B v Murtezi
TOTAL GROSS SETTLEMENT
The Claimant aged 53 at the time, was involved in a road traffic accident. He had a long history of neck and low back pain, having undergone extensive anterior lumbar spine and cervical spine surgery.
The Claimant sustained, neck pain, mid back pain and low back pain as a result of the accident. He also suffered bilateral lower limb pain and numbness, genitourinary dysfunction and right shoulder pain. The Claimant's treating consultant considered that the accident had moved the existing cervical fixation and hence the Claimant underwent revision surgery.
At the time of the accident the Claimant was employed as a project manager. He was absent from work and around 8 months post-accident his employment was terminated. In May 2017, the Claimant began alternative employment, in a similar role, with a similar salary although a less favourable benefits package.
The Claimant's expert evidence suggested that the accident had caused a worsening of the Claimant's underlying degenerative condition, which would require pain management and physical therapy for the foreseeable future. He also supported that the accident would cause the Claimant to retire from work 3 to 5 years earlier than he would otherwise have.
The Defendant obtained their own expert evidence which suggested that the accident was responsible for an acute exacerbation of neck pain for 3 to 6 months only, the surgery would have been required in any event and that the trajectory of the natural history of the Claimant's condition had not been altered.
The Claimant was driving his vehicle and slowed in traffic. The Defendant, who was the driver of the vehicle behind the Claimant, failed to brake in time and collided with the rear of the Claimant's vehicle.
Liability was admitted by the Defendant's insurers.
Total settlement £80,000.00 (Claimant age 56 years old)
Estimated breakdown as PSLA £20,000.00 and special damages £60,000.00
Helen Reynolds of Spencers Solicitors Limited
Weightmans Solicitors, Manchester
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