6

7

A 60-year-old woman, Mrs Smith

1

, was hit by a bus when it 

mounted the curb.

As a result Mrs Smith suffered:

• A fractured skull

• Bruising of the temporal lobe

• Facial paralysis

• Loss of smell and some loss of taste

• Some hearing loss in the left ear

• Dizziness

• Minor wrist injury

• Post-traumatic stress disorder of moderate 

severity

Because of these injuries Mrs Smith had 

to undergo surgery to repair some facial 

paralysis. Because of this it was also necessary for Mrs 

Smith to have laser eye surgery as wearing glasses was 

uncomfortable.

Mrs Smith has been left with ongoing 

dizziness, a tender ear following the facial 

paralysis surgery and loss of taste, smell 

and hearing in her left ear.

Before she was injured, Mrs Smith planned to continue working as 

an accounts assistant until retirement at the age of 65. Due to her 

ongoing injuries, she was forced to take early retirement and now 

requires assistance at home with cleaning and running errands.

1

Name changed to protect identity

2

loss of earnings for Mrs Smith’s husband, who cared for his wife

General 

damages

Special damages 

for past losses

Special damages for 

future losses

pain, suffering 

and loss of 

amenity

£39,000

Care

Travel

Lost earnings (spouse

2

)

Laser eye surgery

Hearing aids

Future hearing aids

Potential future earnings

Future care

£1,500

£300

£500

£2,000

£3,500

£5,000

£5,000

£10,000

A breakdown of damages

Total 

£66,800

Q&A

Why don’t injured people just ‘get on with it’?

The effect of an injury on an individual should never be underestimated. 

Even a minor injury can be very painful and can disrupt someone’s life if 

only on a temporary basis. Someone with a fractured wrist, for example, 

might not be able to drive while the bone heals, which has an impact on 

work and social life and can incur expenses. He or she may not be able 

to play sport, or play with children or grandchildren. Basic tasks, such 

as washing hair, can suddenly be challenging. Imagine simply putting up 

with this, when someone else’s negligence has caused it, and when you 

have a right to help and redress. Also, it is not fair that the State should 

pay when people are out of work or need physiotherapy when the person 

who caused the injury has an insurance policy in place to cover the cost of 

personal injuries.

The impact of a catastrophic injury, such as losing a limb, probably seems 

obvious to most people. But as well as funding care, rehabilitation, 

and covering financial losses, an injured person is compensated for the 

unquantifiable losses of pain and suffering. For some, life as they know it 

is changed forever because of their injuries. 

Jane McBennett, a clinical negligence specialist, had a client whose knee 

replacement surgery was performed negligently. The only way to resolve 

the damage was to amputate his leg above the knee: “This was a person 

who enjoyed working and had a nice lifestyle. You can just imagine how 

they felt to suddenly find themselves in this position where the world is 

an uncertain place. They were faced with losing their job, their hobbies 

and their stability.”