Re Z Rubins-REVISED £1_250-£1_500

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					RE: ZEPH RUBINS (A MINOR) _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise the claimant Zeph Rubins 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 23rd February 2006.

2.

The accident occurred when Zeph (a five 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. Alwan dated 2nd May 2006 which sets out the injuries suffered by Zeph, and the treatment and prognosis.

The Injuries

3.

Zeph suffered a soft tissue injury to his chest and abdomen, immediate headaches, associated travel anxiety and the onset of nocturnal enueresis. At the time of his examination, Zeph was still experiencing occasional headaches, and the prognosis of Dr. Alwan was that these would settle within two months of his report. In fact, those instructing me have informed me that Zeph made a full recovery from his headaches in mid-September, giving a total recovery period of some 6 ½ months post accident. Initial travel anxiety and bed-wetting was expected to resolve at around six months

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after the accident. There is no anticipation of future deterioration resulting from the accident and Zeph is considered to have made a full recovery.

Quantum

4.

Judicial Studies Board Guidelines: Zeph’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 Zeph.

5.

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 (£1,200 today).

6.

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 (£1,500).

7.

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 (£1,500).

Conclusion

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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 Zeph can expect to receive an award for general damages in the region of £1,250 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 09.10.2006

Direct Dial 0161 836 6242 Extension 2642

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Description: personal injury opinions