Whiplash Injury Damages Appeal

In a rear-end collision caused by the defendant, the plaintiff sustained a whiplash injury resulting in chronic neck pain, headaches, fatigue, neuropsychiatric issues, and a 50% reduction in earning capacity, leading to a lower court awarding Fr. 75,000 in non-pecuniary damages, which the appellate court reduced to Fr. 50,000. The court reasoned that the assessment of damages is discretionary, based on the severity and duration of the injury's impact, the degree of mutual fault (noting the defendant's minor fault reflected in a small fine), and the specific circumstances, ultimately finding Fr. 50,000 to be appropriate jurisprudence for the sustained chronic complaints following the relatively low-intensity accident.