Posted: December 5th, 2016
A judge at the Limerick Circuit Court has awarded a plaintiff €10,000 compensation for exacerbating whiplash symptoms sustained in previous accidents.
In March 2015, the plaintiff – – a thirty-eight year old father of two from Rhebogue in County Limerick – was waiting at a junction by the Thomond Bridge in Limerick when his employer´s work van was struck from behind by a hit-and-run driver. While the plaintiff was reporting the accident to his employer, the negligent driver sped off – hitting the wall in his rush to leave the scene of the accident.
The plaintiff attended his GP´s surgery the following day complaining of aggravating existing neck, shoulder and lower back injuries – injuries he had sustained in several previous road traffic accidents. He also complained of suffering psychological problems as a result of the accident, and is receiving injections to manage his physical injuries.
When the negligent driver responsible for causing the accident had been located, the plaintiff claimed compensation for exacerbating whiplash injuries. However, the negligent driver´s insurance company refused to give its consent for the Injuries Board to conduct an assessment, and the plaintiff was given an authorisation to claim compensation for exacerbating whiplash injuries through the court system.
The case was heard last week at Limerick Circuit Court, where legal representatives for Liberty Insurance – the negligent driver´s insurance company – told Judge James O´Donohue that the plaintiff had made many similar claims in the past. The representatives read out a long list of previous successful injury compensation claims stretching back almost twenty years – including five in which a road traffic accident had exacerbated previous whiplash symptoms.
The judge was also told that the plaintiff was receiving disability benefits for his existing injuries, and was only allowed to work a certain number of hours each week. Commenting that the plaintiff had been “well compensated in the past”, Judge O´Donohue awarded him €10,000 compensation for exacerbating whiplash symptoms and his costs – describing the plaintiff as a “very unfortunate injury prone individual”.