Re D Rathod Opinion £1_000-£1_250 by jamie2074


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									RE: DYLAN RATHOD (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________



I am asked to advise the claimant Dylan Rathod 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 17th August 2006.


The accident occurred when Dylan (a ten year old school boy) 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. Horn dated 21st December 2006 which sets out the injuries suffered by Dylan, and the treatment and prognosis.

The Injuries


Dylan suffered a soft tissue injury to his chest and moderately severe persistent headaches as a result of his accident. Moderate chest pain settled after two weeks, and at the time of his examination, (four months post accident) Dylan was still experiencing occasional mild headaches, at the rate of about twice per month.


The prognosis of Dr. Horn was that these headaches would settle within three months of his report, giving a total recovery period of about seven months post accident.


There is no anticipation of future deterioration or secondary pathology resulting from the accident and Dylan is expected to make a full recovery.



Judicial Studies Board Guidelines: Dylan’s injuries do not fall neatly into any of the categories, of more help is the Headaches section of Kemp and Kemp, which appears to address injuries of a similar nature to those suffered by Dylan.


J (A Child) v Jones (1999): 14 year old schoolboy sustained multiple minor soft tissue injuries as a result of road traffic accident. The physical symptoms resolved within 2 weeks, residual occasional headaches persisted for 6 months after the accident. He received £1,000 (£1,215 today).


Z (A Minor) v Greater Manchester Police Authority (1999): Girl aged 9, suffered minor injuries in a road traffic accident. Headaches persisted for a period of seven weeks. She was awarded £1,250 (£1,520).


Farrelly v Courtaulds Chemicals (1999): 36year old man sustained soft tissue injuries to his head in industrial accident. Concussion and post-traumatic syndrome of headaches was diagnosed, and the prognosis was for complete resolution within 3 -6 months. At trial he stated in evidence that the headaches had cleared up 15 months post accident. He was awarded £1,250 (£1,530).




After a consideration of both the Judicial Studies Board Guidelines and the appropriate case law on this area, I am of the opinion that Dylan can expect to receive an award for general damages in the region of £1,000 - £1,250 subject to the Court’s discretion.


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 24.01.2007

Sixth Floor Direct Dial 0161 836 6242 Extension 2642


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