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Re C.Bolton Opinion £1_300

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					RE: C. BOLTON (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise Cory Bolton 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 14th February 2006.

2.

The accident occurred when Cory (a 12 year old schoolboy) was a rear seat passenger involved in a double shunt collision with another vehicle. Liability is not in dispute. I am obliged to those instructing me for enclosing the medical report of Dr. Kirwin dated 25th May 2006 which sets out the injuries suffered by Cory, and the treatment and prognosis.

The Injuries

3.

Essentially, Cory suffered a whiplash type injury to his neck and back. Following the accident he was examined by his GP who prescribed analgesics. For three days immediately following the accident, Cory was in constant pain as a direct consequence of his injuries, and the prognosis of Dr. Kirwin is that any residual symptoms of neck or lower back pain will completely settle within four and a half to five months of his accident. He has had four weekly sessions of physiotherapy. There

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is no anticipation of future deterioration resulting from the accident and it is expected that he will make a full recovery.

Quantum

4.

Judicial Studies Board Guidelines: We can classify Cory’s injuries as a standard whiplash type injury to his neck and back, with residual symptoms that resolved within a year. This should place him 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, all of which are absent here.

5.

K (A Child) v Harris [2005]: Girl aged 7, suffered whiplash in rear shunt road traffic accident. Pain and tenderness in neck and lower back resolved within three months. No other symptoms. She was awarded £1,000 (£1,040 today).

6.

P (A Child) v Pemberton [2004]: Boy aged sixteen, suffered whiplash as a result of road traffic accident. Acute symptoms for four days, intermittent discomfort at three and a half months, and complete physical recovery within six months. He received £1,500 (£1,575 today)

7.

G (A Child) v Russell [2004]: Boy aged twelve, sustained whiplash injury in road traffic accident. Full physical recovery within six months, no associated travel anxiety. He was awarded £1,500 (£1,590 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 Cory can expect to receive an award for general damages in the region of £1,300 subject to the court’s discretion. This is of course contingent upon Cory making a full recovery in line with the prognosis of Dr. Kirwan.

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 26.6.2006 Destiny Legal Services Seventh Floor Direct Dial 0161 836 6322 Extension 2722

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Description: personal injury opinions