Personal Injury Compensation

Pedestrian Accident Compensation

Claims for pedestrian accident compensation cover a wide variety of events. Pedestrian injuries which result from a slip, trip or fall in the street can have serious long term effects – more so those which are sustained when hit by a moving vehicle while crossing the road. In order to ensure that you receive your full entitlement to pedestrian accident compensation when you have been injured in an accident for which you were not to blame, call our freephone Legal Advice Centre and discuss the circumstances of your pedestrian accident directly with an experienced Irish solicitor.

Judge Approves Compensation for Injuries in Car Park Accident

February 2nd, 2015. By Compensation News.

A High Court judge has approved a €1 million settlement of compensation for injuries in a car park accident in favour of a man who allegedly suffered a brain injury in a fall.

On December 10, 2007, James O´Sullivan (32) was walking through the Muddy Hill Car Park in Mallow, County Cork, when he tripped on a base unit supporting the fence at the boundary of the car park and fell between 12 and 20 feet onto wasteland below.

James – also from Mallow in County Cork – was taken unconscious to Mallow General Hospital before being later transferred to Cork University Hospital for treatment to a head injury. Since the accident, James alleges he has suffered a profound neurological impairment which includes forgetfulness, post-traumatic epilepsy and post-traumatic stress disorder.

After seeking legal advice, James claimed compensation for his injuries in the car park accident on the grounds that a lack of lighting at night made the car park unsafe and dangerous, and that he had been unnecessarily exposed to the risk or injury, damage and loss.

The four defendants against whom the claim for compensation was made – Mallow Town Council, Denis Murphy, Kilpatrick Civil Engineering Ltd, and Groundworks – each denied their liability for James´ accident and contested the extent of his injuries.

The case proceeded to the High Court, where it was heard before Mr Justice Kevin Cross. Despite the four defendants not admitting to liability, the judge heard that an offer of settlement had been made amounting to €1 million compensation for injuries in a car park accident and that James was prepared to accept it.

The judge approved the €1 million settlement – saying it was a good one in the circumstances as there was a risk that, if the case proceeded and the defendants´ contention was accepted, James might not receive such a substantial settlement of compensation for injuries in a car park accident.

Pedestrian Injury Compensation Reduced by 60% due to Contributory Negligence

December 29th, 2014. By Compensation News.

An award of pedestrian injury compensation has been reduced by a High Court judge in Belfast due to the plaintiff´s contributory negligence.

On 26th September 2010, Stacey McCaughey (24) was walking home with some friends along the Carrickmannon Road in Ballygowan after an evening out at the nearby Chestnut Inn. Due to the volume of alcohol that had been consumed, the group swayed and staggered along the unlit road unaware of any potential danger they may be in.

A car driven by Brian Mullan suddenly appeared in front of the group and, due to their confused state, they were unable to move out of the vehicle´s path. Mullan swerved to avoid hitting the group of friends but hit Stacey – sending her over the roof of the car and back onto the road.

Stacey was rushed to hospital where she remained in intensive care for four days while receiving treatment for a frontal lobe contusion, a spinal injury and multiple fractures. Since her discharge from hospital, Stacey suffers from headaches, moods swings and memory loss, and has significant facial scarring.

Stacey made a claim for pedestrian injury compensation against Mullan, claiming that he was driving too fast to avoid hitting her. Mullan disputed the claim on the basis that the group had been wandering aimlessly across the road with no regard for their own safety.

A forensic engineer verified Mullan´s version of events that he hit Stacey as he swerved to avoid other members of the group, while police who attended the scene confirmed that the driver had been sober at the time of the accident.

The claim for pedestrian injury compensation went to the Belfast High Court, where it was heard before Mr Justice O´Hara. The judge found in Stacey´s favour on the grounds that Mullan had been driving too fast along the unlit road, but also found Stacey negligent and partly responsible for her injuries.

Delivering his verdict, the judge said that Stacey had failed to look after her own safety “by walking in the middle of a dark, unlit road while drunk and incapable of being alert to traffic”. He said that had she not contributed to the cause of her injuries, he would have awarded her £110,000; however he was reducing the award of pedestrian injury compensation by 60 percent to £44,000 to account for her contributory negligence.

Injury Compensation for Refuse Lorry Accident Awarded in Court

August 22nd, 2014. By Compensation News.

A County Wicklow man has been awarded almost €5 million injury compensation for a refuse lorry accident which left him with a fractured skull.

Padraig Hearns (39) – a former Mr Ireland – was having a night out in Dublin on 23rd April 2007, when he was attacked in the city´s Temple Bar area and left lying in the road on Sycamore Street. As Padraig lay on the cobbled street, he was run over by a Dublin City Council refuse lorry and suffered a fractured skull, broken arm and eye injuries.

Padraig from Hollywood in County Wicklow was taken to hospital by ambulance, where he was put into an induced coma. He remained in hospital for several months and underwent several surgeries for his injuries; however, due to the brain damage he suffered in the accident, Padraig – who used to work for British Airways as a first class air steward – will never be able live an independent life or work again.

On Padraig´s behalf, his parents made a claim against Dublin City Council for injury compensation for the refuse lorry accident. Dublin City Council denied its liability for Padraig´s injuries and said that the refuse lorry operators could not be held responsible for Padraig being attacked or lying in the road in front of their lorry.

With no agreement reached, the case went to the High Court where it was heard before Mr Justice Michael Peart. Judge Peart was told that Dublin City Council had broken its own by-laws – implemented just three months earlier – by collecting rubbish in Temple Bar between the hours of 12:00pm and 6:00pm and that, had they not done so, Padraig would not have suffered such tragic injuries.

Judge Peart also noted that the operators of the refuse lorry had a duty of care to have one of their team outside of the lorry moved from premises to premises to ensure it was safe to do so. The judge considered that the refuse lorry operators had breached their duty of care by failing to do this and, if they had, they would have seen see Padraig lying in the path of their vehicle.

The judge awarded Padraig €4,885,888 injury compensation for the refuse lorry accident, which included €266,341 for loss of earnings, €350,000 for past and present pain and suffering, €155,230 for care expenses to date, and €3,485,000 for care expenses in the future. Legal costs were awarded against Dublin City Council.

Student to Receive €9 million Compensation for being Hit by a Bus

May 6th, 2014. By Compensation News.

A student from Spain is to receive €9 million compensation for being hit by a bus after an assessment of his settlement was approved in the High Court.

Carlos Tesch was just twelve years of age when, on 4th February 2009, he was walking along Herbert Road in Bray, County Wicklow, with some fellow Spanish students. A group of youths who had previously been verbally abusive approached the students, and Carlos ran across into the street in order to avoid them.

As he ran out from the pavement, Carlos was hit by a bus coming up the road from behind him, and he suffered serious head injuries including a fractured skull. Due to his catastrophic injuries, Carlos is now unable to speak and can only walk a few steps unaided.

Through his father – Hans Tesch – Carlos claimed compensation for being hit by a bus against Dublin Bus – – the operators of the Bray service. Dublin Bus denied their liability for the boy´s injury, arguing that the driver of the bus could not have foreseen the teenager running out from the pavement.

However, a High Court ruling last year found Dublin Bus 70% liable for Carlos´ injuries as the driver had been distracted by talking with a passenger shortly before the accident occurred. The High Court verdict was appealed to the Supreme Court; but judges upheld the original decision and the compensation claim for being hit by a bus was returned to the High Court for the assessment of damages.

At the High Court, Ms Justice Mary Irvine heard that a €9 million settlement of compensation for being hit by a bus had been agreed, and the case was before her for the approval of the settlement. The circumstances of Carlos´ accident were related to the judge, and she also heard how Hans Tesch had given up his full-time job to care for his son.

After hearing that Carlos´ father had twice taken him to China for stem cell treatment, and that Carlos was able to attend the Spanish Institute during school hours, Ms Justice Mary Irvine approved the settlement; stating that she was aware of the sacrifices made by parents when their children are catastrophically injured.

Claim for an Accident on Public Transport Premises Resolved in Court

February 5th, 2014. By Compensation News.

A woman´s claim for an accident on public transport premises has been resolved after a hearing at the High Court in Dublin.

Ciara Morgan from Kentstown in County Meath claimed to have sustained a broken ankle and a back injury due to slipping on ice at Connolly Station in Dublin on 10th December 2010, when she was returning from a Christmas shopping trip in Belfast with her mother.

In her action against Irish Rail, Ciara said that the platform at which the train stopped had been exposed to the elements throughout the day and the railway company had failed to grit the platform, clear the snow before it had compacted, or give any warning of ice on the platform.

Irish Rail acknowledged its liability for Ciara´s broken ankle, but contested the amount that was being claimed – arguing that the back problems Ciara claimed to have developed as a result of her accident were unrelated to her accident on public transport premises.

Consequently, the Injuries Board issued thirty-two year old Ciara with an Authorisation to pursue her claim in court, and the compensation claim for an accident on public transport premises was heard at the High Court before Ms Justice Bronagh O’Hanlon for the assessment of damages only.

At the High Court the judge heard how, after the slip and fall accident, an Irish Rail worker had tried to assist Ciara by placing her in a shopping trolley – which had subsequently toppled over as he tried to manoeuvre it on the icy conditions.

Judge O´Hanlon also heard evidence that Ciara´s broken ankle prevented her from returning to her job as a clerical assistant at the Health Service Executive work for eight weeks, but that her ongoing back injury prevented her from wearing high heels or being able to pick up her young child.

The judge awarded Ciara €50,000 in settlement of her compensation claim for an accident on public transport premises after Ciara told her “I will never get that Christmas back when my first child was three years of age. It was a horrible time for all my family.”

Injuries Board Compensation Settlements Increase by 8 Percent

October 5th, 2013. By Compensation News.

The value of Injuries Board compensation settlements has increased by more than 8 percent according to the six-month analysis published on the Injuries Board website.

Figures recently published on the Injuries Board website have shown an increase of more than 8 percent in the value of Injuries Board compensation settlements awarded during the first six months of 2013 in comparison with the corresponding period last year.

More than €118 million was awarded in Injuries Board compensation settlement up to June 2013, compared with €109 million in 2012, with the average settlement value also increasing (by 4 percent) to €22,349 from €21,049.

The analysis also showed a major increase in the number of applications for assessment received by the Injuries Board (16,162 – up from 14,685) and the length of time it now takes for Injuries Board compensation settlements to be processed.

Explaining the increase in Injuries Board compensation settlements, Patricia Byron – CEO of the Injuries Board – said that there had been a higher than usual volume of claims for road traffic injury compensation and a few small exceptional awards – including one for €976,000.

The proportion of Injuries Board compensation settlements awarded for road traffic accidents accounted for more than three-quarters of the accepted settlements, while less than a fifth were for public liability claims, and compensation awards for injuries at work fell once again to just under a twelfth of all applications for assessment received by the Injuries Board.

One statistic that might be of concern to Ms Byron is that the number of accepted assessments made by the Injuries Board fell once again. In the first six months of 2012, 37.2 percent of proposed Injuries Board compensation settlements were accepted by plaintiffs whereas, up to June 213, that figure had declined to 32.7 percent.

Despite more than two-thirds of personal injury claims for compensation now being resolved outside of the Injuries Board process, plaintiffs are still advised to submit applications for assessment to the Injuries Board with the assistance of a solicitor to ensure that your full entitlement to personal injury compensation is accounted for.

Luas Accident Compensation Approved in Court

May 25th, 2012. By Compensation News.

A settlement of Luas accident compensation has been approved in court almost five years after the accident occurred.

Derek Cross, aged 52, of Clondalkin, Dublin, was crossing the Naas dual carriageway in order to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am following a golf outing with friends.

As he crossed the road to reach the Red Cow Hotel taxi stop, Derek was struck by a Luas tram arriving from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has resulted in Derek only being able to walk with the help of crutches and unable to work.

Derek made a claim for Luas accident compensation against the Luas tram service operators, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take reasonable steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.

Ms Justice Mary Irvine at the High Court heard that the defendants had refuted the claims based on Derek´s significant contribution to his injuries due to his intoxicated state. However, an out-of-court settlement of 650,000 Euros had been negotiated which was before her for approval.

Approving the settlement for Luas accident compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas accident compensation had gone to trial there was a risk of losing the case.


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