News & Resources

Resounding victory for Claimant in complex brachial plexus injury arising from RTA

6th December 2019

Michael Rapp, and his instructing solicitor Christopher Kardhaji of Irwin Mitchell, Sheffield, received judgment in a 3 day case in Southend county court in front of HHJ Holmes. C suffered a significant whiplash injury. On her case she suffered a significant peripheral nerve injury that affected the function of her left arm. Whilst she remained capable of day to day activities she asserted that had the accident not occurred she would have returned to work after a career break looking after her family. On her case she would have returned to work as a Legal Secretary at a US law firm. Within a few years she would have been earning £70,000 gross. Instead as a result of her restricted hand and arm function she was restricted to working as an administrator for her husband’s car repair shop earning no more than £12,000 p.a.

The defendant did not accept that the claimant suffered any significant nerve injury and could return to her previous employment. The defendant deployed extensive surveillance evidence and made a part 36 of £50,000 pre trial.

The judge found that the claimant had suffered a peripheral nerve injury. He accepted that it was appropriate to apply a Herring type approach and consider a reasonable future career model. He found that  but for the accident she would have returned to her pre-accident job and by 2021 would be earning £70,000 per annum until retirement. He gave judgment on this basis awarding £596,492 of future lost earnings.

The claimant beat her part 36 offer and was awarded her consequent 10% bonus on her damages, indemnity interest at 5.75% and her solicitors were awarded indemnity costs with again interest on the indemnity period at 5.75%. The claimant received total damages of £829,122.

Related Barristers

Michael Rapp

Michael Rapp
Year of Call: 2002

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