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#1 Posted : 16 October 2002 00:19:00(UTC)
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Posted By Jane Riley I wonder if any of you have any first-hand (no pun intended!) knowledge of damages awarded for a thumb injury? I would be interested in both out-of-court settlements or cases which have reached the civil courts. Brief details of the injury are loss of the tip of the right thumb, just above the knuckle - the person is right handed. I feel that there is a clear case of negligence. Whilst I am able to get general figures for likely damages for the injury itself, I have not been able to find any examples of awards which include an element for loss of earnings etc. Thankfully, I have no previous experience of such an accident, and therefore any information will be gratefully received. Many thanks, Jane
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#2 Posted : 16 October 2002 16:11:00(UTC)
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Posted By Chris Robinson The Judicial Studies Board guidelines for very serious injury to thumb, which includes partial amputation, is £10000 to £18000. within this bracket there are a number of issues to consider, whether the thumb is dominant, the degree of pain and suffering, the appearance, the age and sex of the claimant, type of employment and how affected. There may also be a so called Smith v Manchester award where even if original work continues, there is a risk of loss of opportunity on the open labour market (would the injury affect the claiamnt getting another job?). loss of earnings is "special damages" i.e. it can be exactly calculated from date of accident to date of return to work by comparing income during absence with the weekly average of the 13 or 26 weeks prior to accident.There may also be a claim for costs of care, even by relatives or friends, costs of travel e.g. to and from hospital, and medication. For a claim of this type proper face to face legal advice is essential, not via ambulance chasers or TV adverts. use a Law Society Accident Line solicitor or a Trade Union solicitor.
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#3 Posted : 16 October 2002 16:31:00(UTC)
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Posted By Jane Riley Thanks Chris, Your thoughts are much appreciated. Incidentally, this is not my claim! I'm seeking advice on behalf of a company who I have just started to advise. They have received notification of the intent to sue for damages, and were wondering what to expect if they don't settle out of court. I have advised that they seek their own legal advice, though I guess the final decision will be with their insurers. Thanks again, Jane
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