EVANS v EUI LIMITED (2015), 2015 WL 13794561 (2015)

For educational use only

EVANS v EUI LIMITED (2015)
Lawtel: This Quantum Report was provided courtesy of Chris Griffiths of Mooneerams Solicitors, solicitors for the
claimant.

Date of Award/Settlement
28 July 2015

PSLA Damages
£3,500 (£3,998.07 RPI)

Total Damages
£4,137 (£4,725.71 RPI)

Kemp Classification
F Spine and ribs

Kemp Sub-classification
F1 Neck: whiplash injury: no previous condition

Award Type
Court Award

Judge
DDJ Hendicott

Court
County Court (Cardiff)

Age at Injury
48

Age at Award/Settlement
48

Gender
Female

Legal Representative
Mooneerams Solicitors (Cardiff) for the claimant. Cordner Lewis Solicitors Limited (Cardiff) for the defendant.
The claimant, a 48-year-old woman, received £4,137 for the back and neck injuries sustained in
a road traffic accident in September 2014. She suffered back pain which was expected to resolve
after nine to fifteen months, and neck pain which resolved after six to eight weeks.

Most significant injury: C suffered back and neck injuries.

Total injury duration: 12 months

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EVANS v EUI LIMITED (2015), 2015 WL 13794561 (2015)

Road Traffic: On 25 September, 2014, the claimant (C) was in her stationary vehicle when a vehicle
driven by the insured driver of the defendant (D) caused a concertina collision which resulted in
an impact with the rear of C's vehicle.

C sustained injury and brought an action against D alleging that the insured driver was negligent
in driving without due care and attention.

Liability admitted.

C suffered back and neck injuries.

C did not seek formal medical treatment but did engage in a course of physiotherapy. She was
unable to carry out heavy domestic chores initially and did not attend the gym for two weeks,
before gradually returning.

C's neck injury resolved within six to eight weeks of the accident and her back injury was expected
to recover within 9 to 15 months of the accident date.

Court Award: £4,137 total damages

Background to damages: Due to the broad prognosis the judge treated C's injury as a 12-month
injury and valued it accordingly.

In addition to the figures presented in this report C was awarded 10 per cent increase in damages
having beaten their own previous offer, as well as 10 per cent on interest over 90 days.

Breakdown of General Damages: Pain, suffering and loss of amenity: £3,500.

Breakdown of Special Damages: Past physiotherapy costs: £525; Past telephone and postage costs:
£10; Past travel costs: £102.

Simmons v Castle [2012] EWCA Civ 1288, [2013] 1 W.L.R. 1239 10 per cent uplift: applied.

© 2021 Thomson Reuters. 2