Case study: £60,000 for walker headbutted and trampled on by cow

Our personal injury solicitors helped a client claim compensation for injuries she sustained on a dog walk after being headbutted and trampled on by a cow.

Accident circumstances and injuries sustained

Our client, Ms L, was walking her dogs on a public footpath through a field. She reached a gate and put her dogs on their leads. Further down the path, she walked through a second open gate and saw a herd of cows. One of the cows came towards her and headbutted her into the air, and she fell to the ground. Once on the ground, she was further trampled by the cow.

Ms L was taken to hospital by air ambulance and spent three days in intensive care before starting rehabilitation.

As a result of the accident, Ms L sustained the following injuries:

• Fractured ribs
• A punctured lung
• Spinal fracture
• A fractured pelvis
• A torn spleen
• Temporary urinary symptoms
• Psychological injury

Ms L’s injuries were treated conservatively without requiring any surgeries. Upon discharge, Ms L was bedbound for two weeks and required crutches for a further eight weeks. It was approximately four months before Ms L’s mobility returned to normal. During this time, she required significant assistance from her partner and parents.

Claiming compensation for personal injury

Ms L instructed our personal injury solicitors to help claim compensation for her injuries she sustained as a result of the incident.

We submitted details of the claim to the insurers of the owner of the cows and the field through which the public footpath led. Knowing that the path would be used by members of the public, the owners had a duty not to create a danger to the public. Liability for the incident was admitted.

Our solicitors were made aware after the accident that, before this, a complaint had been made about aggression being shown by a cow in that field.

Assessment for treatment needs

An Occupational Therapist assessed Ms L’s ongoing treatment needs. It was recommended that she undergo standard physiotherapy and also specialist pelvic physiotherapy to address the urinary symptoms. Private rehabilitation was arranged for Ms L at the expense of the Defendant’s insurer.

Medical reports obtained and early settlement offer

Our personal injury solicitors obtained copies of Ms L’s medical records and an initial report from a Consultant Orthopaedic Surgeon, which confirmed:

• The rib fractures had healed with a permanent deformity and the pain resolved with no functional problems
• Ms L’s back still caused some ongoing pain and required an MRI scan before a final opinion was provided
• Ms L’s pelvic fracture and torn spleen resolved within three months with no further issues

The Defendant’s insurers made an early offer of settlement for £25,000, which was rejected whilst final medical evidence was obtained.

Our solicitors arranged the recommended scan and an updated opinion from the Orthopaedic Consultant, and further reports from a Urologist and Psychologist. The reports confirmed:

• Whilst Ms L had had pre-accident back pain, the ongoing symptoms were likely related to the accident.
  • She was managing the minor symptoms with Pilates and exercise classes.
• The symptoms had improved since the accident, but remained ongoing.
  • Whilst these could be linked to the pelvic fracture, it could also be linked to psychological injury.
• Ms L’s symptoms initially fulfilled the criteria for PTSD, but her symptoms were improving.
  • Trauma-focused psychological treatment was recommended. The psychologist would re-examine Ms L following treatment to provide a final opinion.

Our solicitors arranged the recommended psychological treatment for Ms L on a deferred payment basis.

An unrelated, tragic personal event delayed Ms L’s psychological recovery and worsened her symptoms. The Psychologist expert confirmed her anticipated symptoms from the unrelated trauma were made worse by the psychological injury sustained in the accident.

Claim for financial losses

Our personal injury lawyers collated details of Ms L’s financial losses she incurred as a result of the accident. These included:

• Psychological treatment costs
• Travel expenses for attending medical appointments.
• Loss of earnings
  • Ms L initially took three months off work, and whilst she was paid by her employer, she was not paid in full.
  • She also had a contractual obligation to repay her employer the sick pay in the event of a successful claim.
  • We therefore included a claim for her loss of earnings, and the sick pay on behalf of the employer
• Care and assistance provided by family members
• Damaged clothing which was cut off by the paramedics
• Temporary gardener and cleaner costs whilst she was unable to do it herself due to injuries
• Childcare provided by friends and family while she was in hospital

Our solicitors obtained a substantial interim payment to assist Ms L financially whilst the claim progressed.

Settlement of the personal injury claim

Upon receipt of the final medical reports, the Defendant’s insurers made a further settlement offer of £35,000, which was rejected. Following further negotiations, Ms L accepted a settlement of £60,000.

Contact our personal injury solicitors

If you’ve been injured in a cattle attack, you might be able to claim compensation. Get in contact with a member of our team for a free, no-obligation chat on 0117 325 2929 or fill out our online enquiry form.