This site uses cookies.

Case Summary: W v L - Steven Barke, Spencers Solicitors Limited

09/11/22. Case Name: W v L

Accident Date: 24/12/2018

Settlement Date: 20/07/2022


Background and Liability

The Claimant, aged 51, was involved in a road traffic accident on the 24th December 2018 when the vehicle he was travelling in was struck from behind by the Defendant’s vehicle.

Liability for the accident was admitted by the Defendant representatives.

Personal Injuries

The Claimant sustained immediate injuries to his right shoulder, low back and right ear. He subsequently developed problems with his left shoulder whilst having a course of physiotherapy in May 2019 from which he has recovered.

The Claimant has undergone a course of physiotherapy, investigated by MRI scan and has consulted a Consultant Orthopaedic Surgeon specialising in shoulder injuries all with the agreement of the Defendants. The MRI scan revealed a large tear in the Claimant’s right shoulder. The Orthopaedic Surgeon recommended the Claimant have an operation to repair the tear. Without the operation, the Claimant will continue to suffer pain and have limited movement.

The Claimant’s right shoulder pain limited the Claimant in the type of work he could carry out. In addition, the Claimant had tinnitus in his right ear.

It is the Claimant’s case that he was disadvantaged on the open labour market. He no longer worked as an interior shutter door surveyor due to changes in that particular market. He continued to work, helping his son, who was a qualified plumber, to carry out light jobs which did not require work above head height or using his arm in an outstretched position.

The Claimant was willing to have the operation recommended by the Orthopaedic Surgeon and he would require some help after the operation from his partner and would be unable to work for about 3 months.

Following the accident, the Claimant's partner assisted the Claimant with dressing, showering and shaving for the first two weeks following the accident. Care would also be required following surgery for a period of approximately 3 months.

The Claimant received 6 sessions of physiotherapy treatment after the accident. The physiotherapy did not help the Claimant’s right shoulder, but it did help the low back. Gradually, the low back pain improved and by approximately 18 months after the accident, the symptoms had almost resolved.

The Claimant was unable to return to his hobbies of shooting or carp fishing.

Disadvantage on the Open Labour Market/ Smith & Manchester Award - The Claimant, at the time of settlement, was still waiting for his operation and had pain and limited movement in his right shoulder. He was disadvantaged on the open labour market as he could not work with his right arm extended above his head or outstretched in front of him or to the side.


The Claimant, aged 55 at the time of settlement, received damages in the sum of £35,000.00.

The Claimant’s claim consisted of:

Physiotherapy Treatment


General Damages

Future surgery/ care and loss of earnings

Future treatment

Disadvantage on the open labour market

No breakdown was provided. The claim was settled on a global basis.

Solicitors for the Claimant: Steven Barke, Spencers Solicitors Limited

Image ©

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.