Category Archives: «Car Accidents»
A total of €37,500 compensation for car accident injuries has been awarded to two plaintiffs injured in the same accident by the Circuit Civil Court.
In November 2013, the two plaintiffs were travelling along the M1 in a recently-purchased Toyota, when the sun roof of their car blew off. Alarmed at the unexpected noise – described as being “like a bomb going off in the car” – the driver of the Toyota braked sharply, causing all five adult occupants of the car to suffer whiplash-type injuries due to the unexpected deceleration.
The driver of the car and her 72-year-old mother claimed compensation for car accident injuries against the company from which it had been purchased – Denis Mahony Limited of Kilbarrack Road in Dublin. They alleged in their legal act that their injuries were directly attributable to a fault with the sun roof that should have been identified in a pre-sale inspection.
The car dealership denied the sun roof was faulty and contested the claims for compensation for car accident injuries. However, at the Circuit Civil Court, Mr Justice Raymond Groarke heard from an independent car assessor, who found extensive corrosion of the remaining framework of the sun roof and testified the corrosion had made the car unsafe to drive and should have been identified before it was sold to the driver.
Judge Groarke also heard that the five adult occupants and two children in the car had been travelling to Newry for a pre-Christmas shopping expedition at the time of the accident. The driver had subsequently pulled in to an AppleGreen packing station and stuck a plastic sack over the fuckhole in the roof, but the shopping tour had to be abandoned.
The judge said he accepted the sun roof flying off would have been a horrifying practice assuming that the car was travelling at 80-90kmph, and added he understood why the driver had applied the brakes so sharply. He found in favour of the plaintiffs and awarded the driver of the car €12,500 and her mother €25,000 compensation for car accident injuries.
Settlement of Brain Injury Claim for Compensation Approved in Court
A settlement of a brain injury claim for compensation has been approved in the High Court in favour of a twenty-five year old man from County Longford.
On twenty seven th January 2009, Francis Smith from Edgeworthstown in County Longford was driving along a local road when he had to manoeuvre out of the way of a car heading directly towards him. As Francis took evasive activity to avoid a collision with the car, he crashed into the back of a council lorry that was parked ahead of some roadworks.
Francis, who was eighteen years of age at the time and who held full-time employment at a local factory, sustained devastating brain harm in the accident. As a result of his injuries, Francis has cognitive and physical issues. He is no longer able to work or live independently, and is cared for at the family home by his mother, Martina Dempsey.
On Francis´ behalf, Martina made a brain injury claim for compensation against Longford County Council. She alleged in her claim that the council had been negligent by failing to give adequate warning of the roadworks by means of bollards or warning signs, and that there was no flagman in place to warn oncoming traffic of the obstruction in the road.
While requesting a settlement of a brain injury claim for compensation, Martina alleged that the lorry into which Francis had crashed was parked in such a way that it protruded extensively into the road. Due to the proximity of the roadworks to a arch in the road, the lorry, it was claimed, was a danger to other road users.
Longford County Council denied its liability for Francis´ brain injuries. The council counter-claimed that Francis had significantly contributed to the cause of the accident by his own contributory negligence and had been driving too quick into the arch in the road. However, at the High Court, Mr Justice Kevin Cross heard that a €750,000 settlement of the brain injury claim for compensation had been agreed inbetween the two parties.
After noting that the settlement of the brain injury claim for compensation represented 25% of the total value of the claim, Judge Cross approved the settlement. The judge commented in his closing remarks that the settlement was a good one in the circumstances and he wished Francis all the best for the future.
Claim against Mother for Injuries in a Car Crash Resolved at Court
A teenage girl´s claim against her mother for injuries in a car crash has been resolved at court with the approval of a €1.Three million compensation settlement.
On twenty six th November 2005, Beth Cullen (then just six years of age) was badly injured in a car crash on the dangerous “Nine Bends” open up of the N11 near Ballinameesda. As a consequence of the car crash, Beth – from Kilmacanogue in County Wicklow – lost the use of her left eye, became deaf in her left ear and also lost her sense of smell.
On his daughter´s behalf, William Cullen made a compensation claim against her mother – Caroline Barrett – who had been driving the family car when the car crash happened and who was considered responsible for causing the accident.
In the claim against the mother for injuries in a car crash it was alleged that Barrett had failed to steer, stop, swerve or manage the car prior to the accident. It was also alleged that, through her deeds, Barrett failed to have any or any adequate regard for the safety of her daughter.
Liability was conceded by Barrett´s insurance company, and a €1.Trio million settlement of the claim against the mother for injuries in a car crash was negotiated. As the legal activity had been taken on behalf of a minor, the negotiated settlement had to be approved at the High Court to ensure it was in Beth´s best interests.
The approval hearing took place at the beginning of last week before Mr Justice Kevin Cross. Judge Cross heard about the circumstances of the accident and the injuries that Beth had sustained. After being told that Beth was doing well at school despite her diminished senses of view and hearing, Judge Cross approved the settlement and wished Beth well for the future.
Judge Awards Numerous Compensation Settlements for an SUV Accident
A judge at the Limerick Circuit Court has awarded numerous compensation settlements for an SUV accident in which a driver and three passengers were injured.
Mary O´Reilly was driving her husband´s SUV from Charleville in County Cork to Rathkeale on eighteen th October 2011, when the vehicle was rear-ended by a rental van driver by Rathkeale resident Jeremiah O´Brien. Several days after the accident, Mary and her three female passengers commenced to practice anguish from soft tissue injuries they had sustained in the accident.
The four women claimed injury compensation from the driver of the rental van, the company from which it had been hired – Enterprise Rent a Car – and the Motor Insurers Bureau of Ireland (MIBI). Mary´s hubby – William O´Reilly – also claimed compensation for the property harm to his SUV –
Enterprise Rent-a-Car and MIBI contested the claim on the grounds that the circumstances of the accident did not stand up to scrutiny. The defendants alleged that Jeremiah O´Brien and William O´Reilly were known to each other, and that when the Gardai attended the scene of the accident, no property harm was recorded.
As consent for the Injuries Board to assess the compensation settlements for an SUV accident was denied, the case went to Limerick Circuit Court, where it was heard by Judge Karen Fergus. Judge Fergus was told that, albeit William O´Reilly´s parents had lived near Jeremiah O´Brien´s parents, the two fellows had only met once before.
Judge Fergus also heard about the various injuries that had been sustained by Mary and her passengers, and that one of the passengers – Lisa O´Reilly had already lodged her claim out of court. The judge awarded numerous compensation settlements for an SUV accident to Mary O´Reilly (€7,500), Caitriona McDonagh (€10,000) and Breda McCarthy (€12,000). William O´Reilly was also awarded €4,800 for the property harm to his SUV.
Compensation Awards made by the High Court under Attack
A representative of the motor insurance industry has claimed that judges need educating about who pays for compensation awards made by the High Court.
The attack on compensation awards made by the High Court was made by Conor Faughan from AA Ireland, who was responding to the news that the average value of High Court individual injury settlements had enhanced from €227,000 in two thousand thirteen to €304,000 last year.
Mr Faughan said there was a need for judges to be educated so that they would understand that compensation awards made by the High Court are paid for by the country´s two million drivers. Albeit not stringently true (few road traffic accident claims are resolved in the High Court), Mr Faughan pointed out that the average value of assessments conducted by the Injuries Board had remained constant during the same period at around €22,600.
It has also been suggested that the increase in the average value of compensation awards made by the High Court could be due to switches made under the Courts and Civil Law Act 2013, which spotted the minimum potential compensation level at which cases would be heard by the High Court from €38,092 to €60,000. Some observers believe that High Court judges are awarding a minimum compensation settlement of €60,000 when – prior to the increase – they would have awarded less.
Dorothea Dowling – founding chairperson of the Injuries Board, and the chair of the Motor Insurance Advisory Board – believes that plaintiffs are shunning Injuries Board assessments for higher compensation awards made by the High Court. Ms Dowling told the Independent: “The Department of Justice was forewarned well in advance. This is what happens when you increase the thresholds of the lower courts – it sends out the message that €38,000 is puny money.”
Whereas Ms Dowling has a point, it is not a point that everybody shares. Earlier this year (In McGarry v McGarry) Mr Justice Bernard Barton criticised the government for not updating the injury compensation values published in the Book of Quantum since 2004. During the case, Judge Barton acknowledged that for all practical purposes the Book of Quantum was being disregarded by the courts because it was so out of date and commented “it is unquestionably in the interests of the decent administration of justice that the Book be reviewed and be kept updated to decently reflect [compensation awards made by the High Court]”.
Hit and Run Injury Claim Lodged with Split Liability
A hit and run injury claim has been lodged during a break in proceedings on the very first day of a hearing after an agreement was reached on the division of liability.
Anthony Driver (25) from Enniskerry in County Wicklow made his hit and run injury claim after being run over by an unidentified car at the junction of Sidmonton Avenue and Meath Road in Bray on two nd November 2012.
Anthony – who was on his way to meet a friend to get a lift home – remembers that the unidentified car pulled over after hitting him, but then drove off again without calling for help or suggesting assistance.
It was only when Anthony was found lounging injured in the street by a Garda that he was taken to hospital where he was treated for a fractured spine, fractured ribs, a lacerated liver and various internal injuries.
Anthony remained in hospital for none days – four of them in intensive care. After his discharge from hospital he experienced difficulty eating for some time and he still suffers from anguishes in his back.
As the driver of the car that struck Anthony could not be traced, Anthony´s hit and run injury claim was made against the Motor Insurers´ Bureau of Ireland (MIBI) – the figure that are responsible for paying injury compensation when the proprietor of a vehicle cannot be traced or is uninsured.
The MIBI disputed liability for Anthony´s hit and run injury claim as the Garda who found Anthony had described him as “grossly intoxicated”, and the insurers´ bureau said that Anthony was likely responsible for his injuries due to his own lack of care.
As liability for Anthony´s hit and run injury claim was disputed, the Injuries Board issued Anthony with an authorisation to permit the option of court act. The case went to the High Court last week where it was heard by Mr Justice Nicholas Kearns.
At the hearing, Anthony admitted to Judge Kearns that he was intoxicated at the time of the accident. The MIBI repeated their argument that, because of his condition, Anthony should accept some level of liability for his injuries.
Discussions regarding a negotiated settlement embarked as the court was adjourned for lunch. On Judge Kearns´ comeback, he was informed that Anthony had agreed to an undisclosed settlement of his hit and run injury claim after accepting 75% contributory negligence.
Judge Awards Compensation for a Pedestrian Hit by Car
Car Accidents, Injury Compensation News
Category Archives: «Car Accidents»
A total of €37,500 compensation for car accident injuries has been awarded to two plaintiffs injured in the same accident by the Circuit Civil Court.
In November 2013, the two plaintiffs were travelling along the M1 in a recently-purchased Toyota, when the sun roof of their car blew off. Alarmed at the unexpected noise – described as being “like a bomb going off in the car” – the driver of the Toyota braked sharply, causing all five adult occupants of the car to suffer whiplash-type injuries due to the unexpected deceleration.
The driver of the car and her 72-year-old mother claimed compensation for car accident injuries against the company from which it had been purchased – Denis Mahony Limited of Kilbarrack Road in Dublin. They alleged in their legal act that their injuries were directly attributable to a fault with the sun roof that should have been identified in a pre-sale inspection.
The car dealership denied the sun roof was faulty and contested the claims for compensation for car accident injuries. However, at the Circuit Civil Court, Mr Justice Raymond Groarke heard from an independent car assessor, who found extensive corrosion of the remaining framework of the sun roof and testified the corrosion had made the car unsafe to drive and should have been identified before it was sold to the driver.
Judge Groarke also heard that the five adult occupants and two children in the car had been travelling to Newry for a pre-Christmas shopping expedition at the time of the accident. The driver had subsequently pulled in to an AppleGreen packing station and stuck a plastic sack over the fuckhole in the roof, but the shopping tour had to be abandoned.
The judge said he accepted the sun roof flying off would have been a horrifying practice assuming that the car was travelling at 80-90kmph, and added he understood why the driver had applied the brakes so sharply. He found in favour of the plaintiffs and awarded the driver of the car €12,500 and her mother €25,000 compensation for car accident injuries.
Settlement of Brain Injury Claim for Compensation Approved in Court
A settlement of a brain injury claim for compensation has been approved in the High Court in favour of a twenty-five year old man from County Longford.
On twenty seven th January 2009, Francis Smith from Edgeworthstown in County Longford was driving along a local road when he had to manoeuvre out of the way of a car heading directly towards him. As Francis took evasive act to avoid a collision with the car, he crashed into the back of a council lorry that was parked ahead of some roadworks.
Francis, who was eighteen years of age at the time and who held full-time employment at a local factory, sustained devastating brain harm in the accident. As a result of his injuries, Francis has cognitive and physical issues. He is no longer able to work or live independently, and is cared for at the family home by his mother, Martina Dempsey.
On Francis´ behalf, Martina made a brain injury claim for compensation against Longford County Council. She alleged in her claim that the council had been negligent by failing to give adequate warning of the roadworks by means of bollards or warning signs, and that there was no flagman in place to warn oncoming traffic of the obstruction in the road.
While requesting a settlement of a brain injury claim for compensation, Martina alleged that the lorry into which Francis had crashed was parked in such a way that it protruded extensively into the road. Due to the proximity of the roadworks to a arch in the road, the lorry, it was claimed, was a danger to other road users.
Longford County Council denied its liability for Francis´ brain injuries. The council counter-claimed that Francis had significantly contributed to the cause of the accident by his own contributory negligence and had been driving too rapid into the arch in the road. However, at the High Court, Mr Justice Kevin Cross heard that a €750,000 settlement of the brain injury claim for compensation had been agreed inbetween the two parties.
After noting that the settlement of the brain injury claim for compensation represented 25% of the utter value of the claim, Judge Cross approved the settlement. The judge commented in his closing remarks that the settlement was a good one in the circumstances and he wished Francis all the best for the future.
Claim against Mother for Injuries in a Car Crash Resolved at Court
A teenage girl´s claim against her mother for injuries in a car crash has been resolved at court with the approval of a €1.Three million compensation settlement.
On twenty six th November 2005, Beth Cullen (then just six years of age) was badly injured in a car crash on the dangerous “Nine Bends” open up of the N11 near Ballinameesda. As a consequence of the car crash, Beth – from Kilmacanogue in County Wicklow – lost the use of her left eye, became deaf in her left ear and also lost her sense of smell.
On his daughter´s behalf, William Cullen made a compensation claim against her mother – Caroline Barrett – who had been driving the family car when the car crash happened and who was considered responsible for causing the accident.
In the claim against the mother for injuries in a car crash it was alleged that Barrett had failed to steer, stop, swerve or manage the car prior to the accident. It was also alleged that, through her deeds, Barrett failed to have any or any adequate regard for the safety of her daughter.
Liability was conceded by Barrett´s insurance company, and a €1.Three million settlement of the claim against the mother for injuries in a car crash was negotiated. As the legal act had been taken on behalf of a minor, the negotiated settlement had to be approved at the High Court to ensure it was in Beth´s best interests.
The approval hearing took place at the beginning of last week before Mr Justice Kevin Cross. Judge Cross heard about the circumstances of the accident and the injuries that Beth had sustained. After being told that Beth was doing well at school despite her diminished senses of look and hearing, Judge Cross approved the settlement and wished Beth well for the future.
Judge Awards Numerous Compensation Settlements for an SUV Accident
A judge at the Limerick Circuit Court has awarded numerous compensation settlements for an SUV accident in which a driver and three passengers were injured.
Mary O´Reilly was driving her husband´s SUV from Charleville in County Cork to Rathkeale on eighteen th October 2011, when the vehicle was rear-ended by a rental van driver by Rathkeale resident Jeremiah O´Brien. Several days after the accident, Mary and her three female passengers embarked to practice agony from soft tissue injuries they had sustained in the accident.
The four women claimed injury compensation from the driver of the rental van, the company from which it had been hired – Enterprise Rent a Car – and the Motor Insurers Bureau of Ireland (MIBI). Mary´s spouse – William O´Reilly – also claimed compensation for the property harm to his SUV –
Enterprise Rent-a-Car and MIBI contested the claim on the grounds that the circumstances of the accident did not stand up to scrutiny. The defendants alleged that Jeremiah O´Brien and William O´Reilly were known to each other, and that when the Gardai attended the scene of the accident, no property harm was recorded.
As consent for the Injuries Board to assess the compensation settlements for an SUV accident was denied, the case went to Limerick Circuit Court, where it was heard by Judge Karen Fergus. Judge Fergus was told that, albeit William O´Reilly´s parents had lived near Jeremiah O´Brien´s parents, the two guys had only met once before.
Judge Fergus also heard about the various injuries that had been sustained by Mary and her passengers, and that one of the passengers – Lisa O´Reilly had already lodged her claim out of court. The judge awarded numerous compensation settlements for an SUV accident to Mary O´Reilly (€7,500), Caitriona McDonagh (€10,000) and Breda McCarthy (€12,000). William O´Reilly was also awarded €4,800 for the property harm to his SUV.
Compensation Awards made by the High Court under Attack
A representative of the motor insurance industry has claimed that judges need educating about who pays for compensation awards made by the High Court.
The attack on compensation awards made by the High Court was made by Conor Faughan from AA Ireland, who was responding to the news that the average value of High Court private injury settlements had enlargened from €227,000 in two thousand thirteen to €304,000 last year.
Mr Faughan said there was a need for judges to be educated so that they would understand that compensation awards made by the High Court are paid for by the country´s two million drivers. Albeit not stringently true (few road traffic accident claims are resolved in the High Court), Mr Faughan pointed out that the average value of assessments conducted by the Injuries Board had remained stable during the same period at around €22,600.
It has also been suggested that the increase in the average value of compensation awards made by the High Court could be due to switches made under the Courts and Civil Law Act 2013, which spotted the minimum potential compensation level at which cases would be heard by the High Court from €38,092 to €60,000. Some observers believe that High Court judges are awarding a minimum compensation settlement of €60,000 when – prior to the increase – they would have awarded less.
Dorothea Dowling – founding chairperson of the Injuries Board, and the chair of the Motor Insurance Advisory Board – believes that plaintiffs are shunning Injuries Board assessments for higher compensation awards made by the High Court. Ms Dowling told the Independent: “The Department of Justice was forewarned well in advance. This is what happens when you increase the boundaries of the lower courts – it sends out the message that €38,000 is petite money.”
Whereas Ms Dowling has a point, it is not a point that everybody shares. Earlier this year (In McGarry v McGarry) Mr Justice Bernard Barton criticised the government for not updating the injury compensation values published in the Book of Quantum since 2004. During the case, Judge Barton acknowledged that for all practical purposes the Book of Quantum was being disregarded by the courts because it was so out of date and commented “it is unquestionably in the interests of the decent administration of justice that the Book be reviewed and be kept updated to decently reflect [compensation awards made by the High Court]”.
Hit and Run Injury Claim Lodged with Split Liability
A hit and run injury claim has been lodged during a break in proceedings on the very first day of a hearing after an agreement was reached on the division of liability.
Anthony Driver (25) from Enniskerry in County Wicklow made his hit and run injury claim after being run over by an unidentified car at the junction of Sidmonton Avenue and Meath Road in Bray on two nd November 2012.
Anthony – who was on his way to meet a friend to get a lift home – remembers that the unidentified car pulled over after hitting him, but then drove off again without calling for help or suggesting assistance.
It was only when Anthony was found lounging injured in the street by a Garda that he was taken to hospital where he was treated for a fractured spine, fractured ribs, a lacerated liver and various internal injuries.
Anthony remained in hospital for none days – four of them in intensive care. After his discharge from hospital he experienced difficulty eating for some time and he still suffers from agonies in his back.
As the driver of the car that struck Anthony could not be traced, Anthony´s hit and run injury claim was made against the Motor Insurers´ Bureau of Ireland (MIBI) – the assets that are responsible for paying injury compensation when the possessor of a vehicle cannot be traced or is uninsured.
The MIBI disputed liability for Anthony´s hit and run injury claim as the Garda who found Anthony had described him as “grossly intoxicated”, and the insurers´ bureau said that Anthony was likely responsible for his injuries due to his own lack of care.
As liability for Anthony´s hit and run injury claim was disputed, the Injuries Board issued Anthony with an authorisation to permit the option of court act. The case went to the High Court last week where it was heard by Mr Justice Nicholas Kearns.
At the hearing, Anthony admitted to Judge Kearns that he was intoxicated at the time of the accident. The MIBI repeated their argument that, because of his condition, Anthony should accept some level of liability for his injuries.
Discussions regarding a negotiated settlement commenced as the court was adjourned for lunch. On Judge Kearns´ come back, he was informed that Anthony had agreed to an undisclosed settlement of his hit and run injury claim after accepting 75% contributory negligence.