2 April 2012

Pre-exisitng knee complaint complicates compensation


Ian’s car was struck by another vehicle which pulled out from the mouth of an estate into his path.  Ian’s knee was jammed under the steering column.  Unfortunately, he had serious pre-existing problems with his knee and surgery had been contemplated which he had put off in the hope that these would pass. 

There was no question but that the other driver was to blame for Ian’s accident and his injuries but the extent of those injuries proved difficult to establish because of his pre-accident condition.  The medical report we obtained estimated that Ian suffered pain of between two and three months which was attributable to the accident.  Any continuing pain would have occurred anyway because of longstanding problems.  We estimated the value of Ian’s claim for pain and suffering at about £1,500 to £1,800 if the case had gone to Court, but we negotiated a settlement of £5,000 for Ian’s knee injury with the other driver’s insurers.  All Ian’s costs were paid by them also. 

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