Tag: PTSD compensation

Emotional Trauma Compensation for a Shopping Centre Incident Awarded

A woman who suffered a psychological injury when she was trapped in a lift has been awarded emotional trauma compensation for a shopping centre incident.

On 31st August 2012, Marie Dicker – a fifty-four year old department store supervisor from Walkinstown in Dublin – was shopping with her son at the Square Shopping Centre in Tallaght, when the couple took the lift to travel down to the ground floor.

Shortly after the lift started to descend it came to a sudden halt. Trapped inside the lift, Marie tried to summon assistance by pressing the alarm button. When she was unable to reach anybody on the intercom, she banged on the lift doors and called for help.

After a few minutes of calling for help, the couple were rescued by a shopping centre security guard. However, despite the incident lasting less than five minutes, being trapped in the lift caused Marie to suffer a recurrence of childhood claustrophobia.

In the months following the shopping centre incident, Marie was unable to go into rooms without leaving the door open behind her. This made it difficult for her to use public toilets or shop fitting rooms, and in other situations Marie found that she became anxious unless she was close to the exit of any room she entered.

Marie sought professional medical help and was diagnosed with an anxiety disorder and depression. She then spoke with a solicitor and subsequently claimed emotional trauma compensation for a shopping centre incident against the shopping centre´s management company and the maintenance company responsible for the upkeep of the lift.

Square Management Ltd and Pickering Lifts Ltd acknowledged that there had been a breach in their duty of care, but disputed how much emotional trauma compensation for a shopping centre incident Marie was claiming. Unable to agree a negotiated settlement, the case went to the High Court for an assessment of damages.

At the hearing Mr Justice Anthony Barr was told that an independent psychiatrist commissioned by the defendants had found no evidence of an anxiety disorder when Marie was examined. However, the judge also heard that, since the incident, Marie has been under the care of a psychologist and has responded well to cognitive behaviour therapy that is expected to last for another eighteen months.

Judge Barr commented he was satisfied that Marie had suffered a psychological injury when she was trapped in the lift caused by a recurrence of childhood claustrophobia. He awarded her €25,060 emotional trauma compensation for a shopping centre incident.

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.

Boy Awarded Compensation for Post-Traumatic Stress Disorder following a Fire

A fourteen-year-old boy has been awarded more than €50,000 compensation for post-traumatic stress disorder following a fire at his family´s home.

In June 2010, Aaron Monds from Kinnegad in County Westmeath was one four siblings rescued from a fire at the family home that had been caused by a faulty Hotpoint dishwasher. Aaron – who was only nine years of age at the time – had been diagnosed as suffering from a mild intellectual disability, and he was deeply traumatised by the fire.

For several years after the incident, Aaron displayed symptoms of obsessive compulsive disorder. He would check and re-check electrical appliances each night to ensure they were switched off and unplugged, developed an irrational fear of fire and would have night terrors about being engulfed in flames.

Aaron´s father – Henry Monds – sought legal advice and on behalf of his son claimed compensation for post-traumatic stress disorder following a fire. Indesit UK Ltd – the manufacturers of the faulty Hotpoint dishwasher – acknowledged liability for the appliance being responsible for the fire and, by proximate cause, admitted liability for Aaron´s traumatic response.

As the Injuries Board does not assess psychological injuries, a hearing took place at the High Court before Mr Justice Bernard Barton to assess how much compensation for post-traumatic stress disorder following a fire Aaron was entitled to.

At the hearing, Judge Barton was told that Aaron still had anxiety attacks about another fire in the family home but that his condition had improved after years of therapy. The judge accepted medical evidence that Aaron´s condition would now be described as residual symptoms of a post-traumatic stress disorder rather than obsessive compulsive behaviour.

The judge awarded Aaron €51,244 compensation for post-traumatic stress disorder following a fire and ordered that the settlement be paid into court funds until Aaron reaches the age of eighteen.

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.

Post Traumatic Stress Compensation Offered to Airplane Crash Survivors

Survivors of the San Francisco airplane crash last month have been offered $10,000 post traumatic stress compensation from the airline company.

Three passengers died in the crash at San Francisco International Airport on July 6th, when a Boeing 777 carrying passengers from Seoul misjudged the height of a seawall on the perimeter of the airport and crash-landed on the runway. Forty-nine of the 181 passengers taken to hospital that day still remain in a serious condition, with doctors fearing that the spinal injuries suffered by some could become a permanent disability.

The offer of post traumatic stress compensation offered by Asiana Airlines will be paid to all of the 288 survivors who were travelling on the plane – whether they suffered a physical injury or not – and is not conditional on passengers waiving their right to claim further personal injury compensation for a plane crash under the terms of the Montreal Convention.

Under the Montreal Agreement, any airline carrier is automatically liable for injuries sustained by a passenger while travelling on an airplane, however US citizens will be entitled to far higher settlements of compensation due to their own national legislation than other nationalities once the investigation by the US National Transportation Safety Board (USNTSB) into the cause of the crash is completed.

Final settlements of plane crash injury compensation may take many months to determine, for as well as the possibility of spine injuries deteriorating into a permanent disability, it may be the case that passengers may be eligible for further payments of post traumatic stress compensation if a high degree of psychological injury is diagnosed once the USNTSB´s investigation is completed.

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.