Damages & Restitution - Road Traffic Accident - Impact of injuries - Nature and extent of elbow injury - Psychological impact 

Facts: The plaintiff brought an action to recover damages against the defendant for sustaining personal injuries and loss arising out of a road traffic accident. The defendant had admitted the liability for the accident and the issue now remained to assess the quantum of damages.
Held: Mr. Justice Bernard J. Barton awarded damages for pain and suffering along with future pain and suffering in addition to the agreed special damages to the plaintiff. The Court considered the impact of the left-elbow injury sustained by the plaintiff on her activities of daily life and her adaption to that. The Court, however, refused to consider the evidence that the plaintiff had suffered from post-traumatic stress disorder. The Court noted that the plaintiff did suffer from stress and anxiety, and observed that with the counselling and prescribed line of treatment, the plaintiff’s condition would improve and resolve eventually. 
Shortall, Elaine v Acton, Tara
18/1/2017 No. 2015/9417 P [2017] IEHC 24