Description
The Pursuer sought damages for injuries he sustained in a road accident. The Defenders admitted that their Insured was responsible for the accident but disputed the value of the Pursuer's claim and a Proof on quantum took place. The Pursuer suffered soft tissue injuries to both shoulders, strains of the cervical spine and the thoracic spine, mild burns to his right hand, headaches and dizziness, parasthesia of both hands and short term shock. His back pain settled after a few weeks, but he continued suffering from neck and shoulder pain for about 6 months after the accident. His headaches lasted for a week or two, although the dizziness disappeared within days. The parasthesia in his hands settled after a few days. The neck and shoulder pain caused the Pursuer discomfort and he had difficulty sleeping. He couldn't pursue his hobbies of badminton and rock climbing for several weeks. At the time of the Proof, the Pursuer continued to suffer anxiety when driving and he had also suffered flashbacks. The medical evidence was agreed and the Pursuer was the only witness at the Proof. The Pursuer suggested that the value of his claim was £3,000 - £3,500. The Defenders argued that the appropriate sum was around £1,600. The Sheriff awarded the Pursuer £2,500 in relation to his neck, back and shoulder pain. He also awarded £100 for minor burns, £100 for headaches and dizziness, £100 for parasthesia in the hands and £300 for shock, anxiety and flashbacks. The total sum awarded was £3,100, with interest at 4% a year from the date of the accident.
