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The High Court awarded the plaintiff €37,500 in general damages and €1,300 in special damages for a moderate whiplash injury sustained in a road traffic accident. Initially, the plaintiff experienced left-sided symptoms, which resolved within two years. The plaintiff underwent surgery for right-sided symptoms, which he attributed to the accident. However, the court found that the right-sided symptoms and subsequent surgery were not caused by the accident, as there was no temporal association between the accident and the onset of these symptoms. Consequently, costs related to the surgery and anticipated future surgery were not recoverable.
Whiplash injury, road traffic accident, general damages, special damages, left-sided symptoms, right-sided symptoms, surgery, causation, temporal association, pre-existing condition, moderate injury, exacerbation, vulnerability, recovery period, physiotherapy, medical reports, litigant in person, McKenzie friend, balance of probabilities, Book of Quantum, Civil Liability and Courts Act 2004, proportionate damages.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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