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High Court assesses damages for personal injuries arising from road traffic accident at €50,000 for pain and suffering to date and €30,000 for pain and suffering into the future; and special damages were agreed in the sum of €2,067 giving a total award of €82,067
Personal injuries – assessment of damages - road traffic accident – assessment only - special damages were agreed in the sum of € 2067 - no relevant pre accident medical history of injury or illness - suffered physical and psychological injuries - Post Traumatic Stress Disorder - extent of the physical injuries – defendant argued that plaintiff had advanced pre accident generalised osteoarthritis particularly affecting his hips, neck, back and elbows, a disease which is progressive and responsible for any ongoing symptoms – argued the ongoing symptomology was not causally related to the accident - accident had rendered symptomatic what was otherwise a quiescent underlying condition - onus of proof – injuries – Court satisfied that the Plaintiff has discharged the onus of proof to establish his case on the balance of probability, accordingly, the physical injuries to the Plaintiff’s neck, lower back and elbows and were caused by the accident – assessment of damages - Book of Quantum - pain and suffering to date commensurate with and proportionate to the injuries sustained is €50,000 - pain and suffering into the future a sum of €30,000 - special damages agreed in the sum of €2,067 - total award of €82,067.
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