Kashif v. Simpson – (Chronic Pain)
Lawtel (Quantum) – Mrs recorder Knapton
Chronic pain claimant awarded £791,000 after a 3 day trial in the Bradford County Court
Marcus Grant (instructed By Tom Ranson of Ashton KCJ) appeared for the Claimant in an action arising out of a whiplash injury arising from a low speed car accident in a car park. The Claimant, then a 39-year-old Accounts Manager, suffered a Whiplash Associated Disorder compounded by a substantial ‘psycho-social’ response to the pain-induced lifestyle changes that had been forced upon him. He went on to develop an Adjustment Disorder with mixed anxiety and depression that had served to perpetuate his perception of his pain and create a ‘vicious stress and pain cycle’. The Court accepted his evidence supported by expert evidence from a spinal surgeon and a clinical psychologist that his chronic pain condition was attributable to the accident. The Defendant’s positive case that the Claimant was not telling the truth and was exaggerating his description of his symptoms, or alternatively that his symptoms were attributable to an unrelated psychiatrically mediated somatic symptom disorder were rejected. The findings were set out in a reserved judgment of Mrs Recorder Knapton.