Re Amy Regan Opinion £1 000 by jamie2074

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									RE: MISS A REGAN (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise the claimant Amy Regan 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 22nd December 2005.

2.

The accident occurred when Amy (an eleven year old school girl) was a back seat passenger involved in a side on shunt collision with another vehicle. Liability is not in dispute. I am obliged to those instructing me for enclosing the medical report of Dr. Pedro Simoes dated 1st April 2006 which sets out the injuries suffered by Amy, and the treatment and prognosis.

The Injuries

3.

Amy suffered a whiplash type injury to her neck and associated travel anxiety. For a few days immediately following the accident, Amy was in some pain as a direct consequence of her injury, and the prognosis of Dr. Simoes is that any residual symptoms had completely settled after three weeks. Associated situational anxiety is expected to resolve within three months of the medical report, giving a total recovery period of about seven months. There is no anticipation of future deterioration resulting from the accident and it is considered that she will make a full recovery, both physically and psychologically.

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Quantum

4.

Judicial Studies Board Guidelines: We can classify Amy’s injury as a standard whiplash type injury to her neck and back, with residual symptoms that resolved within a year. This injury places her within the 6(A)(c)(ii) Minor bracket of £750 to £2,500. Factors that can place a claimant’s injuries towards the top end of this bracket would be acute or multiple symptoms, serious loss of amenity and/or residual travel anxiety, some of which are present here, albeit to a relatively minor degree.

5.

W (A Child) v Hussein [2005]: Boy aged twelve, suffered whiplash as a result of road traffic accident. Acute symptoms resolved in two weeks, complete physical recovery within six weeks. Initial travel anxiety settled after three months. He received £1,000 (£1,030 today).

6.

V (A Child) v Trujillo [2005]: Girl aged eleven, suffered whiplash in rear shunt road traffic accident. Pain and tenderness in neck and lower back resolved within three weeks. Travel anxiety was acute for one month and fully resolved within six months of her accident. She was awarded £1,000 (£1,030 today).

7.

Seddon (A Child) v Woodwood [2002]: Girl aged four, sustained whiplash injury in road traffic accident. Discomfort in neck settled fully after two weeks, soft tissue damage to chest resolved in three weeks. Associated sleep disturbance also cleared up during this time period. She was awarded £1,000 (£1,115 today).

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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 that Amy can expect to receive an award for general damages in the region of £1,000 subject to the Court’s discretion.

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 30.6.2006

In House Advocate Destiny Legal Services Seventh Floor Direct Dial 0161 836 6322 Extension 2722

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