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Re C.Kershaw Opinion £1_500

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					RE: C KERSHAW (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise the claimant Charlotte Kershaw 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 7th January 2006.

2.

The accident occurred when Charlotte (a 12 year old schoolgirl) was a back 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 report of Dr. Nigel Jones dated 24th May 2006 which sets out the injuries suffered by Charlotte, and the treatment and prognosis.

The Injuries

3.

Charlotte suffered a whiplash type injury to her neck and back. Following the accident she attended Blackburn A&E where she was examined and given advice on analgesia. For ten days immediately following the accident, Charlotte was in considerable pain as a direct consequence of her injury, (and unable to attend school) and the prognosis of Dr. Jones is that any residual symptoms of intermittent pain will completely settle within six to seven months. There is no anticipation of future deterioration resulting from the accident and she is expected to make a full recovery.

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Quantum

4.

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

5.

M (A Child) v Lambert [2005]: 12 year old girl suffered a whiplash injury as a result of a road traffic accident. Primary symptoms were neck pain and stiffness which was acute for a week (during which his sleep was unsettled) and completely resolved within 6 months of her accident. Some minor travel anxiety also settled during this period. She was awarded £1,400 (£1,450 Today).

6.

P (A Child) v Pemberton [2004]: 16 year old school boy involved in a road traffic accident in which he was front seat passenger. He suffered a whiplash injury causing pain and stiffness in his neck, and a soft tissue injury to his head. Symptoms were acute for three to four days, intermittent for three months and wholly resolved within six months. He received £1,500 (£1,575).

7.

G (A Child) v Russell [2004]: 12 year old boy sustained a soft tissue whiplash injury to her neck as a result of a road traffic accident. Acute symptoms of neck pain began

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to ease after a few days, remained intermittent for three months and settled completely within six months of the accident. He received an award of £1,500 (£1,580).

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 Charlotte can expect to receive an award for general damages in the region of £1,500 subject to the Court’s discretion. Therefore the Defendant’s insurers have slightly undervalued the claim and on this basis the offer of £1,200 should be rejected.

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 19.7.2006

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

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