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Damages awarded in respect of road traffic accident

By: Evan Kearney BL

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High Court, in an assessment of causation and damages only in respect of a road traffic accident, grants an award of damages to the plaintiff in the sum €55,000 for pain and suffering to date, and €30,000 for future pain and suffering, and invites submissions in respect of special damages.

Personal injuries - road traffic accident- no issue as to negligence – causation and assessment only – defendant had failed to brake in time and had collided with the back of the plaintiff’s vehicle – damage to vehicle assessed at €475.38 – low velocity impact but still a substantial one in capacity to cause personal injury - plaintiff particularly liable to suffer additional damage from such an incident – pre-existing degenerative changes in spine – psychological vulnerability to depression, stress and anxiety – involuntarily clenched her jaw during collision – egg-shell skull rule applied - plaintiff found to have sustained a moderate degree of musculo-ligamentous injury in her neck, back, left elbow, left wrist and left shoulder – underlying degenerative changes in spine became – physical injuries would have settled in 24 months – plaintiff developed chronic pain syndrome due to her pre-existing psychological vulnerabilities – prognosis uncertain - plaintiff failed to persuade court that her injuries caused her hypertension to worse due an inability to exercise – Plaintiff suffered cracks in root structures of several teeth – required root canal work, several crowns and a dental splint – Court awards €15,268 for future dental treatment - Court made award of €55,000 for pain and suffering to date and €30,000 for future pain and suffering - court invites submissions on special damages.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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