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Appeal against MIB award in chronic pain case successful

20th November 2015

Award of £419,000 made in substitution for award of £178,000. Marcus Grant appeared for the Claimant.

Marcus Grant (instructed By Vicky McNeill of Irwin Mitchell) represented a 53-year-old Macmillan Cancer Support Manager who sustained soft tissue injuries in a car accident where the perpetrator fled the accident scene. A claim was submitted to the MIB under the Untraced Driver’s Agreement. The Applicant struggled on at work for almost 5 years after the accident reporting symptoms of chronic pain. The original determination of £178,000 was made by the MIB Assessor before the treatment options had been exhausted for the chronic pain symptoms and made an allowance for future disadvantage on the open labour market. The award was appealed on the basis that it was premature to assess the loss whilst the prognosis was so uncertain, and that a follow up report from the pain expert ought first to have been commissioned. That appeal was upheld by the Adjudicator.

The award was set aside and the further evidence obtained resulting in a further assessment by the Adjudicator in the higher sum. The case raised complex questions of causation with regard to the late deterioration in function after several years of seeming to cope with chronic pain.

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