TSSA member injured in road traffic accident awarded compensation

Morrish SolicitorsInjury & Medical Negligence, Site NewsLeave a Comment

A TSSA member who was injured in a road traffic accident has been awarded £19,000 compensation with the help of his union, TSSA, and Morrish Solicitors.

Mr Manuel, from Doncaster, was cycling to York Railway Station on his way home from work in February 2012, when he was involved in a collision with a car.  The car attempted to make a right turn when it was unsafe to do so, which meant that Mr Manuel could not avoid colliding with the front wing of the car.  As a result, he was thrown over the handle bars of his bicycle, onto the car bonnet and landed very heavily on his back and elbows in the road.

A passer-by kindly helped Mr Manuel to his feet and although he felt sore all over, he decided to catch the train home to Doncaster. However, during the course of the journey his pain worsened and he decided to visit the Accident and Emergency Department at Doncaster Royal Infirmary. He was assessed, but did not undergo x-rays and was informed that he had likely suffered soft tissue injuries to his neck, elbows, shoulders and back and advised to take painkillers.

Although Mr Manuel was still experiencing a great deal of pain, he returned to work immediately. However, over time, the pain continued; he was suffering from frequent headaches and starting to stoop due to ongoing back pain, which ultimately meant that he was having difficulty coping with his everyday work.

He visited his GP and was referred to Doncaster Royal Infirmary to undergo x-rays and an MRI of his spine. Results showed an acceleration of pre-existing degenerative changes in his spine. Following investigations, Mr Manuel was referred for physiotherapy and pain relief injections.

He remained in pain and discomfort for many months following the accident and although he made a full recovery from his soft tissue injuries, he continued to experience a great deal of back pain. This eventually contributed towards his decision to take early retirement from work.

Morrish Solicitors argued that the Defendant had been driving negligently and full liability was admitted, however there was a dispute over the extent of Mr Manuel’s injuries. Court proceedings were issued, and due to the Defendant’s failure to respond, a Judgment was entered in Mr Manuel’s favour.

The Defendant’s filed a defence, disputing the amount of the claim and the case was listed for trial on 15 October 2015.

An initial settlement offer was put forward for £10,000, followed by a further offer of £15,000, which was rejected. This was finally increased to a full and final settlement of £19,000, which was inclusive of Mr Manuel’s financial losses suffered as a result of the accident and the claim for injury.

Mr Manuel said: “TSSA and Morrish Solicitors worked extremely hard and in a most professional way giving me outstanding guidance and support, which helped me through this stressful time.  I was given invaluable assistance and managed to settle my claim for compensation.  Please accept my sincerest thanks.”

 

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