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Whiplash injury case study

The claimant, a 21-year-old man, received £1,040 after he sustained a whiplash injury to his back and injured his neck in a road traffic accident in November 2005. He recovered from the neck injury three days after the accident and the back injury resolved within three weeks.

Claimant: Male: 17 years old at date of accident; 21 years old at date of award.

Road Traffic: On November 15, 2005, the claimant (C) was driving his car when it was struck by a car, insured by the defendant (D), at a junction controlled by traffic lights.

C sustained injury and brought an action against D alleging that the driver of the vehicle was negligent in failing to stop at a red light but driving across the junction and colliding with the side of C’s passing car.

Liability admitted.

Injuries: C sustained a whiplash injury to his back and injured his neck.

Effects: C experienced a small amount of discomfort in his neck for three days after the accident. Approximately one week after the accident he began to suffer back pain. That pain resolved within three weeks.

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Court Award: £1,040 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,000.

Breakdown of Special Damages: Past miscellaneous expenses: £40.