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90 year old lady recovers £298,000 gross of contributory negligence for a shoulder injury in a running down accident. Marcus Grant, instructed by Amina Ali of Barings Solicitors represented the Claimant.
The Claimant was an 86-year-old widow living alone when she sustained a comminuted fracture to left proximal humerus that required fixing with a plate. She was left with a substandard shoulder but was fiercely independent and rejected any significant external care package. At the age of 89 the plate snapped and she needed to undergo shoulder replacement surgery which was successful in reducing the pain but left her with an effectively useless non-dominant upper limb and increased the risk of falling. She continued to resist the imposition of an expensive care package but did accept light touch support. The settlement reflected the heightened risk that she would need a significantly enhanced private care regime in the future. A 20% reduction in her damages was agreed to reflect an apportionment of liability between the Parties.
The case was settled through negotiation at a point between the Parties’ respective best case scenarios.