Posted: March 16th, 2017
A woman has been awarded compensation for an injury in a taxi accident, with her status as a musician causing the judge to cite the case as an “exceptional” one.
In March 2012, a woman from Ardnacrusha in County Clare was a passenger in a taxi when it was rear-ended on Wexford Street in Dublin by another taxi. Due to the force of the collision, the woman suffered pain in her neck and right shoulder. She sought medical attention as a result of the accident and was prescribed painkillers for her injury by her GP.
After seeking legal counsel, the woman applied to the Injuries Board for an assessment of her claim. The negligent taxi driver accepted liability for causing the accident and her injuries. However, the amount of the assessment which was initially offered by the negligent party was rejected by the woman, who claimed the proposed settlement of compensation for an injury in a taxi accident did not reflect the full consequences of her injury.
Due to her request for more compensation, the Injuries Board issued an authorisation for the woman to pursue her claim in court. The case was heard at the Circuit Civil Court in Dublin by Mr Justice Raymond Groarke. The judge was informed that the pain in her right shoulder prevented the woman from practising the violin for several hours a day. However, he was also told by the defendant´s insurance company that her injury was unrelated to the accident, as the collision between the two taxis had been “insignificant” to cause the injuries claimed.
Judge Groarke admitted that the medical evidence in the case was “very conflicting” and that on the balance of probabilities the woman would likely made a full recovery from her injury. However, while concluding that the injuries from the accident were “not particularly serious”, the judge acknowledged that the woman needed a perfect shoulder to practise her violin. The woman was described as a “talented musician” in court, and as such it was an exceptional case.
Judge Groarke awarded the woman €25,000 compensation for an injury in a taxi accident, stating he accepted the plaintiff´s belief that the discomfort she suffers is related to the accident between the two taxis.