Road Traffic Accident Case Background
Our client was cycling along a main road when the defendant, travelling in the opposite direction, turned right across his path, colliding with him and throwing him to the ground.
He suffered a mid-shaft fracture of the right clavicle and scapula (a floating shoulder injury). After being taken to hospital he underwent surgery comprising open reduction and internal fixations of the right clavicle with a combination of plates and screws.
He wore a sling for approximately five weeks, and the surgery left a 9cm scar over the clavicle and a 'lumpy' looking collarbone. Our client also developed neck pain with associated headaches, as well as lower back and chest pain.
What Shoosmiths did
We received instructions from our client in June 2010 on a 'no-win-no-fee' basis and secured a swift admission of liability from the opponent's insurers. Financial losses were collated and an interim payment was secured early in the claim for a replacement bicycle.
We arranged for our client to be examined by a consultant orthopaedic surgeon, and the resulting report confirmed that the client had sustained a fracture to his collarbone and shoulder blade, as well as pain to his chest, neck and back. He also had scratches and bruising to his face.
The consultant provided a prognosis of 18 months' recovery from the date of the accident, and our client chose to rely upon this prognosis and invite settlement of his claim.
We secured a gross settlement of £14,774, 13 months after the accident. He received £11,000 for his personal injury, and £3,774 for outstanding losses compromising loss of earnings, replacement bicycle, loss of enjoyment of holiday, and orthopaedic mattress and pillow.
Whilst we can arrange physiotherapy, in this case the client chose to use his private health care cover, the cost of which we recovered for his insurers.
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