The High Court awarded €530,860 in damages to a woman who continued to suffer pain after a road traffic accident, with liability already conceded by the defendants. The case proceeded solely to assess damages.
In a judgment delivered on 12 January 2018, Ms Justice Reynolds said the plaintiff was stationary in traffic on 14 June 2014 when a car driven by the second defendant rear-ended her vehicle. The plaintiff’s car seat broke and the vehicle was written off.
She sustained soft-tissue injuries to her neck, back and knee, which resolved within months. The more serious injury was to her coccyx, and she later developed coccyxdynia. The judgment records that she remained in constant pain around three and a half years after the crash. Her evidence that she was suffering was unchallenged.
The plaintiff underwent three procedures under anaesthetic and received two injections in attempts to relieve the pain. A spinal surgeon considered surgery an option, but it was not recommended at that time because of the risk of double incontinence. The plaintiff said she might reconsider surgery in the future. The judge found it likely that pain and discomfort would continue in the short to medium term, while equipment and services could help her manage symptoms and return to some pre-accident activities.
The judgment said the injury curtailed the plaintiff’s daily activities and marital relations. Her work as a secretary required six or seven hours of sedentary work a day, five days a week. She had not returned to that job, and her GP could not certify her fit to work. The judge considered that she could return to employment with aids and appliances, likely on a part-time basis and in work that was not sedentary.
The award comprised €120,000 for pain and suffering to date and €30,000 for future pain and suffering. The court also awarded €70,860 for past losses, including interest under the Courts Act; €250,000 for future losses; €20,000 for future medication and treatment costs; and €40,000 for aids and appliances. The future-loss figure included a small deduction in light of Reddy v Bates. The judgment states the total award was €530,860.
The decision assessed damages only. It did not revisit liability, which the defendants had conceded.