JACKSON v SMITHSON (2010), 2010 WL 11664950 (2010)

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JACKSON v SMITHSON (2010)
Kemp

Date of Award/Settlement
22 November 2010

PSLA Damages
£2,800 (£3,646.91 RPI)

Total Damages
£3,261 (£4,247.35 RPI)

Kemp Classification
F Spine and ribs

Kemp Sub-classification
F1 Neck: whiplash injury: no previous condition

Award Type
Court Award

Judge
District Judge England

Court
County Court (Walsall)

Age at Injury
40

Age at Award/Settlement
41

Gender
Male

Occupation
Unemployed
The whiplash injury resolved after 12 months and the stress was acute for one month then
diminished.

Most significant injury: Whilash injury to neck and right shoulder.

Extent of injury: The whiplash injury resolved after 12 months and the stress was acute for one
month then diminished.

Total injury duration: 12 months

© 2021 Thomson Reuters. 1

JACKSON v SMITHSON (2010), 2010 WL 11664950 (2010)

J, male, unemployed, aged 40 at the date of the road traffic accident and 41 at trial, sustained a
soft tissue whiplash injury to his neck and right shoulder. Within two days he developed severe
neck pain, which improved after one week. He continued to suffer ongoing intermittent neck pain
and found sleep uncomfortable. On examination at 10 weeks, J's neck was found to be normal.
The prognosis was that symptoms would continue to cause moderate pain for a further two months
but would resolve by nine to twelve months. J was recommended to undertake approximately five
sessions of physiotherapy and did so. The judge was satisfied that there was a period of acute stress
for one month and thereafter to a diminishing degree. J was unable to participate in his hobbies of
swimming and bike riding for three months and was unable to enjoy a holiday taken two months
after the accident. Although the symptoms were ongoing at 18 months, J declined a further medical
examination and an award was made on the basis of a 12-month injury, in accordance with the
medical evidence.

General Damages: £2,800.

© 2021 Thomson Reuters. 2