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Road Traffic Crash Passenger Compensation Settlement of €26,000 approved for Boy (15)

A 15-year old boy has been awarded €26,000 car crash passenger compensation in relation to the injuries he sustained in a road traffic accident in 2017.

The boy, 15-year-old Abdul-Malik Zubayraev, may have made him more susceptible to the effect of psychological injuries due to his family’s history associated with the Chechnya-Russia conflict had his €26,000 damages settlement approved in the Circuit Civil Court.

Abdul-Malik – who was represented in court by Mr David Kearney, has an address at Mayfield Park, Clondalkin, Dublin. Mr Kearney, who appeared with HJ Ward Solicitors for the boy, advised the court Abdul-Malik had been involved in a road traffic accident that occurred during November 2017. He added that Abdul-Malik immediately thought that he friend who was also involved in the crash, has been killed. However it turned out that he had just been knocked unconscious in the collision.

The crash occurred when the family car that he was travelling in was struck by another car during an overtaking manoeuvre. Abdul-Malik has been seating the rear of the family car.  In addition to neck and lower-back injuries, which have now been  resolved, the court was told that the boy had afterwards suffered with persistent post-traumatic stress disorder. Mr Kearney informed presiding Judge John O’Connor that the boy was very susceptible to suffering psychological trauma as, during the Chechen-Russian conflict conflict, the family had experienced much trauma when the boy’s older brother had been abducted for a long period of time.

The boy’s mother Ruana Zubayraev, through Mr Kearney told Judge O’Connor  that they had not been happy with the €26,000 settlement offer as she did not believe it reflected the extent of her son’s injuries. Since the crash occurred Abdul-Malik had undergone surgery in Russia to resolve a knee injury. However which medical experts had been unable to make a connection between this injury and the Dublin car accident. The ruling from experts was that this particular injury was more that likely caused by a twisting motion during sport.

However, according to Mr Kearney, if it had been found that the knee damage was a result of the car accident then the settlement figure would have been much higher.

Addressing the concerns of the boy’s mother, Judge O’Connor said that he understood the issues that she held. However, he added that unless she was able to produce independent evidence of the boy’s knee injury being due to the car accident she was not going to be able to sustain a case in court. Judge O’Connor also said that he would have been happy to reject the €26,000 offer if he considered it was not good enough. Due to this, Mr Kearney informed the court that she, the boy’s mother, was prepared to accept it given the safeguards provided by the court hearing.