If you have not done so already, check out our compensation analysis of injuries in Season 1,Season 2 and Season 3.
Continuing from our previous post, here are our general compensation estimates for injuries inflicted by our beloved, hated and unknown Game of Thrones characters in Seasons 2 and 3. For the purposes of this assessment, we will use the Injury Scale Values for injuries arising on or after 1/7/2014.
It is important to note for this article that the figures do not provide a completely accurate overview of the total compensation these characters would be due when considering the impact of the injuries on their regular lives. These amounts are hypothetical in nature and do not consider other specific damages such as medical costs, wage losses, impact on leisure activities, etc. These other heads of damages are important to consider and would also form as a part of any claim for compensation.
If you have not watched the show, then this is our spoiler alert warning. Don’t say we didn’t warn you.
Lannister Soldier – Dagger through the Right Hand (Injury Scale Value of 16 to 30)
This situation involves another of Kris’ favourite characters, Prince Oberyn, who seeks vengeance on The Mountain for the rape and death of his sister. In an altercation with a Lannister soldier, Oberyn stabs the soldier in his right hand with a dagger when the soldier attempts to grab his sword.
Our office was split between the severity of this injury, which could range from moderate to serious. However, the consensus tends to favour a more serious injury because the stab was a very powerful dropping motion and the wound was closer to the wrist area, which is full of sensitive tendons, bones and ligaments that could be permanently damaged by the blow.Since the soldier reached for the sword with his right hand, we can also infer that this was his dominant hand as well.
Thus, the soldier may receive compensation from $8,440 to $61,400. To determine whether the compensation would be at the higher end of this range, we must determine if the injury causes a “whole person impairment” (WPI) of 20%. However, none of us are doctors so this is where we unfortunately had to end our assessment.
Olly – Mental Disorder (Injury Scale Value of 2-10)
In a disconcerting scene, a small village is raided by Tormund Giantsbane and Olly witnesses the death of his parents. Afterwards, he is captured and approached by the cannibal Styr who holds a knife to his throat and tells Olly that Styr is going to eat his dead parents and orders Olly to tell the men of the Night’s Watch what happened in his village.
For the sake of argument, our office agreed that poor Olly must have suffered some psychiatric impairment due to the traumatic experience he faced.
The nature of his psychiatric impairment is determined by the Psychiatric Impairment Rating Scale (PIRS). Based on this, we have assessed that he would have had a class 2 mild impairment with a percentage impairment range between 4% and 10% (just for the sake of argument only. In reality, a doctor would make this determination.)
Later, he shows an ability to live independently, though needs to be cared for by Jon Snow occasionally (we can assume that he may need assistance with hygiene or feeding at times.) He is capable of fighting off the Wildlings and shows relatively stable emotional stability as the show progresses.
A moderate mental disorder would attract general damages between $2,720 and $15,000. Besides the PIRS to be determined by a doctor we would also look at the degree of insight available to Olly, as well as his young age and arguably long (by Westeros standards) life expectancy. The pain and suffering he endured would be significant and extreme psychological trauma. Later, he would be cared for by Jon Snow so he wouldn’t have lost many life amenities. We were all split on whether there was a strong likelihood that the difficulties would have emerged in any event (based on the crazy world of Westeros) but at the end, we would still estimate that his compensation would fall under the higher range of this scale.
Prince Oberyn – Loss of Teeth, Gouging of Eyes & Death
Even though Oberyn’s death would most likely be a wrongful death claim (though technically, it was a consensual duel), it is noteworthy to assess his injuries separately.
When everyone thought that Oberyn would succeed in his duel against The Mountain, we all were shocked to see Oberyn suddenly being knocked to the ground followed by a strike to the face that removed most of his teeth, the gouging of both of his eyes, and his eventual death when The Mountain crushes his skull.
The loss of 3 or more teeth would attract general damages compensation from an Injury Scale Value of 6 to 10. This means that Oberyn would most likely receive $8,440 to $15,000 for pain and suffering in losing his teeth. Considering the nature of the injury, most of us agree that the range would be in the higher end due to the extent and degree of discomfort for treatment (if possible) and his extreme difficulty with eating.
The total loss of both of his eyes ranks as one of the most devastating injuries with ISV ranges of 90-100. Thus, he would receive between $293,350 and $341,050 in general damages. Most likely, this would be in the higher range given his relatively young age and the degree of insight.
Similar to Ned Stark, there are no general damages for a wrongful death claim. However, Oberyn’s dependents, namely his de-facto partner Ellaria Sand, may claim loss of dependency until Oberyn’s retirement age. We don’t know all of the ages of his children, but they could also make a loss of dependency claim until they reach an age of independence (finish school, move out, etc.).
Ellaria may also make a nervous shock claim if she suffered a psychiatric condition from watching Oberyn die. This would include medical costs, counselling expenses, loss of income, general damages, etc.
Check our blog for when we assess the injuries of Season 5.
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