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In February 2011 the Claimant sustained a soft tissue ‘whiplash’ injury to her cervical and lumbar spine in a moderate energy rear end shunting road accident. Marcus Grant (instructed by Ardip Khalon of Irwin Mitchell) appeared for the Claimant.
She was unfit for work at the time of the accident, having taken c. 6 months off to cope with migraine headaches. There were a number of psycho-social stressors from her childhood and within her marriage at the time of the accident. After the accident her health declined rapidly as she became locked in a central sensitising pain disorder that was largely psychologically mediated. She was forced to abandon her career in the law and was only able to cope with part time tutoring at the time of settlement 5.5 years later. Her case was advanced on the basis that there was a 25% life time chance that she would have descended into an equivalent psychologically-mediated chronic pain disorder. The Defendant did not accept that case and asserted that the soft tissue injuries from the car accident were self limiting and incidental to the decline in her health that would have happened irrespective of any traumatic event. ore limited form of lupus and the onset of fibromyalgia pains.
The £527,000 recovered by way of damages was the product of a mediation between the Parties, weighing up the credibility, vulnerability and causation risks on the facts of the case, 6 weeks before trial.
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