Laura Finnegan-v-MIB Opinion £1_750-£2_000 by jamie2074

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									IN THE ***** COUNTY COURT CLAIM NUMBER: BETWEEN:LAURA FINNEGAN (A Minor) Claimant -andMOTOR INSURANCE BUREAU Defendant _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise the claimant Laura Finnegan as to the quantum of damages that she can expect to be awarded by the Court, in respect of personal injuries she sustained as the result of a road traffic accident on 27th June 2005.

1.

The accident occurred when Laura (an eleven year old schoolgirl) was a front seat passenger involved in a rear shunt collision with another vehicle. Liability is not in dispute. I am obliged to those instructing me for enclosing the medical reports of:     Dr. Finke (28th October 2005). Orthopaedic Consultant: Mr. Rama Mohan (13th October 2006). Follow up: Mr. Mohan (22nd November 2006). Correspondence from Laura’s mother.

Considered together these comprehensively set out the injuries suffered by the Laura, the progress of her recovery, and a final prognosis.

The Injuries

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2.

Laura suffered whiplash type injuries to her neck and back, persistent frontal lobe headaches, and some short lived shock and anxiety. Following the accident she was examined her GP on several occasions, where she was given advice on analgesia to address her ongoing discomfort. Symptoms of neck pain were particularly acute for a week, thereafter settling to an intermittent level and resolving completely within four months of the accident. Similarly, Laura’s related headaches settled down after about six months.

3.

Immediately after her injury, Laura began to experience increasing discomfort in her lower back area, thereafter the persisting symptoms settled to an intermittent level, especially after physical exertion or prolonged sitting. The prognosis of Dr. Mohan’s final report (17 months post accident) refers to very minor ongoing symptoms, (an achy sensation), which he considers to be related to Laura’s posture and therefore not attributable to the index accident. This should indicate a complete recovery period for Laura’s accident related symptoms of back pain of no more than six months in total. There is no anticipation of future deterioration or secondary pathology resulting from the accident and Laura is considered to have made a full recovery.

Quantum

4.

Judicial Studies Board Guidelines: Laura’s injury is a standard whiplash type injury to her neck and back, with residual symptoms that resolved within a year. This should place her somewhere within the 6(A)(c)(ii) Minor bracket of £750 to £2,550. Factors that can place a claimant’s injuries in the very top end of this bracket would be acute

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or multiple symptoms, serious loss of amenity and/or residual travel anxiety, some of which are present here.

Kemp and Kemp

5.

Geoghegan v Duckworth (2003): 41 year old male computer programmer sustained soft tissue whiplash injury to his neck and back due to a road traffic accident. Neck pain was acute for 1 week, moderately severe for 3 weeks, thereafter any intermittent symptoms of discomfort resolved within 6 months. He was awarded £1,800 (£1,995).

6.

Craik v Flett (2002): 46 year old man sustained soft tissue injuries to his neck, shoulder and lower back as a result of rear shunt road traffic accident. All symptoms of pain and discomfort settled completely within 6 months. He received £2,000 (£2,285).

7.

Pinks (Child) v Pinks (2003): 16 year old boy involved in road traffic accident. Developed chest bruising, lower back and neck pain immediately afterwards. Severe chest pain settled after two weeks, thereafter symptoms of intermittent pain in his neck and some minor travel anxiety resolved entirely within 6 months of the accident. He received an award of £1,600 (£1,760).

Conclusion

8.

After a consideration of both the Judicial Studies Board Guidelines and the appropriate case law on this area, I am of the opinion Laura can expect to receive a

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global award for general damages in the region of £1,750 - £2,000 subject to the Court’s discretion. This would take into account both primary injuries, the related headaches, and some overlap in relation to pain, suffering and loss of amenity.

9.

Should those instructing me have any further enquiries that they wish to raise, please do not hesitate to contact me on the number below.

JAMES NAZER 11.01.2007

Sixth Floor Direct Dial 0161 836 6242 Extension 2642

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