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Re B.Topp Opinion £1_800

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personal injury opinions

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									RE: BRANDON TOPP (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise the claimant Brandon Topp as to the quantum of damages that he can expect to be awarded by the Court, in respect of personal injuries he sustained as the result of a road traffic accident on 25th February 2006.

2.

The accident occurred when Brandon (a 7 year old male child) was a back seat passenger involved in a side impact collision with another vehicle. Liability is not in dispute. I am obliged to those instructing me for enclosing the medical report of Dr. Peter Finigan dated 31st May 2006 which sets out the injuries suffered by Brandon, and the treatment and prognosis.

The Injuries

3.

Essentially, Brandon suffered a whiplash type injury to his neck and back. Following the accident he was examined by his GP who prescribed analgesics. For three weeks immediately following the accident, Brandon was in severe discomfort as a direct consequence of his injuries, and the prognosis of Dr. Finigan is that any residual symptoms will completely settle within a period of five to seven months. There is no anticipation of future deterioration resulting from the accident and he is expected to make a full recovery. Brandon also suffered from symptoms of sleep disturbance and

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nightmares immediately following the accident, and these are expected to resolve completely within a period of six to nine months.

Quantum

4.

Turning first to the Judicial Studies Board Guidelines, it would seem that we can classify Brandon’s injury as a standard whiplash type injury to his neck and back, with residual symptoms that resolved within a year. Therefore, this injury should place him somewhere within the 6(A)(c)(ii) Minor bracket of £750 to £2,500. Factors that can place a claimant’s injuries in the very top end of this bracket would be acute or multiple symptoms, serious loss of amenity and/or residual travel anxiety, of which the latter is clearly apparent in this instance.

5.

T (Children) v Megicks [2004]: T1, a nine year old girl suffered a whiplash injury as a result of a road traffic accident. Primary symptoms were neck pain and stiffness which were acute for two weeks and completely resolved within six months of her accident. Some minor travel anxiety also settled during this period. She was awarded £1,750 (£1,810 Today).

6.

P (A Child) v Kumar [2005]: Four year old girl involved in a road traffic accident. She suffered a whiplash injury causing pain and stiffness in her neck, and occasional headaches. Symptoms were acute for three weeks, and wholly resolved within six months. Associated travel anxiety also settled during this time. She received £1,750 (£1,790 Today).

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7.

D(A Child) v Noor [2004]: 15 year old girl sustained a soft tissue whiplash injury to her neck and shoulder as a result of a road traffic accident. She suffered from painful and restricted movement in these areas to an acute degree for three months, and intermittently thereafter. Associated headaches and travel anxiety were also noted. All symptoms resolved within six months. She received an award of £2,000 (£2,080 Today).

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 Brandon can expect to receive an award for general damages in the region of £1,800 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 15.6.2006 In House Advocate Destiny Legal Services Seventh Floor Direct Dial 0161 836 6322 Extension 2722

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