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