Whiplash injury with significant vestibular dysfunction
Settlement for £1.5 million
The Claimant, who was born in 1965 and so was 29 at the date of the rear end car crash in 1995, sustained a soft tissue injury to her neck, coupled with severe injury to her vestibular (balance) system. The combined effect of these two injuries, the second of which was undiagnosed for a long time, was to disable the Claimant substantially. She never returned to her important job in industry, at which she earned about £35,000 to £40,000. She was unable to live anything like a full social or domestic life, having to go about all her activities with great care in order to avoid aggravation of her disabling symptoms. She required significant care from her parents in the domestic management of her life.The following figures were not agreed by the Defendant, but are a reasonable estimate of the nature of the claim.
Pain, suffering and loss of amenity 50,000
Past loss
earnings 367,000
earnings related benefits 75,000
care 65,000
Future loss
earnings (£43,000 X 18) 774,000
pension 115,000
care 168,000
NOTES:
As so often, the defence waited until the last minute before acknowledging the true extent of the Claimant's disability. They had skirted round the issue of using video evidence to allege fraud, but were forced by court order to accept that, as the evidence stood when the order was made, they did not make any such allegation. That meant that they would have difficulty calling the doctor who did make that allegation against the Claimant.
An extra £1 million was paid into court on the seventh working day before a six day trial.
It was enormously valuable to have a top quality vestibular expert, Dr Peter Savundra, with whom it was possible to discuss this very difficult and unusual case. Also, the acknowledged expertise of Gordon Bannister in whiplash injury was of great help; we had real difficulty in persuading the court to allow us to use his evidence.
Bill Braithwaite QC
26 February 2005