Knocked down, incapacitated: Court awards William damages of GHC 4, 100, 000.00 for physical, psychological injuries

The High Court presided over by Justice Justin Kofi Dorgu has awarded general damages to the tune of Four million and a Hundred Thousand Ghana Cedis(GHC 4,100,000.00) to William Nkansah, an accident victim who is suffering from various physical and psychological injuries including brain loss.

Additionally, the court awarded an amount of Five Thousand, Two Hundred and Four Cedis, Thirty pesewas(GHC 5,204.30) as special damages for his medical expenses.

On May 24, 2018, the 30-year-old Willliam Nkansah was knocked down by an Aburi-Madina bound Toyota Hiace Bus with registration No. GN 589-18 at the Oyarifa Ghana Flag road.

Subsequently, William was admitted to the Korle bu Teaching Hospital with a severe traumatic head injury and a prolonged intensive care(ICU) admission.

The medical officer, on findings of admission, the Medical officer observed the following;

Severe traumatic head injury, Facial fractures(multiple), Parenchymal Brain-contusion and bleeding (multiple and Extensive brain swelling”

However, after one year, it was confirmed that William had developed persistent memory defects affecting more short than long-term, seizure predisposition, and imminent contusion.

He has, as a result, been restricted in a wheelchair and had to be helped by a friend. Also, he cannot articulate anything meaningful and has no possibility of the now 35-year-old man ever living any meaningful life again.

As if this is not enough, William in effect is incapable of doing anything by himself if not assisted and could only survive a little longer with frequent visits for review.

Therefore after instituting this action through his next friend against the driver of the car and the owner vicariously for negligence, the court held also in its judgment of April 11, 2022, after making a finding of fact that William is entitled to aggravated damages as compensation to continue to his medication and home care supported by his next friend and possibly a professional caregiver.

As a result, the court awarded him the general damages supra on the following heads;

One Million Ghana Cedis(1,000,000) for the pain and suffering(both physical and psychological)

One million Ghana Cedis(1,000,000) for the loss of amenities of life

One million, five hundred thousand Ghana Cedis(1,500,000) for the disfigurement, temporary and permanent disability

One Hundred Thousand Ghana Cedis(100,000) for his transport and traveling expenses

Five Hundred Thousand Ghana Cedis(500,000) for the loss of future income

A further cost of Twenty Thousand Ghana Cedis(20,000) was awarded against the defendants.

William was represented in court by Reindolf Twumasi Ankrah with Beatrice Annangfio.