Consistency in reporting symptoms is crucial to the success of motor-vehicle accident claims. The recent case of Jaksa v Sweeny [2024] QDC highlights the significant impact inconsistent evidence can have on the damages awarded in a personal injury case.
Jaksa v Sweeny Background: Rear-End Collision & Claim Dispute
Ms Jaksa was injured in a rear-end collision on 25 March 2021 while stationary in traffic on Caloundra Road. The first defendant, Mr Sweeny, was found to be negligent in causing the accident. His insurer, the second defendant, accepted liability for a cervical spine (neck) injury sustained by Ms Jaksa. However, the insurer disputed her claim that she had also suffered a right shoulder injury due to the crash. Ms Jaksa claimed nearly $850,000 in damages, though she acknowledged that the District Court’s monetary limits would reduce any final award. On the other hand, the insurer contended that her damages should be limited to approximately $96,500. The court ultimately found that Ms Jaksa had not proven, on the balance of probabilities, that she suffered from a right shoulder injury to the extent she claimed. This significantly reduced her damages award to $148,826.49.
The Importance of Consistency in Symptoms
A key issue in this case was the inconsistency in Ms Jaksa’s evidence regarding her symptoms. The court found that her reports of the severity and persistence of her right shoulder symptoms over the years following the accident were unreliable. This inconsistency led the court to reject her claim that the shoulder injury was as serious as she alleged. This case underscores a critical lesson for personal injury claimants’ that consistency in symptom reporting is essential.
When seeking compensation, claimants must ensure that they provide accurate and consistent descriptions of their injuries to medical practitioners, insurers, and the court.
The Undoing of Ms Jaksa’s claim for a right shoulder injury
Medical Records and Expert Evidence –
Courts heavily rely on medical records and expert testimony to assess the severity of an injury. If a claimant reports fluctuating symptoms or fails to mention key symptoms at medical appointments, doctors may not be able to support the claim fully. In Jaksa v Sweeny, the court was not satisfied that the medical evidence supported the claimant’s allegations regarding her right shoulder injury.
Social Media and Credibility Issues –
A claimant’s credibility is crucial in a personal injury case. If inconsistencies emerge in the behaviour of a claimant on social media, a court may doubt the overall reliability of the claimant’s evidence. In this case, the court did not accept Ms Jaksa’s evidence about the consistency and severity of her shoulder symptoms, and considered a number of social media posts including:
- A video of Ms Jaksa at a staff Christmas party doing the splits and lifting drinks with her right arm;
- A video of Ms Jaksa at a Red Hot Chilli Peppers concert in Brisbane;
- Photographs of Ms Jaksa on holiday in the Whitsundays holding the brim of her hat with a raised right shoulder; and
- A video taken of Ms Jaksa falling on the ocean in the Whitsundays.
All of these images were taken from various online social media sites and were used to undermine the claimant’s claim of a right shoulder injury.
Impact on Damages
Even though Ms Jaksa was ultimately successful in her claim, the difference between the amount Ms Jaksa sought (almost $850,000) and what the Court considered appropriate ($148, 826.49) demonstrates how crucial it is to prove injuries convincingly.
Summary
The case of Jaksa v Sweeny serves as a strong reminder that personal injury claimants must be consistent in reporting their symptoms. Courts rely on clear, reliable evidence to determine the extent of injuries and award damages accordingly. Any discrepancies in symptom reporting can significantly reduce the amount of compensation received.
If you have been injured in an accident, seeking legal advice early and maintaining consistent medical records is essential. As experienced personal injury lawyers, we can guide you through the process to ensure your claim is as strong as possible
If you have any queries regarding the article, please contact via Free Claim Checker or email us.
