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
23/12/13 Right arm raising forward restricted to 80%. Movement painful.
right arm Lateral straight arm raising to 50% movement painful
right arm Posterior straight arm raising movement painful
Cervial Dorsal Lumbar spine and Pelvis
The musculature over the spine on both sides was tight and painful to pressure from the 6th cervical to the fifth lumbar vertebrae
gentle stretching carried out with ultra sound.
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.
What about prognosis please?
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.
That is the best I can do I'm afraid
So the Dr does not say it will resolve in x months or x years?
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?
I do PI all day long
With personal injury claims there is a single joint expert
That expert provides a Court approved medical report
In that section there is ALWAYS a prognosis
The expert will say something like: "On balance the injuries were caused by the index accident."
The X injury (ie neck) should resolve within 12 months.
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.
There is always a prognosis even if the expert says that it will be ongoing and x years
Or the expert will say it is for life.
No Court or Judge is able to even consider awarding damages if they do not know what the prognosis is
This is why I need to know what the Dr said.
Can you upload the medical report?
Also you do not need Kemp to get an idea of damages
Judges use the Judicial College Guidelines on Personal Injury cases
This can be found at:
Judges read this together with reported cases.
Therefore can I see the medical report before I can give you a firm answer?
The rate you will get all depends on prognosis.
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.
This helps gratefuly.
Let me just get the guidelines to hand
What was the date of the accident?
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.
Can I just clarify date of accident?
I can say that Chapter 7 applies section A(c)
(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
(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
If the injury occurred after April 2013 then a 10% uplift would apply to these payouts
Can I clarify anything for you about this today please?
14th December, 2013
Ok - then the 10% uplift does apply
Does this help you?
last point chapter 7 from where? so I can quote it
From the link I gave you on Amazon
Ok thanks payment approved
Judicial College (11th Ed) Guidlines for the general assessment of General Damages in Personal Injury cases