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General damages award reduced on appeal due to disproportionality and lack of adherence to guidelines
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Court of Appeal allows appeal and adjusts the High Court's award for general damages in a personal injuries quantum appeal, finding the original sum disproportionate and not in line with the Personal Injuries Guidelines, in circumstances where the plaintiff, a former schoolgirl, sustained multiple injuries in a car accident, including psychiatric injury, spinal injury, dental damage, tinnitus, and scarring; and the court recalculates the damages, applying a one-third discount to the cumulative total of the non-dominant injuries to account for temporal overlap, resulting in a revised award of €55,000 in general damages, and after accounting for contributory negligence, the net award was set at €50,287.70.
personal injuries quantum appeal - Court of Appeal - High Court - Personal Injuries Guidelines - psychiatric injury - spinal injury - dental damage - tinnitus - scarring - contributory negligence - general damages - special damages - adjustment disorder - Scheuermann’s Disease - root canal treatment - orthodontic treatment - acute stress reaction - PTSD - adjustment disorder - overlap of injuries - proportionality - recalculated damages.
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