A twelve-year-old girl has been awarded €60,000 in damages at the Circuit Civil Court following a crash that caused injuries to her neck and back more than four years ago.
The court heard how the girl, seven at the time, was sitting in the back of a stationary car in Malahide, Dublin, when it was suddenly rear-ended. A wheelchair lift had been installed in the car which the young girl was sitting in when the accident occurred. Counsel for the complainant described how the impact of the collision had caused the lift to be propelled forward, hitting the headrest on the victim’s seat from behind.
Although the girl did not require immediate medical attention, it was claimed that she later experienced nausea and headaches. When she visited her doctor in July 2015, a month after the incident, it was discovered that she had had suffered soft tissue injuries to her neck and upper back as a result of the collision.
She was prescribed paracetamol and Neurofen, complaining that while she had felt pain all over, it was particularly bad in her head.
Mild Concussion
Upon seeing a consultant paediatric neurologist on May 9th, 2018, it was determined that the girl had suffered a mild concussion, and had possibly been experiencing post-traumatic headaches in the form of chronic daily migraine following the incident three years prior. The consultant posited she would likely experience these headaches for another two to three years.
Settlement
Although sums of €45,000 and €50,000 had been offered previously, these amounts were not approved.
Counsel for the complainant said given the improvement that her client had made, she had been happy to recommend the offer of €60,000 from the defendant.
This offer was approved by Judge John O’Connor.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.