High Court awards general damages of €35,000 for psychological injuries of a school girl involved in a road traffic accident, with an uplift of €25,000 for a scar and multiple other physical injuries, having regard to the severity of the post-traumatic stress disorder in the pas,t and the fact that its effects have caused educational disadvantage which could adversely affect her performance in the Leaving Certificate and beyond.
Personal injury – assessment of damages only – special damages agreed – plaintiff is a minor – general damages for pain and suffering to date and into the future – road traffic accident – diagnosed with post-traumatic stress disorder – sustained multiple physical injuries – visible scar on her left thigh – Personal Injuries Guidelines apply – dominant injury – may depart from the guidelines but must state reasons for doing so – procedures the trial judge must have regard to when considering the effect of multiple injuries on the level of damages to be awarded – uplift to ensure the plaintiff is fairly and justly compensated - dominant injury was her psychological reaction to the trauma – PTSD was severely disabling until it began to settle with counselling and family support – no longer significantly disabled – past effects continue to be potentially serious – demotivated in school and loss of study habits – injury is classifiable as Moderate PTSD – taking into account the severity in the past and education disadvantage caused to date – placed at the very top of the applicable damages bracket for Moderate PTSD – value of €35,000 – further uplift of €25,000 for the scar and the plaintiff’s other physical injuries.