Takeover road collision brachial plexus injury claim settles for client misdiagnosed with whiplash
Fieldfisher settled a high six-figure road traffic collision claim on behalf of 50-year-old David* from Cornwall. In January 2022, David, who lives with his partner and daughter, was hit with force while driving by another car, causing his car to spin.
Although initially he did not consider himself badly injured, the pain from the collision got progressively worse along his left side and into his neck and head, often leaving him in agony with burning sensations in his neck and difficulties gripping anything and with tingling in his fingers.
Despite previously having been fit and active, enjoying squash and diving, David continued to suffer from his injury for many years. He gave up most of his leisure activities because he was generally left exhausted after a day's work as a branch manager. His original solicitors, however, were intent on running a low-value whiplash claim on his behalf.
David eventually contacted Adam Curry who reviewed David's case and immediately instructed a leading peripheral nerve specialist to examine David and report on his condition. The report confirmed that David had in fact suffered a form of brachial plexus injury called thoracic outlet syndrome.
The impact from the road collision had caused a very complex injury where there was compression of nerves and blood vessels between the neck and shoulder causing David to suffer life-changing symptoms.
David was advised that only surgery would effectively improve his symptoms and to reduce his pain and ability to function normally. This will likely be complex and very invasive surgery to take some of the pressure off the nerves and blood vessels to try and relieve the symptoms.
Liability had been admitted. Adam quickly instructed the insurer of the car which hit David that he was beginning court proceedings. Before the need for trial, however, the case settled for a significantly higher sum than originally valued by the first law firm, to properly reflect the severity of the injury and future treatment and rehabilitation David will require.
Contact us
For further information about road traffic accident claims and personal injury claims, please call Adam Curry on 0330 460 6367 or email adam.curry@fieldfisher.com
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