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Case Report: M v Ghosh - Karen Cawood, Spencers Solicitors

Case Name: M v Ghosh

Accident Date: 03/11/2016

Settlement Date: 15/01/2019

TOTAL GROSS SETTLEMENT: £10000.00

Background

The Claimant was involved in a road traffic accident which caused an exacerbation of neck and back symptoms stemming from another road traffic accident in December 2013.

The Claimant was on her way to a hospital appointment so went to the minor injuries unit whilst she was there. She was advised that her symptoms had been made worse and advised to see her GP.

The accident increased the pain in her neck, back, shoulders, right arm and headaches. The accident also caused numbness to her right hand and fingers.

The Claimant found that her injuries caused problems with her work. The Claimant had started a new job 1 month prior to the accident which involved a lot of driving. The Claimant found that following the accident, she had to stagger her journeys and take lots of breaks. She would also take the train where possible instead of driving. 17 months after the accident, the Claimant's work load increased which consequently flared up the Claimant's symptoms. This also had an impact on the Claimant's university exam. Over the counter medication was not effective. The Claimant was provided with various pieces of equipment to help her manage her job, along with a sit and stand desk, boxes and trolleys.

The Claimant was placed on a Pain management Programme which gave her various techniques to assist with breaking up her tasks to manage work more easily.

The accident made the Claimant feel exhausted daily which then resulted in migraines preventing the Claimant from physically doing her job.

The accident affected the Claimant relationship with her husband, family and friends. She was unable to keep up with household chores, carry out as much gardening as she has prior to the accident and could only carry out small aspects of DIY.

The Claimant also suffered with driving anxiety, particularly at night.

Liability

The Claimant was driving her vehicle on her way to an appointment. Suddenly and without warning the Defendant emerged from a garage, crossed three lanes of traffic and collided with the front offside of the Claimant's vehicle.

Liability for the accident was admitted by the Defendant's insurers.

Quantum

The Claimant sustained injuries to her neck, back, shoulders, right arm and headaches, along with numbness to her hand.

The Claimant engaged in physiotherapy, pain management and work coaching in an attempt to try and carry out normal activities and continue to earn a living.

The medico-legal expert was unable to accurately attribute a percentage of symptoms to each of the accidents but in their opinion confirmed that the physical symptoms are likely to be persistent.

PSLA - £10,000.00

Solicitors for the Claimant: Karen Cawood of Spencers Solicitors Limited

Solicitors for the Defendant: Admiral Insurance

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