Road Traffic Accident
áNAFI –v- KIAMIL
The Claimant pursued a claim for damages for losses arising out of a road accident on 1 December 2003. Liability for the accident was admitted and judgment entered.
As a result of the road traffic accident the Claimant sustained a soft tissue injury to her lower back which resolved by June 2004 but also sustained a soft tissue injury to her neck which has led to chronic pain. At the time of the accident the Claimant had commenced work as a professional photographer. Three years after the accident, due to the chronic pain in the Claimant’s neck, her contract of employment was terminated on the grounds of ill-health.
Proceedings were issued for a claim for damages and loss of earnings/future earnings. The Defendant’s medical expert denied that the cause of the Claimant’s ongoing symptoms was accident related and estimated that the Claimant, in his view, only had 12 months worth of symptoms attributable to the accident. The Claimant’s medical expert attributed all the ongoing symptoms to the accident and confirmed that the Claimant was now unfit to work as a professional photographer.
The Defendants instructed surveillance personnel to follow the Claimant. The DVD surveillance evidence was disclosed at a late stage but did not provide any evidence that was detrimental to the Claimant’s case.
The Claimant’s claim settled 2 months before trial in the sum of £45,000.00 and the claim was conducted by Vicky Hydon.