So far, season 5 of Game of Thrones has most people on the edge of their seats (especially from episode 6, which we are all still shocked about.)
Despite the compelling story lines, it is clear that one of its most controversial and memorable aspects are the horrible, yet riveting personal injuries that have been inflicted on many of the characters both beloved and hated.
The medical costs and other forms of compensation may be difficult to quantify in a fictional world like Westeros (considering it has magic and medieval level technology), yet injuries to the characters may be quantified for general damages if they were contrasted with similar injuries in real life.
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.
With the help of our office Game of Thrones fan Kris, we will take an interesting spin on the show beginning from Season 1 through the legal context of Australian personal injury law. For the purposes of this assessment, we will use the Injury Scale Values for injuries arising on or after 1/7/2014.
If you have not watched the show, then this is our spoiler alert warning. Don’t say we didn’t warn you.
Brandon Stark – Paraplegia (Injury scale value of 60-80)
The first victim on our list is Brandon Stark, a young boy who is pushed out of a tower window by Jaime Lannister after being witness to Jaime’s incestual relationship with his twin sister Cersei.
Jaime’s fall subjects him to a coma over a couple of weeks and also results in him being unable to use his legs and requiring the assistance of the fan favourite helper: Hodor.
General Damages: Bran may receive general damages compensation from $165,650 to $248,350. Our team is split between the specific ranges he would receive but we all agree that it is most likely in higher end of this scale because of his age and dependency on assistance. Another factor to consider would be his ability to participate in daily activities, including employment. (However, this is argued due to the presence of magic and the fact that some of us have read the book.)
Eddard ‘Ned’ Stark – Decapitation (Wrongful Death Claim)
*The civil law also applies to most deaths on the show, including Viserys in Season 1.*
The noble Ned Stark was a short lived favourite of some of our staff. He was publicly beheaded by Jeoffrey Lannister in front of his daughters Sansa (and arguably Arya) during the first season.
Damages: There are no general damages for a wrongful death claim and the family may only claim funeral costs with respect to Ned specifically. The beheading was not a prolonged death so there are no additional expenses that would have accrued while he was dying.
However, Ned Stark’s dependents may be able to claim loss of financial dependency (since he was a King) that would accrue up to the time the children would become financially independent (finish school, move out, etc.) For his spouse Catelyn Stark, she would be able to claim financial dependence up until the retirement age of the deceased.
The children and spouse may also claim non-financial dependency (domestic or other work the deceased used to do for the family.) Our team was split on this since a king doesn’t have to really do anything, but some concede that him taking the kids out to activities may allow some compensation under this head of damage.
Ned’s family may also be eligible for a nervous shock claim if they suffer a diagnosable psychiatric condition as a result of being witness to Ned’s death. Compensation for this would include medical costs such as medication, counseling, general damages, loss of income, etc.)
Khal Drogo – Laceration to the Chest (Injury scale value of 0-4)
The leader of the horde, Khal Drogo, is challenged by one of his raiding leaders Mago to a duel where he suffers a minor laceration to the chest.
General Damages: Assuming that there is an actual civil claim (since it was technically a consensual fight), Khal Drogo would only receive a maximum of $5,440 in general damages for his cut. This is also assuming that medical advancements today apply and he would have made a speedy recovery. In the show later on, his injury would lead to sickness, a catatonic state and his eventual euthanasia. However, for these additional conditions there are arguably other factors there that break the chain of causation (including magic) that would otherwise have led to additional liability.
Marillion the Bard – Loss of Tongue (Injury scale value of 21-45)
All poor Marillion (in the book it’s an unnamed character) did was compose a song about the death of King Robert. For that, King Jeoffrey orders that his tongue be cut out.
General Damages: Arguably for this kind of injury, Marillion may receive general damages compensation from $37,860 to $110,400 for extreme facial scarring of the mouth. The range will probably be in the upper range because of the psychological effect and its disfiguring nature. He is also relatively young (probably in his 20’s).
As a side note, Since he is a bard, a major damage would be his loss of employment income.
To be continued…
The Complexity of Calculating Damages
Calculating general damages for an injury is a difficult process and is open to much argument from both your compensation claim and the insurance company’s lawyers. These complexities should not be taken for granted because if you are unaware of the many applications of the law, you may be undervaluing your injury, or at worst, losing your right to compensation.
If you have been injured in an accident, it is highly recommended that you speak to an accredited specialist in personal injury to not only get the initial legal advice you need, but to also understand better the compensation laws and how they may result in favour of your claim.
East Coast Injury Lawyers can help you with your accident claim. We are led by accredited specialists in personal injury who also have insurance defence experience and are willing to assist you in your claim by arguing on your behalf for the ranges in the injury value scale that truly reflect your injuries.
For more information, call us today at 1300 720 544 or fill in our case review form.