TORT CASE

Advanced Legal Method

Advanced Legal Method

A Brief

Background of the Case

Victor Roland has been involved in an accident that has led to many injuries and damages. He was stationary at a stop sign and was waiting for the traffic to cease when he was hit from behind by another car. As he was not wearing a seat belt, he was flung forward towards the steering wheel and windscreen. Due to this impact he suffered injuries to his right hand, nose and head. The driver of the car that hit Roland's car came out and started screaming at Roland. She even pulled him out of the car and hit him. Apart from this, she even threaten him stated that she will make sure he paid for all the damages. She then threw a business card at him and drove off leaving him on the road injured. Fortunately, there were two film crew members from a certain channel who had filmed the entire scene. Then sent Roland the DVD through which he can prove what happened to him.

Pain, Suffering, Loss of Amenity

When assessing the non-economic loss, the loss of amenity of Roland is calculated at a score of 3. This is because, Rolando will not be able to properly enjoy his work as he is a crafter and the main tool is his hand. He will not be able to properly do his work as permanent damage was done to his hand. The pain and suffering is also emotional as he was never involved in an accident which is why this accident shook him up badly. He was not able to take care of himself and his partner had to get unpaid leave to look after him. Furthermore, the level of pain and suffering is massive as the accident will have a major impact on his daily life as his right hand has been damaged permanently.

Special Damages

Following are the special damages in this case:

Hospital and Surgery Expanses

The total medical, prescription and treatment fee for Roland was £4,200. This included clearing of the wounds, medicines and surgery for his right hand. Other than that, even after the surgery of his hand, the outcome was not reassuring. Rolando has will not be able to recover the dexterity of his hand. The doctor estimated the loss of use will be around 10%.

Loss of Career Opportunity and Future Earning

Rolando was a very fine crafter and according to his boss was progressing very fast. Hos earnigs were 14 per week for 36 weeks and 3 hours over time with 20 pounds per hour. He would have reached the level of a Master crafter in mere 12 months which means that the anticipated earnings could have drastically increased. His earning would have been £32 per hour, while the overtime earning would have been £40 per hour averaging 3 hours per week. This means that the average earning per week would have been £1272 including the overtime earning which is more than double the amount of what ...