Cycle Injury claim

Personal Injury case report: £13,000 Damages Awarded for Shoulder Injury to a Cyclist

On the 21st March 2003 our client was cycling home from work when a vehicle collided with him and knocked him to the ground. As a result of the accident he sustained a dislocation of the acromio-clavicular joint of his right shoulder and a soft tissue injury to his back. The lateral end of his clavicle became very prominent.

A letter of claim was sent on the 14th April 2003 and the driver's insurers admitted liability in their reply dated the 1st May 2003.

A medical report was obtained from a Consultant in Accident & Emergency medicine. It was noted that the Claimant was unhappy with the cosmetic appearance of his shoulder and was disappointed with the extent of continuing limitation of movement. A decision was therefore made to obtain a further medical report from a shoulder specialist and Consultant Orthopaedic Surgeon. That report was obtained and the surgeon indicated there was a possibility of improvement with surgery but the Claimant decided not to have such invasive surgery.

Medico-legal photographs showing the extent of the cosmetic deficit were prepared.

The Defendant's insurers made an offer of settlement of £6,500 fully inclusive in full and final settlement of the claim. This was rejected but as a result of further ongoing negotiations a settlement was eventually reached on the basis of a payment to the Claimant of £13,000 plus costs of the action. The Claimant's case was funded by his own legal expenses insurers and he recovered his damages in full without any deduction.

Peter Todd
Hodge Jones & Allen
1st August 2005

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