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With 2 episodes left in Season 5, it is hard to imagine what is going to happen next in Westeros. If you have not done so already, check out our compensation analysis of injuries in Season 1,Season 2Season 3 and Season 4.

The injury picks for Season 5 were pretty tough considering that none of us knew what was going to happen in the last two episodes “The Dance of Dragons” and “Mother’s Mercy.” However, we decided to go ahead and later on write something separate about those two episodes. So stay tuned to our blog.

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.

*This is your Spoiler Warning.*

Tyrion Lannister – Knocked Out (Injury Scale Value of 0-5)

Jorah Mormont takes Tyrion prisoner on a fishing boat. Tyrion is able to deduce the identity of his captor, as well as his intention to bring Tyrion to Daenerys. However, when Tyrion attempts to prod more into why he is being brought to Daenerys, Jorah strikes him in the face to knock him out.

For a minor injury that results in a concussion with transitory loss of consciousness, Tyrion may be compensated for an amount between $0 and $6,800. However, in his situation where would not be any brain damage (or minimal at most), no residual effects from the strike, and he would most likely recover within a few weeks. His compensation would probably end up in the lower range of this scale (maybe maximum $2,720) considering that he probably would have to deal with a fairly bad headache but otherwise, there would be little after effects and a very high chance of a full recovery.

Greyworm & Barristan Selma – Multiple Stabs (Wrongful Death for Barristan Slema, TBA for Greyworm)

In an exciting battle against an overwhelming number of warriors from the Sons of the Harpy, Greyworm and Barristan Selma manage to defeat them all before succumbing to multiple stab wounds from swords and daggers. Greyworm manages to survive but unfortunately, Barristan Selma dies.

Barristan Slema’s family would make a wrongful death claim similar to Ned and Oberyn. Considering that he technically did not die right away, part of his family’s compensation may include the expenses taken to try to keep him alive.

Quite simply, we have not received enough information for Greyworm and the extent of his injuries. Our team was split on the extent of his internal organ damage, which could greatly affect the amount of compensation he would receive.

Sansa Stark – Rape (Criminal Compensation)

In one of the most shocking episodes of Season 5, Sansa is married to Ramsay Bolton. After the marriage, she is raped by Ramsay, who also forces Reek (aka Theon Greyjoy) to watch the whole event.

Of course, Sansa would be entitled to take civil action against Ramsay for his crime. General damages would be assessed based on the physical and psychological injuries that were inflicted upon her. However, we were unable to ascertain the extent of the damage just from watching the episode.

In Queensland however, her situation also brings up the possibility of victim assistance under the Victims of Crime Assistance Act 2009. For sexual offences, the injuries relevant under this Act also include: sense of violation, reduced self-worth, reduced physical immunity, increased feelings of insecurity or adverse effects from others (how other people would respond to Sansa after she was raped). Our team inferred that it is reasonable to expect that she would have suffered at least some of these impacts from her sexual assault.

As the primary victim to the offence, she may be eligible for assistance of up to $75,000 as well as $500 for legal costs in applying for assistance under the Act. This amount will be quantified as compensation for counseling expenses, medical expenses, travel expenses or report expenses incurred or reasonably likely to be incurred. She may also claim the expenses of the clothing she was wearing when the act of violence happened.

Though inapplicable to Sansa, a victim under this Act may also be compensated for loss of earnings up to $20,000 (important to note, but for Sansa as a member of royalty, we all agree that she doesn’t actually work for a living.) Exceptional circumstances such as relocation expenses or the cost of securing the victim’s residence or business and other special assistance in relation to the act of violence may also be compensable to a victim of crime.

Reek could also make his own criminal compensation claim and may be eligible for up to $50,000 as a witness secondary victim (though he would most likely make his own criminal compensation claim as a primary victim for everything Ramsay did to him in previous Seasons.)

It is important to note that Ramsay must actually be convicted of the crime before his victims can claim this compensation from the State (which is why we’re glad to be living in Queensland as opposed to Westeros because they let everything happen over there.)

Assuming Ramsay would have been convicted for his crime, a recommended course of action for Sansa would be to make a claim for both criminal compensation and personal injury damages. Once it is established that Ramsay is able to pay for the damages of the personal injury claim then you would dismiss the government compensation claim and proceed only in the personal injury claim.

The reason is because government criminal compensation will reduce the personal injury damages to take into the account the fact that Sansa has already been partially compensated through the government. It is also an easier legal test to meet for a personal injury claim as opposed to a criminal compensation claim.

With the last two episodes of Season 5 coming up, our office has been waiting excitedly to see how this season ends. Stay tuned to our blog for more interesting personal injury analysis of our favourite Game of Thrones characters once “The Dance of Dragons” and “Mother’s Mercy” airs.

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