Personal Injury Compensation

Archive for January, 2015

Compensation for Child Killed in Car Accident Awarded to Mother

January 23rd, 2015. By Compensation News.

A settlement of compensation for a child killed in a car accident has been approved in the Circuit Court for the mother of a toddler who was run over by a neighbour.

Lily Rose O´Toole was approaching her second birthday when, on 3rd March 2013, she was in the front garden of her family home in Tallaght, Dublin with her mother Ruth. Ruth left her daughter unattended for just a few minutes as she chatted with a neighbour who was just about to leave in her car.

After saying goodbye to the neighbour, Ruth turned back towards her own garden and could not see her daughter. Ruth then heard a bang, and turned around to see her daughter on the floor behind the neighbour´s car.

Lily Rose managed to get up and walk a few steps towards her mother but, when Ruth picked her up, she noticed a graze on her daughter´s forehead. The toddler was rushed to Tallaght Hospital, but died shortly after of intra-abdominal bleeding caused by internal injuries.

Ruth sought legal advice and made a claim for compensation for a child killed in a car accident under the Civil Liability Act 1962 against her neighbour – Esther Dillon. Ms Dillon´s liability was accepted by her car insurance company and a settlement of €36,188 was agreed.

Because part of the compensation settlement included compensation for Lily Rose´s ten-year-old step-brother, the settlement of compensation for a child killed in a car accident had to be approved by a judge before the claim could be resolved.

Consequently, the case was brought before Mr Justice Raymond Groarke at the Circuit Civil Court, who was told the circumstances of Lily Rose´s tragic accident. The judge was told that the settlement of compensation included €20,394 for Ruth´s mental distress and €10,794 for fees and funeral expenses – the other €5,000 being awarded to the step-brother, Patrick.

Judge Groarke approved the settlement of compensation for a child killed in a car accident and expressed the court´s deep sympathy – saying that the loss of a child was a terrible thing to happen to any mother.

Judge Approves Settlement of Compensation for being Attacked by a Dog

January 15th, 2015. By Compensation News.

A High Court judge has approved a €150,000 settlement of compensation for being attacked by a dog in favour of a twelve year old girl.

Mr Justice Kevin Cross heard how Lauren Kelly from Abbeylara in County Longford was playing “hunting the wren” with family and friends on 26th December 2011, when she came across a Rottweiler that had escaped from its home by jumping over a wall and was roaming the streets.

The Rottweiler attacked Lauren – causing her to sustain neck and shoulder injuries and twenty-six puncture wounds to her upper right arm. Lauren escaped worse injury when her mother and friends jumped on the dog to stop it “tossing Lauren around like a rag doll”.

Lauren was taken immediately to hospital, where she was treated for her injuries. Lauren subsequently had to undergo multiple skin grafts surgeries, which have left her permanently scarred, and she now has to wear a protective medical sleeve whenever she goes swimming to prevent infections.

Lauren made a claim for compensation for being attacked by a dog through her parents – Michael and Marcella Kelly – claiming that the owner of the Rottweiler – William Crawford also of Abbeylara, County Longford – had been negligent by having inadequate measures in place to stop the dog from escaping.

The claim for compensation was initially contested, but a settlement of compensation for being attacked by a dog was subsequently agreed amounting to €150,000. As Lauren is still a legal minor, settlement of her claim had to be approved by a judge.

Consequently, at the High Court in Dublin, Mr Justice Kevin Cross was told the circumstances of the attack and the injuries that Lauren had sustained. He heard how Lauren had suffered nightmares after the attack and was still scared of big dogs.

The judge approved the €150,000 settlement of compensation for being attacked by a dog, which will be held by the court in an interest-bearing account until Lauren is eighteen years of age. Lauren´s patents will be able to access the settlement by application to the court if Lauren requires further medical attention as a result of the attack.


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