Motor Vehicle Accident Injuries: when “minor” impact doesn’t mean “minor” injury.

Involvement in any car accident can be a traumatic and painful experience. No matter how “minor” the impact or how minimal the damage is to the vehicles, you can still suffer painful and serious injuries (both physical and psychological) as a result of a collision and be entitled to recover compensation.

The Supreme Court of Queensland handed down a decision earlier this year acknowledging that a “minor” impact does not necessarily mean that you can only have suffered minor injuries. As is always the case, each case will be decided on the facts specific to that case.

Case review of Murphy v Turner-Jones & Anor [2022] QSC 40

In this case, the Plaintiff, was driving his taxi when he was hit from behind by another vehicle.

Justice Crow accepted that the accident was “a very low speed, minor impact accident, with minimal damage to both vehicles”. However, His Honour went on to say that the fact the impact was minor does not necessarily mean the Plaintiff had not “suffered from a high level of symptoms of neck or spinal injury”.

Justice Crow accepted that the Plaintiff was a credible witness and held that his genuine reporting of pain symptoms following the accident could not be disregarded purely because of the minor nature of the impact.

The Court recognised the significant impact the accident had had on the Plaintiff and awarded him $200,776.07 in compensation, broken down into the following heads of damage:

-       General Damages (pain and suffering): $16,150.00

-       Past Loss of earnings: $59,675.00

-       Future loss of earnings: $107,786.00

-       Medical expenses: $17,165.07

Employment and pre-existing conditions

The Plaintiff had a history of mental health illness as well as hypertension and diabetes. In terms of his employment, the Plaintiff was in receipt of part of a disability pension between approximately 2005 and 2014. Between approximately 2014 and 2016 the Plaintiff worked as a retail employee for Coles Supermarket. He then left Coles and began to further develop his taxi business.

The Court found that the Plaintiff’s neck injury had diminished his future earning capacity by 50% and although he was in “relatively good health prior to the accident”, a discount of 35% was imposed for the uncertainties caused by his pre-existing mental health condition.

Expert evidence

An MRI scan of the Plaintiff’s cervical spine failed to show “any significant organic pathology” which would explain the ongoing very high level of pain and disability he was suffering from.

Dr Prue Fitzpatrick, Orthopaedic Surgeon, concluded that the Plaintiff was suffering from a pain syndrome and categorised the cervical spine injury as a diagnosis related estimate (DRE) Category 1 with 0% whole person impairment.

Dr Don Todman, Neurologist, reached a difference opinion and diagnosed a post-whiplash syndrome which he categorised as a DRE 2 with 7% whole person impairment.

Justice Crow did not support Dr Todman’s categorisation of the injury under DRE 2 as it was done on the basis that there were no physical symptoms to explain the pain, and it relied only on the Plaintiff’s own reporting of his pain.

Justice Crow observed that, “The difficulty with such an approach is that it elevates a patient’s subjective complaints of pain over the expert’s findings on examination,”

His Honour further observed that, “If that approach were correct, then expert orthopaedic surgeons, neurosurgeons, and neurologists need not examine a patient before forming an opinion, as emphasis is placed upon what a patient complains of rather than what is demonstrated”.

Justice Crow ultimately preferred Dr Fitzpatrick’s expert opinion that the Plaintiff had suffered from a pain syndrome, as opposed to pain as a consequence from any organic whiplash injury.

The take-away

The Courts are prepared to accept that it is possible to suffer significant injuries in a motor vehicle accident that was low speed and only caused minor damage to the vehicles involved. No matter how minor the impact may seem, if you have suffered an injury as a result of a collision, you may be entitled to claim compensation.

For further assistance

If you’ve been involved in a motor vehicle accident and need advice regarding your legal rights and time limits applying to your claim, call the team at Southside Legal to arrange an obligation free consultation.