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IN THE NORTHAMPTON (CCMCC) COUNTY COURT
B E T W E E N:
MR UNNAMED PERSON
A FICTITIOUS CARE HOME COMPANY
CLAIMANT’S SCHEDULE OF LOSS
Assault date: 1 March 2012
Claimant’s Date of Birth: 21 January 1950
Claimant’s age at date of assault: 62 years
Claimant’s age at date of schedule: 65 years
The Claimant claims damages for personal injury and associated losses incurred as a result of an assault at work on 1 March 2012.
The Claimant was employed by the Defendant as a care home assistant in a care home in a fictitious town in Southern England.
PART A. GENERAL DAMAGES
The Claimant submits that his right wrist injury falls within bracket 10 (H) (c) of the Judicial College Guidelines.
The Claimant’s medical expert, Mr Consultant, opined that the symptoms the Claimant now describes were accelerated by a period of 3 to 5 years as a result of the assault.
The Claimant has further suffered psychological injury as a result of the assault and, in particular, has suffered with anxiety and depression. The Claimant intends to obtain further medical evidence from Consultant Psychologist/Consultant Psychiatrist.
Total General Damages: TBA
PART B. SPECIAL DAMAGES
1. Loss of Earnings
The Claimant resigned from his employment on 1 March 2013, as he was unable to continue to work as a result of his injuries. The Claimant submits that he would have continued to work had the assault not occurred, until he was due to retire aged 68.
The Claimant’s earnings before the assault was x.
The Claimant’s post-assault earnings was y.
Total Past Loss of Earnings: £20,000.00
2. Care and Assistance
Care is claimed at reduced rates based on NJC rates to allow for the gratuitous nature of the care provided. In accordance with the NJC rate of £8.85 per hour reduced by 25% as per Evans v Pontypridd Roofing Ltd [ EWCA Civ 1657, care is claimed at £6.64 per hour.
The Claimant claims for three hours care and assistance per day between 1 March 2012 and 1 September 2012. During this period, the Clamant had difficulties dressing himself and performing even the most basis of domestic and household chores. The Claimant’s wife provided him with care and assistance...
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