The High Court awarded a woman €493,786 in damages after finding that injuries sustained in a 2013 road traffic collision left her unable to return to the physically demanding care work she had done before the crash.
In a judgment delivered on 4 November 2016, Mr Justice Cross assessed damages in the case after liability issues between the defendants had been resolved. The judgment states that the case had proceeded as an assessment of damages from the plaintiff’s perspective; it does not set out a liability finding in this damages assessment.
The plaintiff was travelling near Dromre West, County Sligo, on 12 January 2013, when a vehicle driven by the second defendant collided with her. The judgment describes severe injuries, including fractures to her right hip and pelvis and lumbar spine, liver lacerations and an injury to the inferior vena cava. She underwent two operations and was left with ongoing right hip pain, permanent scarring and psychological symptoms diagnosed as post-traumatic stress disorder. The judge said her psychological prognosis was good, though symptoms had improved rather than fully resolved.
Before the collision, the plaintiff worked as a carer for Cheshire Homes, undertaking heavy physical duties. She tried to return in January 2014 but stopped after a few days. By February 2016 she was working part time in England in a lighter care role. The judge accepted that, absent the collision, she would have continued working at Cheshire Homes and earning at least €799 gross a week. For future loss, he accepted an estimate of €191 a week to age 68, allowing for the possibility she would have moved to England with her husband.
The award comprised €68,786 in agreed special damages, €100,000 for past loss of earnings, €175,000 for future loss of earnings, €100,000 for pain and suffering to the date of judgment, and €50,000 for future pain and suffering. The judge said he had considered the award as a whole and found it fair compensation. The judgment does not state a separate order on costs.