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Heavy machine driver awarded €75,000 for persistent back pain and loss of opportunity
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The High Court awarded €75,000 in general damages to a heavy machine driver for persistent back pain and sciatica resulting from a rear-end vehicle collision. The court found that while pre-existing degenerative changes in the plaintiff's lumbar spine were present, the accident significantly exacerbated his condition, leading to ongoing symptoms. The court rejected the argument that the plaintiff failed to mitigate his losses by not undergoing an epidural injection, considering his morbid fear of needles and the lack of evidence on the specific benefits and risks of the procedure for him. Additionally, the court recognized a loss of opportunity for the plaintiff, who is now at a competitive disadvantage in the labor market due to his injuries, and awarded an additional €15,000 for this loss.
Personal injuries - assessment of damages - loss of opportunity.
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