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Liability Risk and Insurance

£650,000 in damages for road traffic accident

A man who broke his spine in three places in a road traffic collision has received more than £650,000 in damages after doctors sent him home from hospital saying he was merely suffering with whiplash. The man, who had pre-existing spinal cord injuries, had been airlifted to hospital after losing control of his vehicle and crashing on a slippery stretch of road notorious for accidents. But after being x-rayed and examined by doctors – and despite being unable to move his right arm – he was discharged and told to go home. Following the accident, the council re-surfaced the road after tests revealed the skid surface was well below acceptable levels. Despite a number of collisions having occurred at the same location before this incident and numerous complaints being made, no action was taken until after the man’s accident. A settlement of £285,000 was negotiated when liability was partially admitted by the council responsible for the road surface. A claim against the two hospital trusts for £375,000 was negotiated after they accepted liability.

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