Re D.Graham Opinion £500

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					RE: D GRAHAM (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise Dean Graham 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 28 h February 2006.

2.

The accident occurred when Dean (then an eleven year old boy) was a front 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. Ian Kerss dated 2nd July 2006 which sets out the injuries suffered by Dean, and the treatment and prognosis.

The Injuries

3.

Dean suffered a whiplash type soft tissue injury to his neck. For a week immediately following the accident, he was in some pain and discomfort as a direct consequence of his injury, and the prognosis of Dr. Kerss is that any residual symptoms had completely settled within this period. There is no anticipation of future deterioration resulting from the accident and he is considered to have made a full recovery.

Quantum

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Judicial Studies Board Guidelines: Dean’s injury is a standard whiplash type injury to his neck and back, with residual symptoms that resolved within a year. Therefore, this injury 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 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.

5.

C (A Child) v Singh (2003): Girl aged three (C3), suffered whiplash as a result of road traffic accident. Mild symptoms resolved in a couple of days, complete physical recovery with a week. No associated travel anxiety. She received £400 (£450 today).

6.

G (A Child) v Makowski (2004): Girl aged ten, suffered whiplash injury to spine in road traffic accident. Pain developed two days later, all symptoms settled within a week, except one minor episode of back pain. She was awarded £500 (£550).

7.

L (A Child) v Crawford (2001): Girl aged nine, sustained whiplash injury in road traffic accident. Initial symptoms acute for three days, fully resolved within a week. She was awarded £500 (£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 Dean can expect to receive an award for general damages in the region of £500, subject to the Court’s discretion.

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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 21.7.2006

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

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Description: personal injury opinions