We have been acting for a client (now aged 55) who was involved in a road traffic accident on 22 July 2019 when she sustained a rotator cuff injury to her left non-dominant shoulder. She was also badly shocked and shaken.
Briefly, our client was driving her motorcar along a busy A road. She wanted to turn right off the main road to a side road and had looked in her rear view mirror, slowed down, indicated and eventually came to a standstill as there was oncoming traffic but she was then struck from behind by another vehicle with great force.
Her car was pushed along the road and onto the wrong side towards oncoming traffic. She managed to steer it back onto the left hand side but she believes in making this rapid twisting movement, whilst being hit with some force, caused a tendon in her left non-dominant shoulder to be torn.
The legal case against the other driver
The accident was due to the negligence of the other driver in that he:-
(a) Drove too fast.
(b) Failed to heed he fact that our client’s car was stationary in front of him
(c) Failed to heed the fact that she was approaching stationery traffic
(d) Failed to keep a proper look out.
(e) Failed to stop, to slow down, to swerve or otherwise so to manage or control his car as to avoid the collision.
(f) Collided into the rear of our client’s car.
Following her accident and in light of her ongoing shoulder symptoms, our client underwent investigation and treatment in the form of ultrasound scans, x-rays, injections and eventually surgery (a rotator cuff repair) on her left shoulder.
Unfortunately, the surgery was unsuccessful. She then underwent an MRI scan and was advised against any further rotator cuff surgery. She is continuing to have physiotherapy.
This injury has impacted on her home and social life but fortunately, she has been able to continue working without too much difficulty. She is restricted in any activities involving her left arm as it is much weaker. If she uses her arm repetitively, she has to stop as she gets discomfort in her shoulder.
Our client is at risk of further deterioration in her shoulder namely, an increased risk of arthritis and the condition known as rotator cuff tear arthropathy which would necessitate a reverse shoulder replacement.
Following a Letter of Claim, liability was admitted by the insurers of the other driver and they initially offered to settle her claim for £25,000.00 which we advised her to reject. The bulk of her claim was for pain, suffering and loss of amenity but also included a modest amount for her financial losses.
The parties were able to reach a settlement without the need to issue proceedings.
S J Edney solicitors obtained compensation of £35,000.00 for this client during 2022