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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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a Tescos loaded trolley hit me sideways without warning last

Resolved Question:

a Tesco's loaded trolley hit me sideways without warning last November. I have a claim with them but am out of date over quantum. I suffered immediate pain behind my right ear but knew other symptoms would develop later. I was in shock and the store were good. One week later my right leg collapsed and I developed pain in my hips and was walking with a limp. I saw a physiotherapist 3 times. But as we know these sort of injuries are difficult to treat. With stretching exercises I have managed to calm the lower back but the shooting pains in my neck still continue from time to time. My medical report from my GP stated that. "she continues to suffer neck pain and right temporal region, and we discussed further sessions of physiotherapy. She has been counselled that these type of injuries can remain symptomatic for a long time and it is not possible to put a time frame on symptoms of this nature".
I have been offered £2500.00 by Tesco but do not have access to Kemp on injuries. My concern is of course once settled the claim cannot be opened again. I am 72 years of age and how does one evaluate damages if this injury to the neck continues for the rest of my life? I do not want to make a massive case out of this but am obviously concerned
about getting it wrong.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What does the medical report say about prognosis ?
Alex Watts : Have you had an indepedndent medical report? Have you had physio?
Customer:

GP report as above basically to carry on with pain killers, stretching and physio. The physio did report but missed the minor whiplash, possibly because he treated the lower back. He says

Customer:

23/12/13 Right arm raising forward restricted to 80%. Movement painful.

Customer:

right arm Lateral straight arm raising to 50% movement painful

Customer:

right arm Posterior straight arm raising movement painful

Customer:

Cervial Dorsal Lumbar spine and Pelvis

Customer:

The musculature over the spine on both sides was tight and painful to pressure from the 6th cervical to the fifth lumbar vertebrae

Customer:

gentle stretching carried out with ultra sound.

Customer:

I do not have another medical report. I hope this helps. Liability has been admitted as the offered me initially £1250 by return of post.

Alex Watts :

What about prognosis please?

Customer:

the only prognosis I have GP says "My feelings are she had sustained whiplash type injury, due to the sudden the sudden thrust by the cart from the side. I made her aware that these types of injuries can remain symptomatic for a certain length of time. " As I referred to before, it is impossible as you well know for anyone to be definite about long term prognosis in these types of injuries, loss of a limb for instance is far more easy to assess. In my experience consultant reports in this area usually end by saying the patient will make a full recovery, but we all know that such is not the case. Where there is a weakness created by external force in the spinal area the body and nervous system do not forget and treatment and pain continue, possible forever. For instance seven months after the event, the neck pain behind the right ear is present today, yesterday was very bad and I took analgesics but a week ago the pain was very little.

Customer:

That is the best I can do I'm afraid

Alex Watts :

So the Dr does not say it will resolve in x months or x years?

Customer:

You sound as if you have very little experience of accident claims otherwise you would not ask such questions. The answer is no and I doubt whether there is a Doctor on this planet who would put his name to a definite date and time. That is why assessing damages needs a degree of expertise and knowledge, its done on a ball point with the information to hand.So what is the going rate for an injury of this kind?

Alex Watts :

I do PI all day long

Alex Watts :

With personal injury claims there is a single joint expert

Alex Watts :

That expert provides a Court approved medical report

Alex Watts :

In that section there is ALWAYS a prognosis

Alex Watts :

The expert will say something like: "On balance the injuries were caused by the index accident."

Alex Watts :

The X injury (ie neck) should resolve within 12 months.

Alex Watts :

OR the expert will say: The x injury is still causing an issue and I recommend that (patient) sees a consultant who can provide a detailed report.

Alex Watts :

There is always a prognosis even if the expert says that it will be ongoing and x years

Alex Watts :

Or the expert will say it is for life.

Alex Watts :

No Court or Judge is able to even consider awarding damages if they do not know what the prognosis is

Alex Watts :

This is why I need to know what the Dr said.

Alex Watts :

Can you upload the medical report?

Alex Watts :

Also you do not need Kemp to get an idea of damages

Alex Watts :

Judges use the Judicial College Guidelines on Personal Injury cases

Alex Watts :

This can be found at:

Alex Watts :

http://www.amazon.co.uk/Guidelines-Assessment-General-Damages-Personal/dp/019968782X/ref=sr_1_1?s=books&ie=UTF8&qid=1405015226&sr=1-1&keywords=Guidelines+for+the+Assessment+of+General+Damages+in+Personal+Injury+Cases

Alex Watts :

Judges read this together with reported cases.

Alex Watts :

Therefore can I see the medical report before I can give you a firm answer?

Alex Watts :

The rate you will get all depends on prognosis.

Customer:

Thank you, ***** ***** upload but I have typed most of it. For the purpose of this assessment which carries no responsibility to you; shall we say, prognosis twelve months recovery as we are already seven months. Does this help you, sorry to be a pain.

Alex Watts :

This helps gratefuly.

Alex Watts :

Let me just get the guidelines to hand

Alex Watts :

What was the date of the accident?

Customer:

Thank you. No I cannot upload but I have typed most of it anyway. Shall we say for this discussion that the prognosis is twelve months from date of accident, as we are already seven months gone. I understand that you are covered by a disclaimer, as this would at least give me some guidance to work on.

Customer:

Thank you.

Alex Watts :

Can I just clarify date of accident?

Alex Watts :

I can say that Chapter 7 applies section A(c)

Alex Watts :

(iii) states where a fill recovery is made within a period of a few days, weeks or months a payout would be a few hundred £ to £1,550

Alex Watts :

(ii) states where a full recovery is made within a period of several months and a year payout would be £1,550 to £3,200

Alex Watts :

If the injury occurred after April 2013 then a 10% uplift would apply to these payouts

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

14th December, 2013

Alex Watts :

Ok - then the 10% uplift does apply

Alex Watts :

Does this help you?

Customer:

last point chapter 7 from where? so I can quote it

Alex Watts :

From the link I gave you on Amazon

Customer:

Ok thanks payment approved

Alex Watts :

Judicial College (11th Ed) Guidlines for the general assessment of General Damages in Personal Injury cases



Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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