Tony Smyth who sustained significant personal injuries in an accident at work on the 6th of October 2008 has been awarded damages of €526,695 by the High Court.
Mr Smyth sustained a fracture of his left elbow in the accident but subsequently developed ulnar nerve compression. To treat this injury he had to undergo an ulnar nerve decompression and transposition of his nerve. Mr Smyth also developed left neck and left shoulder pain in his upper arm and numbness of his left hand. Medication was of little help to him.
Mr Smyth was referred to a Pain Specialist who diagnosed a Complex Regional Pain Syndrome (CRPS). He was prescribed a course of injections and has been recommended a spinal cord stimulator (SCS).
Mr Justice Hedigan in delivering Judgement considered the Plaintiff to be a poor victim of the kind of injury he sustained. He struck Judge Hedigan as a completely honest man who had dealt with his unfortunate problems with great fortitude.
Mr Smyth worked in the Construction Industry as a semi-skilled Engineer before the accident and earned just under €50,000 per annum. His future employment prospects were poor as a result of his injuries.
Judge Hedigan remarked “the Plaintiffs positive philosophy has been a great credit to him and this was most impressive throughout the Hearing. He has met his problems with great fortitude and good grace. He has suffered very considerably since the accident and regretfully, will suffer more pain and difficulty for the rest of his life”.
The Judge went on to award damages as follows:
● Agreed special damages to date €42,500
● Future medication €39,237.00
● SCS replacement x 2 €35,000.80
● Future GP visits €2,378.00
● Loss of Earnings €258,500.00
● Pain and suffering €150,000
The total award therefore was €526,695.
Commenting on the Judgement Liam Moloney, Personal Injury Solicitor in Naas Co. Kildare said “this is a considerable award which shows that while initially an injury can seem minor the subsequent problems that this Plaintiff suffered became quite serious and have had a dramatic effect on his life. The case shows the importance of ensuring that detailed medical reports are obtained from treating Specialist Surgeons to properly present a Plaintiffs case. In this case Mr Smyth had the assistance of a Neurologist, Pain Specialist, Vocational Consultant and Actuary to assist the Court in formulating the appropriate award of damages. In any case where there is a risk that an injured Plaintiff may not be able to return to work or if his employment prospects are restricted then this has to be claimed for as an item of future loss as part of a case”.
If you have suffered a personal injury in an accident at work, road traffic accident or accident in a public place Liam Moloney, Solicitor has many years’ experience in dealing with high value claims. Please feel free to download the attached personal injury fact sheet and return it to our offices and we will revert to you by return to help guide you through the process of securing proper compensation for your injuries.
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