Bite to leg with psychological trauma, claimant awarded £17,500

Instructed Solicitors represented the Claimant in an action brought against the Defendant for damages for injuries and losses arising out of a dog bite incident.

On 14.04.2021 the Claimant was acting during the course of his employment working in a public house. He was serving the Defendant’s table when the Defendant’s dog attacked the Claimant, biting him on his right leg.

As a result of the incident, the Claimant sustained a dog bite on his right leg with ongoing scarring.

Instructions were received and full consideration was given to the circumstances surrounding the claim before a letter of claim was sent to the Defendant on 07.07.2021.

The Defendant responded on 04.08.2021 admitting liability.

Work was undertaken to fully quantify the Claimant’s claim for damages. The Claimant’s GP and Hospital records were obtained.

Expert nominations were provided to the Defendant who confirmed on 03.09.2021 that they had no objections to the nominated experts.

Initial medical evidence was obtained from a Consultant in Emergency Medicine, an Orthopaedic Specialist who stated that the Claimant had sustained 2 dog bite lacerations/abrasions to the right lower leg which healed in 1 to 2 weeks, with 2 visible marks/scars which would become pale over a period of 12 – 18 months, also recommending that evidence be obtained from a Psychologist as the Claimant had become nervous of dogs.

In light of the recommendations a report was obtained from a Consultant Clinical Psychologist. who stated that the incident was responsible for creating a heightened sense of vulnerability and triggered the development of a psychological disorder, Specific Phobia (Situational) DSM-V 300.29 and the development of a Major Depressive Episode DSM-V Recurrent 293.31 (mild). The expert was of the opinion that the Specific Phobia would persist and recommended CBT treatment to assist recovery.

The Claimant’s medical evidence was disclosed to the Defendant on 19.05.2022 and an interim payment was requested in the sum of £5,000.00 in order that the Claimant could commence his CBT treatment. Following numerous communications with the Defendant, an interim payment in the sum of £5,000.00 was obtained on 27.07.2022 (£4,750.00) and 29.07.2022 (£250.00).

Work was undertaken to quantify the Claimant’s losses. At the time of the accident the Claimant was working in hospitality with a salary in excess of £30,000.00 per year, plus bonus. This career came to an end and he could only obtain employment in a driving role at minimum wage and was disadvantaged on the open labour market.

An initial Part 36 offer was obtained from the Defendant by way of a Part 36 offer dated 18.08.2022 in the sum of £15,000.00 gross of interim payments.

Quantum negotiations ensued, culminating in the Claimant making a Part 36 offer in the sum of £17,500.00 gross of interim payments on 23.08.2022, which the Defendant accepted on 01.09.2022 to conclude matters.