Marriage Breakdown And Personal Injury Damages

November 5, 2012

Healthy Life

Marriage Breakdown And Personal Injury Damages

Marriage Breakdown And Personal Injury Damages

Lloyd Green of Lloyd Green Solicitors explains how a combination of different factors impacting on a personal injury claim for stress can make the issue of long term losses highly complex.

We could all be forgiven for thinking that personal injury cases are all straightforward based on the marketing messages on tv and radio, but in reality, many cases are complex, and not just on the issue of legal liability, but also on the value of damages.

When it comes to damages, there are 2 issues which can be problematic, being :-

Was the type of loss which has been sustained reasonably foreseeable

Has there been an intervening act which constitutes an act which breaks the liability entitlement

A recent case highlights the potential difficulties of the second type of potential problem detailed above.

In the case in question, Brown v Richmond upon Thames LBC, Mr Brown had been employed by the Defendant Council virtually the whole of his working career. Due to cuts and reorganisations, his workload become so severe that he developed mental health problems. Some 2 months after having a  breakdown, Mr Brown’s marriage collapsed and subsequently he was certified as permanently unfit for work.

The breakdown in marriage was considered a major factor in the claimant being unable to work in the future and in the County Court, the Judge awarded general damages of ?25,000 on the basis that loss of earnings was cut off at the time of the breakdown in the marriage which the Judge decided was the main cause of the ultimate mental health breakdown of the claimant.

The Appeal Court found that the judge had not was incorrect in having not adequately considered that the marriage breakdown was significantly linked to the work related stress and this was reflected in the expert evidence which referred to the “compounding effect” of the marital breakdown. The case was remitted for further judicial consideration of the impact of the claimant’s marital breakdown on his damages for loss of earnings.

 

Marriage Breakdown And Personal Injury Damages


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