Category: Car Accident Claims

When a driver or passenger suffers an avoidable injury due to the negligence of another road user, the injured party is entitled to make car accident claims for compensation. Claiming compensation for a car accident can often be a traumatic experience – especially when the claimant has suffered life-changing injuries – but it is important that car accident claims are not rushed and that a full settlement of car accident compensation is received by the claimant. Therefore, if you or a passenger in your car have been in a car accident caused by a negligent road user, it is in your best interests to discuss making car accident claims with a solicitor on our freephone Solicitors Advice Bureau.

Car Accident Compensation of €54,000 for Girl Born Prematurely After Road Traffic Incident

€54,000 road traffic accident compensation has been awarded to a girl who was born prematurely. by emergency caesarean section, just one day after a car driven by her pregnant mother was involved in  an accident.

On April 24, 2014. Abigail Mielec’s mother was involved in an accident with a tractor when she was driving. She was 31 weeks pregnant at the time that the accident occurred on the road from Carrick-on-Suir to Rathgormack, Co Tipperary. 

Following delivery, Abigail spent the first 36 days of her life in hospital and Justice Kevin Cross told the court that the injuries were moderate but not insignificant. He added that it was not the start that Abigail should have had. 

The road traffic crash happened when the tractor was driving onto the road from a field and it collided with the car coming along the adjacent road. It was alleged there was a failure to use the help of others to warn oncoming traffic that a slow-moving vehicle was about to emerge from a field onto the road. Additionally there was an alleged failure to give any or any adequate and proper warning of the presence of the tractor or its intentions.

In the incident Abigail’s mother had hit her belly of the steering wheel. She was taken to Clonmel Hospital where she was kept overnight and, on April 25, Abigail was delivered by emergency caesarean and was nine weeks early. After delivery, Abigail experienced some respiratory difficulties and was moved to Cork University Hospital, where she remained in intensive care. Subsequent to this she, the infant, experienced a gastrointestinal problem was diagnosed and remained in the Cork hospital until she was 32 days old. She was finally discharged home on June 1, 2014 where there were recorded incidents of her suffering intermittent severe abdominal pain.

The owner of the tractor involved in the accident – Pat Murphy, Ballyquinn, Carrickbeg, Carrick on Suir, Co Waterford – and the driver – Patrick O’Brien, Bishopstown, Mothel, Co Waterford – were sued by  Abigail, of Fiddown, Co Kilkenny, via her mother, Ewelina Mielic.

The legal action was before the court for the final assessment of damages only. A separate legal action taken by Abigail’s mother, in relation to the injuries that she suffered in the crash, had previously been settled.

Justice Cross said the little girl has no recollection of the trauma but there was no doubt she had significant pain. He added that she has small and indistinct scars from where lines had been inserted and she had also got injections and antibiotics in hospital. She had completely recovered within a year.

Justice Cross referred to Abigail’s injuries as moderate but not insignificant. He awarded €30,000 in general damages and also awarded for past care, bringing the total to €54,431.


Personal Trainer Awarded €18.5k for Accident involving Taxi Driver

As he was awarding a personal injury compensation of €18,500 to a personal fitness trainer, Judge Justice Brian O’Callaghan commended the plaintiff for continuing to share workout videos of himself on social media platforms despite suffering injuries in an injury involving a taxi in the Aldi car park in Ennis on June 11, 2017.

Kris Flynn was awarded the compensation for injuries he sustained to his  back, neck and shoulder in the incident that occurred when the taxi driver drove at him. Judge O’Callaghan told Ennis District Court that it was too Mr Flynn’s credit that he continued to promote his business in the aftermath of the accident.

The court was informed that the defendant, taxi driver Michael Maher, had contracted a private investigator employed by the taxi-driver had been able to put together a showreel of Mr Flynn working out at a gym lifting various weights to the court. This was presented to the court by Mr Maher’s insurers.

These video has initially been shown on social media platform and counsel for the defence, Donal O’Rourke BL, advised the judge that these videos cast doubts over the credibility of Mr Flynn. Responding to these accusation Mr Flynn informed the judge that videos in question were filmed before the road traffic accident occurred.

While liability in the case had been admitted, the defendant’s legal team requested that Judge O’Callaghan assess the scale of damages to be awarded to Mr Flynn.

Referring to the videos that were provided to the court, Judge O’Callaghan said there was nothing to suggest that Mr Flynn was concealing anything from the Court. He said The the videos were advertising and didn’t contradict Mr Flynn’s claims. He commented: “Mr Flynn is to be complimented for continuing at his work despite his injuries”.

Referring to the testimony provided to the court by two different doctors. the Judge said that they did so with the knowledge that he had returned to the the gym. Both medical professionals stated that Mr Flynn suffered symptoms to his shoulder/neck complaint and had a traction type injury to his shoulder.

The accident occurred when Mr Maher’s taxi drove towards Mr Flynnat speed in the Aldi car park in Ennis and carried him on the bonnet for 10 metres. Justice O’Callaghan said that these events were “nothing short of disgraceful”.

Mr Maher fled the scene of the accident. However, Mr Flynn recorded his vehicle registration plate after on his mobile phone.

Speaking after the Judge’s ruling, Mr Flynn said: “To exercise it really was the best pain management I could find. I had initially gone to my GP a few days after the incident. (At one stage) my own legal team contacted me saying that the insurance company was aware that I’ve been posting exercise videos and it would probably be better to set everything to private. I disagreed and said I’ve been honest about exercising and also I’m a self employed single father and need to advertise my business.

He added: “I believe honesty is the best policy and I turned down an offer (before court) that would have barely covered my legal costs and opted to go before the judge. I’ve been extremely active my entire life and I’m also educated in the area and was very comfortable with what I can and can’t do. At the second follow-up with my GP he said my level of activity most likely prevented me getting injured worse in the incident.”

St Patrick’s Day Boy Accident Compensation of €53,000 for Boy Knocked Down in Hit and Run

A boy who was injured in a hit and run accident when he was crossing the road after the St Patrick’s Day parade in Cobh, Co Cork in 2017 has settled his High Court pedestrian accident compensation claim for more a figure just above €53,000.

The boy in question, Daniel Foley, was just a few days short of his seventh birthday when he was flung across the car bonnet and rolled off, landing heavily on the ground and sustaining injuries. The accident took place just after the boy had watched the St Patrick’s day parade in Cobh on March 17, 2017. He had been walking away from the place where he was watching the parade when the accident occurred.

The young boy, nine-year-old Daniel Foley. sustained fractures to his hip, ribs and lower jaw as well as lacerations. In order to receive treatment had to spend four days in hospital away from his family.

Daniel, who live at The Orchard, Rushbrooke Links, Cobh, took the legal action through his father Pat Foley against a Romanian national, who was the owner of the car and the driver a Spanish national along with the MIBI.

It was alleged that the driver did not pay any or any adequate and proper attention to the increased numbers of pedestrians in the area due to the fact that it was St Patrick’s Day and festivities were ongoing in the town of Cobh. In addition to this it was claimed that there had been a failure to appreciate the road and traffic conditions pertaining and to drive in a manner which respected this.

The accident caused the boy to experience severe shock and a loss of consciousness. Those attending to him called an ambulance and he was taken by ambulance to hospital where he remained for four days. For the two weeks following the accident he could not eat anything unless it was in liquid form.

The court was informed that Daniel has made a good recovery.

Mr Justice Kevin Cross approved the settlement of €53,748 against the Motor Insurers Bureau of Ireland (MIBI) as the court heard there was no insurance in place.


€192,000 for Woman Struck by Minibus Wing Mirror

At the High Court €192,000 car accident compensation has been awarded to a woman who was injured when she was hit by the wing mirror of a minibus as she crossed a road.

Ms O’Kelly, a medical representative living in Killester, Dublin, had taken the legal action against Bus Éireann in relation to the accident when she was knocked to the ground at Lough Atalia Road in the Galway harbour area on December 16, 2015.

Ms O’Kelly had informed the court she was crossing the road after 6pm when she saw the minibus just before she was struck on the right shoulder by the wing mirror of the bus which was turning in to the road.

To have her injuries properly treated Ms O’Kelly had to have surgery and don a neck brace for 12 weeks and is left with a scar on her neck.

Bus Éireann accepted liability during the hearing of the case and argued that Ms O’Kelly was also allegedly negligent for the injuries she suffered.

The judge ruled that Bus Éireann driver was “entirely negligent” in that he failed to keep an adequate lookout and did not stay close enough to the left hand side in his own lane and he simply did not see Ms O’Kelly.

Justice O’Hanlon said Ms O’Kelly was lawfully present on the road having taken all correct precautions as she crossed the road. As such he found that no liability was attached to her in relation to the incident.

The judge remarked that there had been “a stark transformation” in Aideen O’Kelly’s working and social life since the accident and the 54-year-old woman’s lifestyle is now “vastly different”.

Ms O’Kelly, she said, was an experienced sailor who took part at a very high competitive level three to four days a week during the sailing season. Sadly she can no longer do so.

The judge said: “Despite her stoicism, her daily living is not of the same quality as it was. She has to put up with imbalance, difficulty reaching items in her kitchen and difficulty in the normal day-to-day tasks.”

In awarding a total of €192,573 car accident compensation, Ms Justice O’Hanlon said while Ms O’Kelly had managed to return to work, she reported a lack of dexterity and feeling in her hands which causes issues putting on jewellery or opening jars.


€108,000 Personal Accident Compensation in Relation to Psychiatric Nurse’s Injuries in Supermarket & Car Crash

Following suffering injuries in a car accident in 2015 and a slip in a supermarket accident just a couple of months later, a retired psychiatric nurse has been award more than €100,000 personal injury compensation.

Damages were assessed at €20,000 in respect of the road traffic incident and over €88,000 in respect of the fall by presiding Judge Ms Justice Miriam O’Regan. Mary Barry of Westcliffe, Ballincollig, Co Cork was awarded €108,000 at the High Court sitting in Cork earlier this week.

Ms Justice O’Regan assessed several aspects of the plaintiff’s claims and her lawyers, Seán Lynch and John O’Mahony, asked for an opportunity to clarify all issues with John Lucey, for the defence.

This award was comprised of €20,000 (plus costs) in respect of the traffic incident on November 25, 2015, at the Kilumney roundabout near Ballincollig and €88,000 (plus costs) for fall at Wilton Shopping Centre on March 2, 2016. The supermarket accident was though to have been caused by yoghurt/ice cream on the floor that had not been cleaned up.

There was no personal injury awards made in relation to plaintiff’s claim for post-traumatic stress arising from the car crash. This claim was made as, she alleged, she was not able to get out of her car for a period following the incident.

“Of total significance in my view is that she has indicated she could not get out of the car but evidence was given that she had gotten out of the car on two occasions prior to the arrival of gardaí. That was completely contrary to the evidence she has given,” commented Ms Justice O’Regan.


€40,000 Personal Injury Insurance for Man Injured in Car Accident

A man has been awarded just under €40,000 damages in the Circuit Civil Court in relation to a car accident that occurred as he had been driving to work via the M50 on December 21 2015

Kieran Brennan of Monastery Road, Clondalkin, Dublin 22, told Circuit Court President, Mr Justice Raymond Groarke that he was stopped at the Northwood exit when he was struck from behind by a vehicle driven by Dylan Duffy.

He told his barrister, Fiona Pekaar that he had, a first, sustained shoulder and neck pain but this had soon resolved. Brennan said he had been left with constant lower back pain that had prevented him from taking part in the same standard of active lifestyle he once had, including being unable to participate in a similar amount of marathon running and soccer matches as he had before the accident occurred.

Medical evidence was presented to show that Brennan had a pre-accident degenerative condition. However Judge Groarke said that that condition had not been an issue before the accident and he believed it had been triggered by the M50 incident.

The Judge, in delivering his ruling, said Mr Brennan had been suffering with a bulging disk in his back and although most medical reports had indicated this had not been due to the accident, he could not ignore the report that suggested it had been a one of the outcomes of the accident.

Legal representative for the defendant referred to the fact that Mr Brennan had taken part in the ‘Hell and Back’ adventure race in Bray, Co Wicklow in October 2016 which was a difficult assault course involving various activities and obstacles to be overcome.

However, Judge Groarke said Mr Brennan still participates in a number of marathons and plays soccer once a week and the court did not believe his level of physical activity was at the same level as it had been prior to the accident occurring.

Judge Groarke said he was sympathetic to Mr Brennan and awarded him general damages of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy, however a stay was granted on his award on condition Mr Brennan was paid out  €20,000.

Repaired Road Accident Compensation Award of €64,000 for Man Following Bike Accident

Joseph Kearney (47), who was inflicted with a serious back injury when his bike slipped on a recently repaired roadway where too much bitumen sealant had been applied, has been awarded €64,000 repaired road compensation at the High Court.

Portlaw, Co Waterford resident Mr Kearney took the repaired road compensation claim against Tipperary County Council, the body charged with the upkeep of the road, and Roadstone Wood Ltd, the business which carried out the repairs on the road in question.

Judge Bronagh O’Hanlon told the High Court that is easy to see that Mr Kearney had experienced significant pain and a loss of the amenities of life due to the accident that happened at Ballinaraha, Kilsheelan, Clonmel, Co Tipperary, on December 26 2011.

Judge O’Hanlon, who ruled that Tipperary Co Council and Roadstone Wood were both at fault in the incident, said that both parties appeared to accept the evidence given by Mr Kearney that there had been poor professionalism shown in relation to the work completed on the road repairs. A similar incident had occurred on another part of the same road and a witness to that accident provided evidence in this case.

Judge O’Hanlon said that that Roadstone Wood had completed the road repair works without making sure it had been finished to the proper standard. She added that Tipperary County Council was also at fault as the accident could have been avoided if corrective steps had been applied following the other accident that occured on the same stretch of road.

The court was told that Mr Kearney’s bike accident happened when he was cycling as part of a group of 17 people, cycling two abreast on the hard shoulder of the road in question. Mr Kearney was wearing his helmet and, as he approached a curve on the road, he fell from his bicycle. Judge O’Hanlon said that she believed Mr Kearney had provided his evidence honestly and did not seek to exaggerate accident or his injuries.

Toddler Awarded €1,500 Over Accident That Killed Sister Before He Was Born

A 23-months-old child, who had not been conceived when his older sister was died in a hit-and-run accident in Dublin’s Phoenix Park on April 6, 2015, was Tuesday awarded €1,500 personal injury compensation for her death.

One year and 47 days after his sister Vanessa died, Marcel Siatka was born on May 24, 2016.

Representing the Siatka family, Barrister Conor Kearney advised Judge Terence O’Sullivan in the Circuit Civil Court that the Injuries Board had assessed damages of €42,777 to be split between between Vanessa’s surviving family and to incorporate the cost of her funeral.

Mr Kearney said the Injuries Board had not, in its final assessment, took into account compensation for Marcel as he had not been born when the accident occurred.

Judge O’Sullivan heard that, in line with the Civil Liability Act, Mr Siatka had taken a claim on behalf of members of his family, including Marcel.  Mr Siatka, resident at Brandon Square, Waterville, Blanchardstown, Dublin 15, said Vanessa had a brother born more than a year after her death, who was not taken into account in the final assessment.

Mr Kearney referred to the fact that the court had to approve the assessment and the parents had stated they had no difficulty for compensation, as decided by the court, being shared with Marcel. Judge O’Sullivan said it was not a nice duty to split money between family members but he was of the belief that it was appropriate to mark the fact that Marcel would undoubtedly ask questions about his sister in future and would encounter some grief in relation to her death.

He said the €6,000 allocated to the three grandparents should be reduced to €1,500 each so as to allow for Marcel also receiving €1,500 and he directed that Marcel’s money be paid into court to his future benefit.  He offered the court’s sympathy with the family.

Claims for Car Accident Injuries Settled in Court

Two claims for car accident injuries compensation – made by plaintiffs injured in the same accident – have been settled for a combined total of €37,500.

The two injured plaintiffs were travelling in the same car from Dublin to Newry for a pre-Christmas shopping expedition in November 2013. While driving along the M1 at a speed of 80-90kmph, the sun roof of the car they were travelling in blew off. Alarmed at the sudden noise and the rush of air entering the car, the driver – one of the two injured plaintiffs – braked hard.

The rapid deceleration of the vehicle caused the two plaintiffs and three other family members travelling in the car, to suffer whiplash-type injuries. Two children strapped into child seats were unharmed. The second plaintiff – the driver´s 72-year-old mother – suffered the worse injuries of all, including a compression fracture to one of the vertebrae in her lower back.

The injured members of the family made claims for car accident injuries against the showroom from which the car had been purchased just four months earlier. It was alleged in the claims for car accident injuries that the sun roof had been faulty and the fault should have been identified by the dealer – Denis Mahony Limited of Kilbarrack Road in Dublin.

Mahony´s denied liability for the faulty sun roof and the plaintiffs´ injuries, but – at the Circuit Civil Court in Dublin – Mr Justice Raymond Groarke was told that corrosion found around the remaining frame of the sun roof would have been present on the Toyota at the time it was sold. According to the testimony of an independent motor assessor, the corrosion led to the sun roof blowing off.

Judge Groarke said he accepted that the sun roof flying off at 90kmph would have been a terrifying experience and understood why the driver plaintiff had applied the brakes so sharply. He awarded the driver of the car €12,500 compensation and her mother €25,000 compensation in settlement of their claims for car accident injuries.

Woman Awarded €25,000 in Settlement of Taxi Passenger Accident Claim

A violinist who claims she is unable to practise because of a shoulder injury has been awarded €25,000 in settlement of her taxi passenger accident claim.

The thirty-three year old woman made her taxi passenger accident claim following a rear-end accident on 8th March 2012 on Wexford Street in Dublin. She claimed that, despite the impact between the two vehicles not being particularly significant, she had suffered a soft tissue injury to her right shoulder that prevented her from practising the violin without pain.

The woman was prescribed painkillers by her GP after seeking medical attention the following day, but claims the medication has not resolved her injury. She applied to the Injuries Board for an assessment of her taxi passenger accident claim and, although the negligent driver admitted liability for her injury, the woman rejected the proposed settlement.

An authorisation was issued by the Injuries Board in order that the woman could pursue her taxi passenger claim in court. The hearing for the assessment of damages took place earlier this week before Mr Justice Raymond Groarke, who was told that the woman was an accomplished musician who had successfully auditioned for Sweden´s International Chamber Music Festival.

Judge Groarke noted that the evidence in the case suggested that the woman´s soft tissue injuries would have healed soon after the accident as they were “not very serious”, however he also acknowledged that this was an exceptional case as the woman needed a perfect shoulder on which to rest her violin and practise.

Judge Groarke dismissed claims made by the insurance company representing the defendant that her injury was unrelated to the accident and, although admitting that the medical evidence in the case was “conflicting”, he awarded the woman €25,000 in settlement of her taxi accident compensation claim.

Settlement of Claim for an Injury due to Being Hit by a Car Wing Mirror

The €5 million settlement of a claim for an injury due to being hit by a car wing mirror has been approved in the High Court in favour of a teenage boy.

Ryan Bastin ordinarily lives with his family in Brussels; but, in August 2008, he was enjoying a family holiday at his grandparent´s home in Mitchelstown, County Cork. On 13th August, Ryan´s father, brother and sister left the house to walk down to a neighbouring field in order to watch cows grazing. Ryan initially decided he did not want to go, but then changed his mind.

As Ryan ran out into the road to catch up with his family, he was hit on the head by the wing mirror of a passing car. Ryan was knocked to the road surface and, although able to stand up straightaway, he started vomiting. An ambulance was called and Ryan was taken to Cork University Hospital. However, during the journey to the hospital, he lost consciousness.

When Ryan arrived at the hospital he was resuscitated and diagnosed with a fractured skull. He underwent a series of operations and remained in intensive care for several months before being allowed to fly home with his family to Brussels, where he underwent rehabilitation treatment. Despite receiving comprehensive medical attention, Ryan has been left with intellectual disabilities.

Or her son´s behalf, Ryan´s mother – Sinead – made a claim for an injury due to being hit by a car wing mirror against the driver of the vehicle – Hannah Murray from Ballyporeen in County Tipperary. Murray contested the claim on the grounds that she had been driving with due care and attention and could not have avoided hitting Ryan as he ran into the road.

The case went to the High Court, where Mr Justice Kevin Cross was told that Murray only had 1.75 seconds to react from the time that Ryan had run into the road. Ryan´s barrister argued that, even with just 1.75 seconds to act, Murray had enough time to take evasive action and swerve to avoid hitting the child.

Judge Cross found in Ryan´s favour after attributing him 40% contributory negligence. As a settlement of the claim for an injury due to being hit by a car wing mirror had already been agreed in principle, the judge approved the proportional settlement of €5 million and closed the hearing – wishing Ryan and his family all the best for the future.

Woman Awarded Compensation for being Hit by a Wing Mirror While Jogging

A woman has been awarded €134,000 injury compensation for being hit by a wing mirror of a van while she was out jogging in Mullingar with a friend.

Donna Woods and her friend were jogging along the Ballynacarragy to Mullingar road in January 2013, when Donna was hit by the wing mirror of a passing van. Donna suffered a fractured wrist in the accident, and also injuries to her right hand, elbow, shoulder and jaw.

Donna applied for an Injuries Board assessment of her claim for compensation for being hit by a wing mirror, but the driver of the van – Joseph Tyrell – refused to give his consent, and Donna was given an authorisation to pursue her claim in court.

Due to the potential value of the claim, the hearing was held at the High Court before Mr Justice Kevin Cross. At the hearing, Judge Cross was told that Donna – a forty-seven year old teacher from Mullingar in County Westmeath – had previously been a “very active lady”.

The judge also heard that on 22nd January 2013, Donna and her friend were jogging in the opposite direction to the traffic. A tractor and trailer had just passed them on the far side of the road, and they had seen Tyrell pull over onto the grass verge to give the tractor a wide berth.

The two women continued running, as they believed that Tyrell would drive back onto the road once the tractor had passed. However, Tyrell continued to drive along the grass verge – catching Donna with the wing mirror of his van and causing her injuries.

Defending the claim for compensation for being hit by a wing mirror, Tyrell argued that Donna has been at least partly responsible for her injuries by her and her friend running along the road two abreast and for failing to wear high visibility clothing.

Tyrell´s defence was dismissed by Judge Cross. The judge said that, had Tyrell rejoined the road once the tractor had passed, there would have been sufficient room for him to pass Donna safely. The judge also found that Donna had been wearing bright-coloured clothing on the morning of the accident.

The judge awarded Donna €134,000 compensation for being hit by a wing mirror, stating that Donna had suffered quite significant injuries that would prevent her from competing in physically demanding sports activities for a long time.

Woman Awarded Compensation for Injuries in Fatal Road Traffic Accident

A former world-class sailor, whose career was ended in a car crash, has been awarded £464,655 compensation for injuries in a fatal road traffic accident.

Rosie Sands from Exmouth in Devon was a Gold Standard sailor and honours degree student when, in July 2012, she was visiting friends in Northern Ireland. Rosie (29) and the friends she was staying with had just collected another friend – Michelle Hulford (21) – when the car the party was travelling in was involved in a head-on collision with a jeep on the A57 just outside the town of Doagh in County Antrim.

Tragically Michelle was fatally injured in the accident. Rosie, the driver of the car and her two other friends were taken to hospital with multiple injuries. Rosie received treatment for injuries to her abdomen, back, and shoulder; but, after she had returned to Exmouth, Rosie continued to experience flashbacks and nightmares. She was later diagnosed with Post Traumatic Stress Disorder.

Rosie claimed compensation for injuries in a fatal road traffic accident against the driver of the jeep – Stephen Hamilton – after seeking legal advice. Hamilton admitted that the accident had been caused by his negligence, but the two parties could not agree on a settlement of compensation. Consequently the claim was heard by the High Court in Belfast for the assessment of damages only.

At the hearing, Mr Justice Adrian Colton was told Rosie´s injuries had prevented her from sailing competitively and completing her honours degree in religion and education at Bath Spa University. The judge also heard Rosie´s life had changed “irrevocably” due to her injuries and that her plans to join the RAF or Navy after completing her degree had to be abandoned due to her injuries.

After commenting that the evidence Rosie had given in support of her claim had been “honest, understated, stoical and admirable”, Judge Colton awarded her £464,655 compensation for injuries in a fatal road traffic accident to account for her pain and suffering, the cost of medical treatment and Rosie´s loss of income.

Claim for Brain Damage in a Lorry Accident Resolved in Court

A claim for brain damage in a lorry accident has been resolved at the High Court with the approval of a €750,000 injury compensation settlement.

Twenty-five year old Francis Smith was driving on the outskirts of Edgeworthstown in County Longford when, on January 27, 2009, he crashed into the back of a stationary council lorry while trying to avoid a collision with a car heading towards him.

The lorry had been parked close to where Longford County Council was carrying out repairs to the road, and Francis was unlikely to have seen it as he came around the bend immediately preceding the roadworks.

Although neither of Francis´ two passengers were injured in the crash, Francis suffered brain damage. He now has physical and cognitive difficulties that prevent him from leading an independent life. He has also had to give up the job he had in a local factory.

Francis´ mother – Martina Dempsey – made a compensation claim for brain damage in a lorry accident on behalf of her son – alleging in her legal action that Longford County Council had been negligent by failing to provide warning signs ahead of the roadworks.

It was also claimed that the lorry into which Francis crashed was parked too far out into the carriageway, creating a hazard for motorists coming off of the bend.

Longford County Council denied its liability for Francis´ brain damage. The council argued that Francis had contributed to the cause of the accident, and therefore his injury, by driving around the bend at an excessive speed.

Eventually the two parties agreed on a €750,000 settlement of the claim for brain damage in a lorry accident; but, as the claim had been made on behalf of a plaintiff unable to represent himself, the settlement had to be approved by a judge.

Consequently, the circumstances leading up to Francis´ accident and the impact it has had on his quality of life were related to Mr Justice Kevin Cross earlier this week at the High Court. The judge approved the settlement – noting that it represented 25% of the full value of the claim for brain damage in a lorry accident.

Judge Dismisses Injury Claim for a Crash in a Car Park

Circuit Civil Court President, Mr Justice Raymond Groarke, has dismissed an injury claim for a crash in a car park after finding the plaintiff deceitful.

Rita Milinovic from Citywest in Dublin made an injury claim for a crash in a car park after being reversed into by a van on 5th April 2014. Twenty-nine year old Rita claimed that the “minor collision” had left her with a back injury that prevented her from working as a waitress, and that she had to eventually give up her job as the pain in her back prevented her from carrying plates.

Rita claimed €60,000 compensation against the van driver, Paul Ferris, and his employer – O´Dwyer Property Management Limited. Both defendants contested the claim on the grounds of the value Rita had assigned to it, and the case went to the Circuit Civil Court, where it was heard by Mr Justice Raymond Groarke.

When it was Rita´s turn to give evidence, she winced in the witness stand as she told the court about the injury she had suffered and the impact it had on her quality of life. However, the injury claim for a crash in a car park collapsed when barristers representing the defendants presented Judge Groarke with photographs taken from Rita´s Facebook page.

The photographs were of Rita working out in a Dublin gym and at the top of Bray Head six weeks after her accident. Further photographs showed Rita in a bikini competing at an international body sculptor competition. The barristers offered the opinion to the court that Rita´s claim for a crash in a car park was a lie from beginning to end.

Judge Groarke accepted that the photographs of Rita competing in a body sculptor competition would not have required much physical effort, but those of her in the gym depicted a scenario “which somebody with a bad back would certainly not be engaging in.” The judge added: “Trying to be as politically correct as one can be in this situation, it doesn’t look like a person with such a fine physical physique as Ms Milinovic could have been suffering a great deal of pain.”

Judge Groarke said that the law demands that people come to court in total honesty and, while Rita might have sustained some degree of injury in the car park crash, there was a question mark over how deceitful she had been with the court. The judge dismissed Rita´s injury claim for a crash in a car park and ordered that she pay the defendants legal fees and court costs.

Girl´s Claim for the Loss of Sight in a Car Crash Resolved at Court

A teenage girl´s claim for the loss of sight in a car crash has been resolved at the High Court with the approval of a €1.3 million settlement.

On 26th November 2005, Beth Cullen lost the sight in her left eye as a result of being injured in a car crash on the “Nine Bends” stretch of the N11 near Ballinameesda. In addition to suffering an eye injury, Beth – from Kilmacanogue in County Wicklow – lost her hearing in her left ear and her sense of smell.

On behalf of his daughter, William Cullen made a compensation claim for the loss of sight in a car crash against Beth´s mother – Caroline Barrett – who had been driving Beth and who was considered responsible for causing the crash through a lack of care and attention.

The claim alleged that Beth´s mother had failed to steer, stop, swerve or manage the car prior to the crash. It was also claimed that, through her lack of care and attention, Barrett had demonstrated a lack of adequate regard for the safety of her daughter.

Liability was conceded by Barrett´s insurers, and a €1.3 million settlement was agreed. As the claim for the loss of sight in a car crash had been made on behalf of a child, the settlement had to be approved by a judge to ensure it was in Beth´s best interests.

The approval hearing at the High Court took place recently before Mr Justice Kevin Cross. Judge Cross was told the circumstances of the accident and the injuries that Beth – who was six years old at the time – had sustained.

After hearing that Beth was doing well at school despite her difficulties, Judge Cross approved the settlement and wished Beth well for the future. The settlement will now be paid into an interest-bearing account and managed by the High Court until Beth turns eighteen years of age in 2017.

Plaintiffs Awarded Compensation for being Rear-Ended by a Van

Four plaintiffs have been awarded compensation for being rear-ended by a van despite the defendants questioning the circumstances of the accident.

On 18th October 2011, Mary O´Reilly from Charleville in County Cork was driving her husband´s SUV to Rathkeale. Travelling as passengers in the SUV were Lisa O´Reilly, Caitriona McDonagh and Breda McCarthy.

As the vehicle was approaching Rathkeale, Mary slowed on the approach to a roundabout. Just then she was rear-ended by a hire van driven by Jeremiah O´Brien. Mary and her three passengers all suffered injuries in the accident – but none were injured seriously enough to require immediate medical attention.

Mary later started to experience pains in her back and up her arms and neck. She attended Mallow Hospital, where she received treatment to relieve the pain and help her sleep at night. Lisa, Catriona and Breda all developed similar back pain symptoms within a short period of time.

All four women in the SUV claimed compensation for being rear-ended in a van from O´Brien, from Enterprise Rent a Car and from the Motors Insurers Bureau of Ireland (MIBI). Mary´s husband – William – also claimed compensation for the material damage to his vehicle.

The car rental company and MIBI contested the validity of the claim. They argued that the circumstances of the accident were questionable and that two of the plaintiffs had received personal injury awards for similar accidents in the past. They also alleged that William O´Reilly and Jeremiah O´Brien were known to each other.

The claim for compensation for being rear-ended by a van went to the Circuit Court in Limerick, where it was heard by Judge Karen Fergus. Counsel for the defendants argued that the circumstances of the accident did not stand up to scrutiny, and Garda William McElligott gave evidence that, when he got to the scene of the accident, he did not note any damage to either vehicle.

However, after hearing evidence from four of the five plaintiffs – Lisa O´Reilly had settled her claim out of court – the judge found in their favour. She awarded Mary O´Reilly €7,500 compensation for being rear-ended by a van, Caitriona McDonagh €10,000 and Breda McCarthy €12,000. William O´Reilly was also awarded €4,800 for the material damage to his vehicle.

Hit and Run Claim against MIBI Resolved during Lunch Break

A hit and run claim against MIBI has been resolved during the first day of a hearing after a division of liability was agreed during the lunch break.

Twenty-five year old Anthony Driver was on his way to meet a friend for a lift to his home in Enniskerry, County Wicklow, when – on 2nd November 2012 – he was hit by a car that temporarily stopped, but then drove off again.

Anthony was found by a Garda lying in the road at the junction of Sidmonton Avenue and Meath Road in Bray. An ambulance was summoned, and Anthony was taken to hospital suffering from a fractured spine, a lacerated liver, fractured ribs, and various internal injuries.

Anthony spent four days in intensive care and a further five days recovering from his injuries on a general ward. Two and a half years after his discharge he experiences difficulty eating and he still suffers with pains in his back.

As the driver of the car that hit Anthony could not be identified, Anthony made a hit and run claim against MIBI – the Motor Insurers´ Bureau of Ireland that is responsible for paying injury compensation when the driver of a vehicle cannot be traced or is found to be uninsured.

MIBI contested liability for Anthony´s claim – arguing that the Garda who found him had described his condition as “grossly intoxicated”. MIBI said that on the balance of probabilities Anthony was likely partially responsible for his injuries due to his own lack of care.

As liability for Anthony´s hit and run claim against MIBI was contested, the Injuries Board issued an authorisation for Anthony to take his claim to court. The case was heard last week before Mr Justice Nicholas Kearns.

When the hearing started, MIBI repeated its claim that, because of his condition, Anthony should accept some level of responsibility for his injuries. Under cross-examination, Anthony admitted to Judge Kearns that he was intoxicated at the time of the accident.

Talk of a negotiated settlement of Anthony´s hit and run claim against MIBI started as the court was adjourned for the lunch break. On his return, Judge Kearns was informed that Anthony had agreed to an undisclosed settlement of his claim after accepting 75% contributory negligence and that the case could be struck.

Compensation for a Broken Leg in a Pedestrian Accident Awarded at Court

A man who was run over by a car on the way to the pub for a quiet drink has been awarded €177,630 compensation for a broken leg in a pedestrian accident by a judge in Limerick.

Lightning struck twice for Edmund Quinlan (72) of Garryspillane in County Limerick when, on 5th March 2010, he was run down by a car while walking from his home to the local pub for a quiet drink with his friends and a game of cards.

In 2004 Edmund had been the victim of a similar accident on the same stretch of road and, for the second time in six years, his right leg suffered extensive fractures. Edmund spent several months in hospital recovering from his injuries, during which time he spent ten weeks with his leg placed in balanced suspension.

When he was released from hospital, Edmund sought legal advice and claimed compensation for a broken leg in a pedestrian accident from the negligent driver. Full liability for Edmund´s injuries was disputed by the driver, who acknowledged that he had failed to see the former council worker due to the setting sun, but who claimed that Edmund was swaying across the road as if he had been drinking.

As there was a doubt about Edmund´s contributory negligence, the Injuries Board declined to assess Edmund´s application for compensation for a broken leg in a pedestrian accident, and instead issued an authorisation for his claim to be heard in court.

However, the day prior to the scheduled hearing at the High Court in Limerick, the allegations that Edmund had been drinking were withdrawn, and the case went before Mr Justice Paul McDermott for the assessment of damages only.

At the hearing, evidence was presented by Edmund´s surgeon – Dr Thomas Burke – who said that his patient had made a near-miraculous recovery from his leg injuries, but due to Edmund´s increasing frailty he was now living in a nursing home.

Judge McDermott commented that Dr Burke should be proud of what he has achieved in his treatment of Edmund, and awarded Edmund €177,630 compensation for a broken leg in a car accident – which included €115,000 general damages for Edmund´s injury and suffering, and €62,630 special damages to pay for his ongoing medical and nursing home costs.

Claim for Passenger Injuries due to Whiplash Resolved at Court Hearing

A claim for passenger injuries due to whiplash has been resolved in a hearing at the Circuit Civil Court.

Twenty-year-old John Connors from Saggart in County Dublin was a passenger in his aunt´s car when she inadvertently hit a wall alongside the Kiltipper Road in Tallaght on 2nd December 2010.

John, who was only fifteen-years-old at the time of the accident, was treated at the Tallaght Hospital in Dublin for neck and back soft tissue injuries, and he returned to the hospital on several more occasions for physiotherapy.

On behalf of his son, John´s father made a claim for passenger injuries due to whiplash against his aunt – Bridget Connors. Liability for John´s injuries was admitted, but the Injuries Board assessment of compensation was contested, and the case went to the Circuit Civil Court to be resolved.

At the Circuit Civil Court, Court President Mr Justice Raymond Groarke heard that confusion existed over John´s claim for passenger injuries due to whiplash as a similar action being pursued in County Cork.

John told Judge Groarke that his father (now deceased) had previously taken him to see a firm of solicitors after the car accident, but he did not know who they were or where to find them.

As the claim for passenger injuries due to whiplash was before Judge Groarke for the assessment of damages only, the judge asked John whether he suffered any long-term consequences from the accident in his aunt´s car.

John replied that the injuries to the soft tissues in his back and neck had healed, but he suffered from an unrelated liver condition that stopped him from drinking alcohol and that would eventually lead to premature aging.

Judge Groarke awarded John €10,000 in settlement of his claim for passenger injuries due to whiplash. The judge also awarded John the costs of bringing his legal action and said that it had not been denied that John had suffered some level of soft tissue injuries as a result of the accident.

Compensation for Pedestrian Hit by Car Reduced due to Contributory Negligence

An award of compensation for a pedestrian hit by a car has been reduced by a judge in Belfast to account for the plaintiff´s contributory negligence.

Stacey McCaughey was walking along the Carrickmannon Road in Ballygowan on 26th September 2010, after an evening out with some friends at the nearby Chestnut Inn, when she was hit by a car driven by Brian Mullan.

Twenty-four year old Stacey was taken to hospital where she remained in intensive care for four days suffering from a frontal lobe contusion, a spinal injury and multiple fractures. Despite receiving prompt medical attention, Stacey suffered brain damage from which she suffers moods swings, headaches and memory loss.

After seeking legal advice from a solicitor, Stacey – who also has significant facial scarring – claimed compensation for a pedestrian hit by a car on the grounds that Mullan had been driving too quickly along the unlit road.

Mullan disputed the claim on the basis that the group had been very drunk and wandering across the road with no regard for their own safety. A forensic engineer confirmed the driver´s version of events that he had swerved to avoid the main body of friends, but could not avoid hitting Stacey.

As liability was contested, the claim for compensation for a pedestrian hit by a car went to the Belfast High Court, where Mr Justice O´Hara heard evidence from both parties, the forensic engineer and the police – who confirmed that Mullan had been sober on the night of the accident.

The judge agreed with Stacey that Mullan had been driving too fast in the conditions and awarded her £110,000. However, the judge then told Stacey that he was reducing her award of compensation for a pedestrian hit by a car by 60 percent to £44,000 – explaining that she had failed to take her own safety into account “by walking in the middle of a dark, unlit road while drunk and incapable of being alert to traffic”.

Model Awarded Compensation for Injuries at Petrol Station

A model has been awarded compensation for injuries at a petrol station after she was attacked by a sales assistant who claimed she had not paid for her petrol.

In May 2011, Trudy Higgins (26) from Drumcondra in Dublin was returning to her car after filling it with petrol at the Castle Service Station in Artane, Dublin, when she noticed a sales assistant approaching her and apparently taking photographs.

Trudy got inside her car, closed the doors and went to call her father for assistance. However, before she could do so, the sales assistance moved alongside her car and smashed the driver´s window with his fist.

According to evidence presented at the Circuit Civil Court, the glass from the driver´s window shattered and Trudy suffered cuts to her face, neck and back. She drove to the Beaumont Hospital in Dublin, where she was treated for her injuries.

After seeking legal advice, Trudy made a claim for compensation for injuries at a petrol station against Chopard International Ltd – trading as Castle Service Station. She claimed that the company were responsible for the negligent actions of the sales assistant.

Chopard International Ltd denied its liability for Trudy´s injuries, and alleged that the sales assistant was trying to prevent Trudy leaving the petrol station without paying, that she had trapped his hand in the driver´s window and that he had to break the glass to avoid being dragged down the road.

With liability being denied, the Injuries Board issued an authorisation for the case to be heard before Judge Francis Comerford at the Circuit Civil Court. The judge found in Trudy´s favour after the petrol station could not provide CCTV to support their claims and the sales assistant failed to appear.

Judge Comerford awarded Trudy €9,000 compensation for injuries at the petrol station, saying that Trudy did not have a distinctive scar as a result of her trauma.

Family Awarded Compensation for Fatal Car Accident in Which Son Died

A settlement of compensation for a fatal car accident in which a four-year-old child was killed has been approved after a hearing at Circuit Civil Court in Dublin.

Ciaran Treacy (4) from Portarlington in County Laois was killed in a fatal car accident when his mother´s car was involved in a head-on collision along the Portarlington to Portlaoise Road at Ballymorris.on April 17. Ciaran´s brother Sean (8) and his mother Gillian were also badly injured in the accident – Gillian being confined to a wheelchair as a result of her injuries.

The negligent driver – Finbar O´Rourke – was arrested at the scene of the accident and charged with dangerous driving causing death. Although his case is still to be heard, Ciaran´s father – Ronan – made a claim for compensation for a fatal car accident, to account for the mental distress he and his family had suffered over Ciaran´s death.

The claim was not contested and, at the Civil Circuit Court in Dublin, Mr Justice Raymond Groarke awarded the family €35,000 in compensation for a fatal car accident – the maximum which is allowed for mental distress over the loss of a loved one under Civil Liability Act 1961.

The judge heard that the settlement of compensation who be divided between the members of the family; with Ronan and Gillian Treacy each receiving €10,000; €5,000 going to each to Ciaran’s two siblings – brother, Sean, and two-year-old sister Caoimhe – with €1,250 being awarded to each of Ciaran’s maternal grandparents, Noel and Marie Ryan; and €1,250 to each to his paternal grandparents, Patrick and Mary Treacy.

Judge Groarke approved the distribution of compensation for a fatal car accident and awarded Ronan Treacy a further €8,000 towards the cost of Ciaran´s funeral. The judge expressed the court’s deep sympathy to the Treacy family for their tragic loss.

Woman´s Claim for Injuries Sustained in Hit and Run Accident Resolved at Hearing

A woman´s claim for injuries sustained in a hit and run accident has been resolved after a hearing at the High Court when a €1.2 million compensation settlement was approved by a judge.

Laura Byrne (26) from New Ross, County Wexford, was talking with friends on John Street in New Ross when, on June 20th 2009, she was hit by a car driven by Polish national Karol Chrzan. Chrzan drove off after the accident, and was later arrested by the Garda when admitted to panicking due to being over the alcohol limit for driving.

The Garda also discovered that Chrzan had been driving his partner´s car, for which he was not insured, and charged him with causing serious injury by dangerous driving. He was sentenced to three years in prison and banned from driving for six years.

Laura had been taken to Waterford Regional Hospital after the accident suffering from head injuries after hitting her head on the windscreen of the care. When it became apparent that she had suffered internal brain injuries, she was transferred to Cork Hospital for specialist treatment.

As a result of the permanent brain injuries she sustained in the accident, Laura had to abandon the veterinary course she was studying. She suffered attacks of double vision and problems with her balance, and – five years after the accident –  Laura´s left arm is still weaker than her right.

Laura made a claim for injuries sustained in a hit and run accident against the Motor Insurers Bureau of Ireland (MIBI) – the organisation responsible for settling claims against uninsured drivers – and a settlement of €1.2 million compensation was agreed.

Ms Justice Mary Irvine at the High Court in Dublin approved the settlement – commenting that it was a good one in the circumstances – and closed the case by adding that, although no settlement of compensation would make up for the trauma Laura had suffered, she hoped that the extra money would make Laura´s life better.

Court Approves Settlement of Compensation for Fatal Car Crash

The High Court has approved a settlement of compensation for a fatal car crash in which a mother-of-five was killed due to the negligence of a New Year´s Eve reveller.

Rose Martin (57) of Carrickakelly in County Monaghan suffered fatal injuries on 31st December 2006, when her husband´s car – in which Rose was a front-seat passenger – was involved in a head-on collision at Philipstown Corner in Killerley with a car driven by Jason Kearney of Dundalk, County Louth.

Rose remained conscious after the collision, and spoke with her husband William and her son David – who suffers from Down Syndrome – while waiting for emergency services to arrive and take the injured family members to Our Lady of Lourdes Hospital in Drogheda – where William was treated for a broken leg and David underwent surgery for an abdominal injury.

Rose died in Our Lady of Lourdes Hospital eleven days after the accident after which William went into shock. When he recovered, he sought legal advice and made a claim for compensation for a fatal car crash against Kearney – alleging that Kearney had been driving negligently and too fast for the road conditions considering the weather that evening.

Liability for Rose´s death, the injuries to William and David, and the emotional trauma suffered by William after Rose passed away was accepted by Kearney´s insurers, and a settlement of €650,000 compensation for a fatal car crash was negotiated.

Because the claim for compensation concerned a fatal injury, the settlement had to be approved in court before it could be fully resolved; and therefore, at the High Court in Dublin, Ms Justice Mary Irvine was told of the circumstances of the car crash, how Rose Martin had been David´s primary carer for 28 years and the settlement that had been agreed.

The judge approved the settlement of compensation for a fatal car crash and gave the family her sympathy for the terrible experience they had been through and the loss of a wife and mother.

Compensation for High Speed Crash Injuries Approved in Court

A €10 million settlement of compensation for high speed crash injuries for a female passenger has been approved by the High Court after a hearing in Dublin.

Lydia Branley from Kinlough in Country Leitrim suffered life-changing injuries when a car she was travelling in as a passenger in September 2010 left the N4 at the Ballisodare slip road at a speed of 150km/hour, hit two crash barriers and a pole, and landed upside down in a stream.

The driver and a second male passenger were thrown clear from the BMW Coupe as it crashed; but twenty-eight year old Lydia – who had been wearing a seatbelt – had to be rescued from the wreckage of the car and was taken by ambulance to Sligo General Hospital.

When the extent of her injuries became clear, Lydia was transferred to the Beaumont Hospital in Dublin, where she remained in a coma for nine months. When she woke from the coma, Lydia found that she was unable to use her arms and legs, communicate by speech or feed herself.

Martin Kearney from Balinoo in County Mayo – himself hospitalised for seven weeks – was charged with dangerous driving causing serious harm, and in June 2012, convicted of the charge, sent to prison for six years and banned from driving for twenty years.

Lydia claimed compensation for high speed crash injuries against Martin Kearney and his father Michael Kearney in the father´s capacity as owner of the car. Liability for Lydia´s injuries was accepted and a settlement of €10 million was negotiated.

Because of Lydia´s lack of communication, the settlement of compensation for high speed crash injuries had to be approved by a judge and Ms Justice Mary Irvine at the High Court in Dublin heard the circumstances of the car accident and how Lydia´s injuries mean she will need full-time care for the rest of her life.

Describing the compensation settlement as “excellent”, Judge Irvine approved it, saying “It does not give back Lydia her life. Nothing will, but it will provide her with the best care and hopefully bring back a degree of normality.”

Car Accident Passenger Injury Claim Resolved after High Court Hearing

A young woman, who was injured in a car crash that took the life of her friend, has resolved her car accident passenger injury claim after a hearing at the High Court.

On 23rd December 2008, Leah McVeigh was one of five teenagers who went for a drive in two cars outside the village of Drumkeerin. The first car was driven by 18-year-old Darragh Flynn and contained two of Leah´s teenage friends; while Leah was the sole passenger in the second car driven by 17-year-old John Williams – who had only received the car two weeks previously as a birthday gift.

Flynn and Williams raced each other for three miles on the outskirts of the village until Williams – attempting an overtaking manoeuvre on a bend – lost control of his vehicle, hit a grass verge and crashed into a parked lorry on the other side of the road. Williams was fatally injured in the accident, and Leah sustained a trauma to the head, a broken collarbone and was later diagnosed with PTSD.

As Leah was only 16 years of age at the time of the crash, her mother – Ethel McVeigh from Drumkeerin, County Leitrim – made a car accident passenger injury claim against Flynn and the insurance company representing Williams – Quinn Direct. A settlement of passenger accident injury compensation was agreed for €100,000; but neither Flynn nor the insurance company would accept liability for Leah´s injuries and the claim proceeded to court.

At the High Court in Dublin, Mr Justice Moriarty heard testimony from Flynn and the two other passengers who were present on the day on the crash. The judge commented that he believed the testimony given by Flynn and his male passenger to be “self-serving”, and felt that the evidence fiven by the second passenger – Fern Skelton – to be more accurate.

Mr Justice Moriarty found that Flynn was 22.5 percent liable for causing the crash in which John Williams died, and ordered him to pay Leah €22,500 of the compensation settlement. The balance of Leah´s car accident passenger injury claim will be paid by Quinn Direct.

Settlement of Compensation for Injuries to a Foetus Approved in Court

A settlement of compensation for injuries to a foetus has been approved in court after a judge heard how a girl suffered respiratory distress syndrome at birth due her mother being involved in a car accident two days before she was born

Judge Matthew Deery at the Circuit Civil Court heard how Martina Sheehan from Rathfarnham in Dublin had been driving the family car along Templeroan Road on 13th April 1999, when she was in collision with a vehicle driven by Elaine O’Connor – also from Rathfarnham.

Although neither driver was hurt in the road traffic accident, the shock of the collision was allegedly responsible for Martina going into early onset labour at thirty-six weeks, and two days later delivering her daughter – Aoife – at the Coombe Hospital in Dublin.

The prematurely delivered Aoife immediately went into respiratory distress and was placed on a ventilator in the hospital´s neo-natal intensive care unit, where she remained critically ill for three weeks until she was able to breathe independently.

After seeking legal advice, Martina Sheehan made a claim for compensation for injuries to a foetus on behalf of her daughter; but insurers for Ms O´Connor denied their policyholder´s liability for Aoife´s injuries claiming that pre-term babies were more pre-disposed to respiratory distress and there was no medical evidence to support the claim that the accident was the cause of Aoife´s premature birth.

Furthermore, the insurers claimed, as Aoife had not yet been born she would be ineligible to receive compensation for injuries to a foetus. Nonetheless, solicitors representing Martina and Aoife pursued the claim and, after a lengthy period of negotiation, a settlement of compensation was agreed that would see Aoife receiving €17,800.

Approving the settlement of compensation for injuries to a foetus, Judge Deery said that Martina and Aoife´s solicitors had done a good job in securing a positive outcome as, in the circumstances, proving liability may have been difficult if the case had gone to trial.

Report Reveals 10 Percent Increase in Compensation Claims to the Injuries Board

Claims to the Injuries Board have increased by 10 percent in the first half of the year according to a report published on the government body´s website.

The analysis of claims to the Injuries Board from January to June 2013 show that the number of applications for the assessment of compensation received by the Injuries Board increased from 14,685 in the corresponding period in 2012 to 16,162 – a rise of just over 10 percent.

The number of assessments accepted by plaintiffs also increased from 5,180 to 5,286, but this represented a significant drop in the percentage of claims to the Injuries Board which were successfully resolved (37.2 percent > 32.7 percent) and indicates that fewer claims for personal injury compensation are being resolved through the Injuries Board process.

The total value of accepted assessments and the average value of each assessment also increased (by 8 percent and 4 percent respectively); however CEO of the Injuries Board in Ireland – Patricia Byron – explained that this was due to a small number of exceptional claims to the Injuries Board – one of which resulted in the highest ever accepted Injuries Board assessment of €976,000.

Once again, claims for injuries sustained in road traffic accidents accounted for the highest proportion of claims to the Injuries Board (75.5 percent), while there was an ongoing reduction in claims for injuries at work (8.1 percent). The remainder of the requests for an assessment of injury compensation were made in respect of public liability claims – injuries sustained in places of public access and product liability claims.

Discussing the increased volume of claims to the Injuries Board and the higher level of injury compensation settlements, Ms Byron warned insurance companies not to use the Injuries Board statistics as an excuse to raise insurance premiums. She said “Given a reduction of 30 percent in the Boards processing fee to respondents [down from €850.00 to €600.00], we see no basis for insurance premium hikes at this time”.

Potential plaintiffs should that while it may still be quicker to resolve a claim for personal injury compensation through direct contact with the negligent party´s insurers, making a claim to the Injuries Board is still necessary (except in claims for medical negligence and professional negligence) in case your claim cannot be resolved by negotiation and requires court action.

Woman to Receive Passenger Compensation for Serious Car Crash Injuries

A woman, who suffered permanent brain damage in a road traffic accident, is to receive 3 million €uros in passenger compensation for serious car crash injuries.

Rhona Murphy from Newcastle, County Galway, suffered life-threatening injuries in February 1999 when she was a front seat passenger in a car which dangerously attempted an undertaking manoeuvre on the Galway to Headford Road.

The driver of the vehicle in which she was travelling lost control of the car and hit another car travelling in the opposite direction, causing Rhona – who was just twenty years of age at the time – to sustain permanent brain damage.

Rhona was lucky to survive the accident, but had to give up her studies to become a teacher because of the brain damage she suffered, and – now thirty-four years of age – is still under medication to help her cope with her loss of memory and loss of balance.

Through her father, Rhona made a claim for passenger compensation for serious car crash injuries against the driver of the vehicle – alleging that they had negligently attempted a dangerous manoeuvre at an excessive speed.

Liability for Rhona´s injuries was accepted by the driver and Ms Justice Mary Irvine at the High Court was told that a settlement of passenger compensation for serious car crash injuries amounting to 3 million €uros had been agreed upon.

Ms Justice Mary Irvine approved the settlement of passenger compensation for serious car crash injuries, commenting that it was a good offer in the circumstances considering that Rhona may have contributed to her injuries by failing to wear a seatbelt and agreeing to be driven by somebody who was under the influence of alcohol.

Quadriplegic Injuries from a Car Accident Settlement Approved

A man left with severe brain damage following a car crash has had a €6.5 million quadriplegic injuries from a car accident approved in the High Court.

Alan Kavanagh, aged 41, from County Wexford, suffered his injuries when he and his daughter were involved in a head-on road traffic accident with a van driven by Liam Toohey from County Tipperary in November 2004.

Mr Kavanagh sustained multiple fractures and brain damage which left him in a quadriplegic condition. He is completely dependent on others for nursing care and assistance, is not able to feed himself and is restricted to a wheelchair. Fortunately, the sole injury sustained by Alan’s daughter in the car crash accident was a broken finger.

At the hearing in the High Court in Dublin, Ms Justice Mary Irvine was advised that Alan had made a compensation claim for quadriplegic injuries through his brother against Mr Toohey and the owner of the van involved in the accident – John Heffernan, a haulage contractor, also of Nenagh, County Tipperary. Liability for Alan´s injuries had been admitted and the case was before the judge for final assessment of damages only.

Ms Justice Mary Irvine was informed that Mr Kavanagh is currently living in a nursing home for senior citizens which is not adequate for his needs; however a compensation settlement of €6.5 million had been mooted which would provide financial security for the rest of Alan’s life and allow him to have the level of assistance he required.

After hearing testimony from Alan’s partner and mother of his daughter – Loretto Power – that the family was content with the quadriplegic injuries from a car accident settlement, Ms Justice Mary Irvine gave the package her approval – saying that it was an good settlement which gave Alan the best opportunity of meeting his future needs.

Scooter Accident Court Compensation Award for Man

A motorcyclist, who sustained terrible physical and psychological injuries after being involved in a head-on crash with a van, has been awarded more than 2 million pounds in compensation for a scooter accident in London´s High Court.

Luke Brock (26) from Croydon, London, was riding his scooter along Norbury Avenue in Thornton Heath in January 2002, when a van travelling in the opposite direction did not notice  Luke make a right turn in front of him and collided head-on.

Luke, who was just 16 years of age at the time of the scooter incident, suffered a fractured right femur, fractures to both wrists, his right ankle and right elbow. His injuries forced him to give up a potential professional football career and his Business Studies Course at Coulsdon College.

London´s High Court was told that, due to the scooter accident, Luke developed severe post-traumatic stress disorder which deteriorated into major depression. Luke began living as a hermit even after his physical injuries were healed and is now dependent on his mother for 24 hour care.

The court also heard that liability for Luke´s injuries had been accepted and that the case was before them for assessment of final damages only. After some consideration, the judges awarded Luke a lump sum of 2.05 million pounds in compensation for scooter accident in London, with a further 50,000 pounds per annum for the rest of his life to enable his family to continue providing his care.

Car Passenger Accident Compensation Settled in Court

A man, who suffered a catastrophic brain injury after the driver of the car in which he was travelling lost control of his vehicle, has had a negotiated settlement of compensation for injured car passenger accident approved in court.

Marc Dallaway (24) from Farnborough, Hampshire, was the front seat passenger in a friend’s car on the A323 Fleet Road, when his friend lost control of the vehicle and hit another car travelling in the opposite direction. The car turned over after the accident and Marc sustained multiple fractures and a catastrophic brain injury as a result of the accident.

Marc’s mother and grandfather made a car crash injury compensation claim on behalf of Marc and the Royal Courts of Justice in London heard that, since the collision in May 2006, Marc has made a better recovery than had been expected but still needs 24 hour care and rehabilitation support – and will do so for the rest of his life.

The Court also heard that the driver had accepted liability for the accident and that Marc had already received a lump sum and interim payments of accident compensation for injured front seat passenger. This had allowed Marc´s family to purchase an appropriate home and provide the care that Marc has required for the past five years.

The final car passenger accident compensation settlement figure was not revealed by the Court, but is anticipated to be above 1 million pounds.

Hit and Run Accident Compensation Tops Four Million Pounds

A cyclist, who suffered catastrophic brain injuries after being the victim of a hit and run accident, has been awarded four million pounds in accident injury compensation by the High Court in London.

Patrice Gougam (55) of Enfield, Middlesex was cycling on the Great North Road (A1000) in November 2009, when he was struck by a Land Rover driver by Michael Elliot (66) of Potters Bar, Hertfordshire. Mr Elliot drove away from the scene and, when he later gave himself up to police, stated that he had no knowledge of the accident.

Patrice, who before his accident was a professional tennis coach, was in a coma for three weeks and spent the next six months in hospital. In total, he remained in hospital for twenty-one months after the hit and run accident and still requires round-the-clock care.

The High Court was told that the hit and run driver was being medically treated for glaucoma and cataracts at the time of the accident and should not have even been driving on that fateful day in November 2009. He was subsequently charged with dangerous driving, for which he was jailed for eight months, and banned from driving for three years.

Revealing the four million pounds award of bike accident injury compensation against Michael Elliot and his insurers, the judge praised Patrice´s wife Virginia, who had managed to work part-time, care for Patrice and find a home with disabled access so that the couple could stay together.

Supermarket Car Park Injury Awarded for Schoolboy

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a supermarket car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident occurred in 2006. Climbing over a supermarket car park fence at the Firhouse Shopping Centre, he caught his leg on a protruding and unsafe nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael´s injuries were so severe that he had to have a double layer of inner flesh stitched together while under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a reminder of his injury.

Liability for the supermarket car park injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the supermarket car park injury compensation offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.

Taxi Accident Girl Awarded 3 Million Pounds

A 22-year-old woman, who suffered severe brain injuries when she was hit by a taxi when only 14 years of age, has had a 3 million pounds compensation settlement approved by the High Court in London.

Vicki Hart was crossing a road in January 2004 when the taxi driver failed to see her due to wet weather conditions and knocked her down. Vicki suffered many injuries including a broken neck, a fractured skull and brain damage which later caused a major stroke. Doctors said that it was likely at the time of the incident that she would die, however Vicki survived her injuries – although now experiencing profound disabilities which mean she requires 24-hour care.

A 3 million pounds brain injury compensation settlement was agreed upon with the insurers of the negligent driver and, in London´s High Court, Judge Mr Justice Spencer said that he had “no hesitation” in approving the compensation agreement – praising both Vicki´s mother, Karen, and her step-father for their commitment and devotion to Vicki.

Wrong Side of Road Car Accident Compensation Settlement Agreed

A pensioner, who received severe injuries when she was involved in a car accident with a foreign driver who was driving on the incorrect side of the road, has settled her car injury compensation claim with the driver´s insurers.

Ann Roberts (79) of Battenhall, Worcestershire, had been travelling between Leominster and Ludlow on the B4361, when French motorist Alain Le Den collided with her because he had been driving on the wrong side of the road.

Ann, a former teacher, had to air lifted to Birmingham´s Selly Oak hospital, where she was treated for several broken bones and a collapsed lung. She also hada brace attached to her skull to assist keeping her neck from sustaining further damage.

Mr Le Den´s French car insurance company agreed with the police reports and Ann´s evidence that their client was negligent and agreed an out-of-court settlement to provide her with car injury compensation for the injuries she sustained in the accident.

PTSD Compensation for Father after Daughter´s Death

A father, whose daughter was killed by a careless driver who had just passed his driving test, has been awarded 25,000 pounds by Cardiff Court of Civil Justice for the psychological injury he suffered due to the fatal accident.

Terence Jones, of Ebbw Vale, Powys, told the court and His Honour Judge Seys Llewellyn QC how the death of his daughter, Louise (16), along with three friends in November 2006 had caused him to suffer Post Traumatic Stress Disorder (PTSD) in the aftermath of the incident.

In a civil case taken against the careless driver – Craig Ramshaw (22) – Mr Jones claimed that he was a secondary victim and was supported in his claim by psychiatrist Dr David Thomas. Dr Thomas gave expert testimony that Mr Jones had required psychiatric treatment since the accident at Llangynidr Moors.

The judge advised Mr Jones that no amount of money could compensate for the loss of a daughter, but agreed with the plaintiff that he had suffered a psychological injury and awarded him personal injury compensation of 25,000 pounds – the settlement to be made by Mr Ramshaw´s car insurance company.

Van Accident Victim Awarded 177,575 Euros

A woman who was hit by a van while crossing a busy Dublin street has been awarded almost 178,000 Euros in van accident victim compensation in the High Court.

Amy McKernan (36) from North Ewington, Oxfordshire, was crossing the street at the junction of Wicklow Street and Clarendon Street on May 7th 2002, when she was struck by a van driven by Yuk Fong from Dublin. The force of the collision threw her onto the bonnet of the vehicle, before she landed on the road surface – sustaining facial and back injuries.

In her van accident victim claim against Mr Fong and the owner of the van – Mr Yau Tsali Li – Amy claimed that the van was driven at excessive speed, as she had seen the van pulling away from the Chinese restaurant outside which it had been parked and felt she still had plenty of time to cross the road.

Yuk Fong and Yau Tsali Li denied the van accident victim claims, and counter-claimed that Amy had contributed to her own injuries by failing to keep a proper lookout. However, as Amy was about to step onto the footpath when the accident happened, Mr. Justice John Quirke at the High Court determined that Amy had established negligence in the driving of the van, whereas the defendants had failed to show that Amy had in any way been responsible for the accident and her injuries.

Car Accident Brain Damaged Mother Wins Multi Million Pound Settlement

A 48-year-old single mother, who was catastrophically injured in a road traffic accident in 2009, has settled her claim with the negligent driver´s insurance company in a settlement which experts believe to be worth many millions of pounds.

The woman, who requested not to be named, was driving along Miles Gray Road in Basildon, Essex, when she was involved in a head on collision with the Ford Ka driven by 76 year old Ernest Bromsgrove. Tragically, the pensioner had suffered a heart attack and lost consciousness as he was driving, and the collision caused in his death.

The anonymous woman was so badly injured that she had to be airlifted to the Queens Hospital in Romford for emergency treatment and now suffers from permanent paralysis on the left hand side of her body and is confined to a wheelchair. Due to the incident, the woman driver also suffers from eyesight problems and has difficulty communicating with her family.

The pensioner´s insurance firm accepted liability for the woman´s injuries and negotiated a personal injury compensation settlement with the victim´s legal representatives. The details of the out of court settlement were not elaborated on however, as it has to provide life time care for the victim. is anticipated to be many millions of pounds.