Personal Injury Compensation

Archive for October, 2013

Girl Receives Compensation for Prenatal Injuries Caused by Car Accident Two Days before her Birth

October 12th, 2013. By Compensation News.

A teenage girl is to receive compensation for prenatal injuries caused by a car accident after suffering from respiratory distress syndrome when she was born prematurely two days later.

Martina Sheehan was driving the family car along Templeroan Road in Dublin on 13th April 1999 when she was in collision with a car driven by Elaine O´Connor – also from Rathfarnham. Neither woman was hurt in the accident, but two days later, Martina – who was thirty-six weeks pregnant – went into early onset labour and gave birth to a daughter – Aoife.

As soon as Aoife was born, she suffered from respiratory distress syndrome and was transferred to the Coombe Hospital´s neo-natal intensive care unit, where she was placed on a ventilator and given medication to help her breathe independently. Aoife remained in the intensive care unit for three weeks, during which time she was critically ill.

After seeking legal advice, Martina Sheehan made a claim for compensation for prenatal injuries caused by a car accident on behalf of her daughter; alleging that had the accident not occurred she would not have gone into labour at thirty-six weeks, Aoife would not have been born prematurely and she would not have suffered respiratory distress syndrome.

Insurers for Elaine O´Connor denied their client´s liability for Aoife´s injuries, claiming that there was no medical evidence to support the claim that the collision had directly been responsible for the premature birth, that pre-term babies were more pre-disposed to respiratory distress and, as the accident had happened before Aoife was born, Aoife was ineligible to receive compensation for prenatal injuries caused by the car accident.

However, solicitors representing Martina and Aoife continued with the claim and, after a prolonged period of negotiation, a settlement of compensation for prenatal injuries caused by a car accident was agreed that would see Aoife receiving €15,000 in general damages with a further €2,800 in special damages to account for the financial expenses that Aoife´s parents had incurred.

Approving the settlement, Judge Deery said that the solicitors representing Martina and Aoife had done a good job as, in the circumstances, proving liability may have been difficult if the case had gone to trial and might not have ended with the family securing a positive outcome.

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.


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