Personal Injury Compensation

Personal Injury Compensation

No two claims for personal injury compensation are identical – even when the injuries that have been sustained are the same – because of the way in which an injury affects an individual and their quality of life. Therefore, when you are making a compensation claim for a personal injury you have sustained in an accident for which you were not wholly to blame, it is in your best interests to seek professional legal advice. There are many advantages to engaging the services of a solicitor when making a claim for personal injury compensation – not least that you will have somebody with experience helping you with your claim when you may otherwise be daunted by the procedures that have to be completed and especially at a time when you may still be recovering from your injuries. If you would like to receive professional legal advice without any obligation to proceed with a personal injury compensation claim, you are invited to call our freephone Legal Advice Centre and speak directly with an experienced Irish solicitor.

Hen Weekend Accident Compensation Awarded to Karting Accident Victim

November 5th, 2012. By Compensation News.

A woman, who sustained neck injuries after a crash on a go-karting track, has been awarded more than 9,000 Euros in go-karting accident compensation at the Circuit Civil Court.

Karen Wimpory (31) from Maidenhead in Berkshire was visiting Dublin in March 2009 with friends on a hen weekend celebration whenshe and her friends decided to try their hand at go-kart racing at Kylemore Indoor Karting racetrack.

Having agreed to a disclaimer which carried a warning that motor sport could be dangerous and “in the absence of any negligence on the part of the company” she was participating entirely at her own risk, Karen watched a safety video before climbing into her go-kart for a four-circuit warm-up.

It was at the end of this warm-up, Karen stated, that she and other racers had been forced to brake abruptly because a race marshal had stepped on to the track. Although Karen was able to stop in time, another driver bumped into the back of her kart, pushing her neck and shoulders backwards and leaving with neck injuries similar to whiplash.

After seeking legal counsel, Karen made a claim for go-karting accident compensation against Grovepark Services Ltd., which trades as Kylemore Karting, alleging that her neck injuries were attributable to the negligence of the company. Grovepark Services denied that they were liable and the claim went to court.

At the Circuit Civil Court, Mr Justice Matthew Deery was informed that although Karen had watch the safety video and signed the disclaimer before commencing her warm-up, there had been no instruction given about what to do when traffic warning lights on the racetrack were illuminated.

Judge Deery was also informed by racetrack designer Stewart Cosgrave and race controller Denis Gaffney that, although it was improbable that a race marshal would walk onto the circuit in front of karts travelling in excess of 20 miles per hour, the marshal in question had since died in a road traffic accident and would be unable to provide evidence.

After hearing evidence from forensic engineer Pat Cullerton that the karts did not have sufficent headrests or neck restraints fitted, and that novice karters should have also been instructed to sit at full extension when driving, Mr Justice Matthew Deery found in Karen´s favour and awarded her 9,064 Euros in go-karting accident compensation plus costs.

Child’s Compensation Fund Access Denied by Judge

November 2nd, 2012. By Compensation News.

A District Court judge has turned down  a request to access court-held injury compensation, insisting that a child’s compensation funds should not be used for family expenses.

Judge Mary Collins decreed that funds held by the court on behalf of four-year-old Oluwatimileyin Olaleye, who was awarded 4,500 Euros following a traffic accident in 2010, should not be released in order that the family could purchase a new car.

The boy’s father, Ibrahim Olaleye, from Lucan, County Dublin, had asked for the court for the release of 1,500 Euros from his son’s award in order to buy a car for the family. However, Judge Mary Collins refused to free any money from the boy’s court account, saying that child’s compensation fund had never been meant for the purchase of a car or any other family expense.

Oluwatimileyin had been awarded the compensation last year for injuries he sustained in a car crash in which his mother, Veronica, had been the driver. The award of 4,500 Euros had been approved in court after a compensation claim had been filed by Oluwatimileyin through his father, but Judge Mary Collins said the money was to remain in court until Oluwatimileyin was 18; at which time it would be released to him with any interest gained.

Newsagents Accident Compensation Claim Settled in Court

October 29th, 2012. By Compensation News.

A woman, who sustained facial injuries when she walked into a shop shutter, has had her compensation claim for an accident in a newsagents settled at the Circuit Civil Court in Dublin.

Yvonne McEvoy (42) from Clondalkin, Dublin, had been at Tuthill´s Newsagents in the Liffey Valley Shopping Centre when, in October 2010, she was distracted by a Halloween display as she was leaving the shop and walked into a partly closed shutter.

The shutter, Judge Jacqueline Linnane at the Circuit Civil Court was told, was often partially closed as the shop was about to shut to dissuade new customers from entering, but Yvonne failed to hear the warning shouted to her by a shop assistant and walked straight into it – sustaining an injury to the left side of her face.

Judge Jacqueline Linnane heard from forensic engineer Alan Conlon that CCTV video of the incident showed a previous customer ducking underneath the shutter as he exited the shop, but that Yvonne was looking to her right as she walked towards the exit. The judge was also told that Yvonne had fallen pregnant in 2011 and was unable to take painkillers to ease the pain.

Finding Tuthill’s Newsagents negligent by lowering the shutter while there were still customers inside the shop, Judge Jacqueline Linnane found in favour of Yvonne and awarded her 17,500 Euros in settlement of her compensation claim for an accident in a newsagents.

Hotel Worker Back Injury Claim Heard in High Court

October 26th, 2012. By Compensation News.

A former waiter at the Slieve Russell Hotel has been giving testimony at the High Court in support of his hotel staff injury claim for compensation.

Robert Miloch, from Ballyconnell, County Cavan, filed his claim for hotel staff injury compensation against the Slieve Russell Hotel and its parent company – Quinn Hotels Limited – due to suffering a back injury while loading trays onto a trolley in April 2010.

The High Court was told that while he was squatting down to replace breakfast trays on a trolley, Mr Miloch heard a crack in his back and suffered a pain from his back going down to his leg. The pain stopped him from walking and he was told by the hotel to go home and see his doctor.

In support of his hotel worker back injury claim, Mr Miloch showed the court an MRI scan from the time of the accident, revealing that two discs in his back had crushed a nerve. His injury, he alleged, had resulted in his doctor advising him not to return to work and despite extensive physiotherapy had not improved.

Mr Justice Sean Ryan was advised that both the defendants denied their liability for Mr Miloch´s injury and claimed not only that a car accident in which Mr Miloch was involved in later that year could have been responsible for his back injury, but that the injury had been described as “paradoxical” by Mr Miloch´s doctor as his patient could move in one direction but not another.

The case will go on at the High Court.

Compensation Claims against the State Forecast Expected to Rise

October 15th, 2012. By Compensation News.

The State Claims Agency has predicted that compensation claims against the State for hospital negligence could increase by more than a quarter in 2012.

Commenting in the Clinical Indemnity Scheme newsletter, Ciaran Breen – Director of the State Claims Agency – said that “It appears that people, injured as a result of a medical negligence event, are more likely to sue doctors, dentists and hospitals in these more difficult economic times” after attributing the increase on the economic downturn.

Mr Breen´s remarks were in complete contrast to those made by Patricia Byron – Chief Executive of injuriesboard.ie -after the Injuries Board Interim Report was released last month, which saw only a 4.1 percent increase in claims over the first six months and not the “recessionary spike” that had been predicted. However, both public officials referred to the fact that there had been a significant increase in claims related to the DePuy hip replacement recall.

As 345 compensation claims were filed against the State in the first six months of 2012 (as opposed to 542 in the whole of 2011), and the Statute of Limitations expired in August 2012 for many victims of the DePuy hip replacement recall, Mr Breen´s outlook may appear unjustifiably depressing. However, some compensation claims filed against the State are finding their way to court long after they might previously have been time-barred.

In July this year, the Supreme Court upheld a High Court judgement in favour of Olivia Kearney who, forty-three years beforehand, had went throufh a symphysiotomy procedure which the High Court determined was “entirely unjustified and unwarranted”. Should the remaining two hundred survivors of the symphysiotomy procedure be permitted to make compensation claims against the State, Mr Breen´s forecast could be very conservative indeed.

Compensation claims against the State for hospital negligence account for a small number of claims managed by the State Claims Agency – the majority are for public liability and employer liability – but account for almost 90 percent of the value of claims each year. In 2011, the value of the 542 compensation claims against the State for medical negligence amounted to 860 million Euros.

Football Injury Compensation Approved in High Court

October 10th, 2012. By Compensation News.

A young girl, who sustained a serious neck injury after the crossbar of a goal fell on her head, has had her settlement of compensation for a football injury approved in the High Court.

Jessica Fidgeon Cush (17) from Lusk, County Dublin, was just eleven years old when her accident happened in October 2006. While playing as goalkeeper for Round Towers Lusk GAA in a Gaelic football game at the at the Starlights GAA Club in Collinstown, North Dublin, the crossbar fell from the goalposts and hit Jessica on head.

X-rays taken on her arrival at hospital showed that Jessica had a lucky escape. Her sixth vertebrae was broken but, had the crossbar had hit her once inch either side of her injury, she could have been killed or paralysed. Jessica has to wear a neck brace while her injury healed, but also suffered from headaches, nightmares and flashbacks, and was diagnosed with Post Traumatic Stress Disorder after developing a fear of dying.

Through her father – Philip – Jessica filed a claim for compensation for a football injury against the Gaelic Athletic Association, as the GAA are responsible for the organisation, control and supervision of Gaelic games in the State. In the action it was alleged that the goalposts had been allowed to remain in an unsafe condition, that no inspection of the goalposts had been undertaken and that there was a failure to ensure that the crossbar was adequately secured to the goalposts.

At the High Court in Dublin, Mr Justice Nicholas Kearns was informed that the case before him was only for the approval of damages, as a compensation settlement of 50,000 Euros had been agreed between the two parties. After being told all the details of the case, Mr Justice Kearns approved the settlement of compensation for a football injury which will be paid into court for one year until Jessica reaches the age of eighteen.

Compensation Claim Against Ryanair Settled Before Hearing

October 6th, 2012. By Compensation News.

A female, who suffered cuts and bruises after falling down the steps of a Ryanair airplane, has settled her Ryanair injury compensation claim shortly before a hearing into her case was about to commence.

Malgorzata Jeneralczyk (57), from Poznan, Poland, fell on the mobile steps due to wet weather as she was disembarking from her flight at Dublin airport and fell to the tarmac below.

She was treated by an airport paramedic who recorded her injuries as a laceration to her left eyebrow and bruising to her left shoulder and ribs and her right hand and fingers.

After seeking legal counsel, Malgorzata made a claim for injury compensation against Ryanair – alleging that the company had failed in its duty of care to provide passengers with safe transit. Ryanair argued her claim for 38,000 Euros and were prepared to defend the company´s position in a court hearing.

However, just before the hearing was scheduled to begin, the Circuit Civil Court in Dublin heard that Malgorzata had settled her Ryanair injury compensation claim for an undisclosed amount and that costs were to be charged to Ryanair.

Woman Awarded Compensation for Falling in Office Elevator

September 20th, 2012. By Compensation News.

A woman from Jacksonville, Florida, has been awarded 13 million dollars in compensation for an elevator fall thirteen years after her accident occurred.

Janice Beasley (41) was made the award by a jury at Duval County Courthouse after a two-week trial in which the court was told how, in May 1999, Janice was a passenger in an elevator at the office building in which she worked.

The jury were told how the elevator had malfunctioned and fallen from the twenty-third floor to the eighth and how, when an elevator engineer was summoned, rather than take Janice out of the elevator, he sent the elevator – with Janice inside of it – falling down to the basement of the building.

Due to her experience, Janice suffered multiple bruising which developed into Complex Regional Pain Syndrome (CRPS) and left her wheelchair-bound with partial paralysis of her left leg. Janice was also diagnosed with Post Traumatic Stress Disorder and depression as a result of her accident.

Janice filed a claim for compensation for the elevator fall against the building´s owners Highwoods Properties Inc and Schindler Elevator Company – alleging that Highwoods were responsible for the initial malfunction and Schindler Elevator Company for her second accident.

Schindler Elevator Company did not accept liability and went to great lengths to avoid going to trial. However, after a ten-year delay in court proceedings, the case was eventually heard – leading to an award of compensation for an elevator fall against both defendants amounting to just over 13 million dollars.

Childrens Sport Injury Compensation Awarded

September 13th, 2012. By Compensation News.

A child, whose family claimed he suffered devastating injuries due to the type of bat used in a baseball game, has been awarded 14.5 million dollars in compensation for childrens sport injury in an out of court settlement.

Steven Domalewski was twelve years old when his tragic accident happened. Playing as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball hit it back with such force that it caused Steven to suffer a cardiac arrest when it hit him on the chest.

Despite the attentions of parents and officials, it was almost twenty minutes before Steven regained consciousness – during which time his brain was starved of oxygen, leading to him sustaining permanent and irreversible brain damage.

Steven´s family filed a claim for childrens sports injury compensation, based on the grounds that the baseball bat that was used was in the game was made of metal and, because of the additional power it provided in relation to wooden bats, should not have been used in a children´s game of baseball.

Liability wasnot accepted by Little League Baseball who sanctioned the bat as safe to use, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” metal baseball bat – and the national retailer of the bat, The Sports Authority.

However, solicitors acting on behalf of the Domalewski family claimed that – in 2008 – Little League Baseball limited the performance of metal bats used in children´s games of baseball to the same as that of wooden bats, with an eighty percent reduction in injuries to pitchers.

A trial date was set but, as opening statements were about to begin, the State Superior Court in Passaic County heard that an agreement of compensation for childrens sport injury had been negotiated between the parties and that Steven was to receive 14.5 million dollars to provide him with the care that he will need for the rest of his life.

Injury Compensation for Shop Accident Claim Approved

August 29th, 2012. By Compensation News.

A County Wicklow schoolgirl, who sustained cuts and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in compensation after her injury compensation for a shop accident claim was approved in court.

Jade Earls (11) from Bray in County Wicklow had been shopping with her mother in the Dunnes Stores at Cornelscourt in Dublin when the accident occurred in July 2010. As Jade passed a stand displaying cakes, she snagged her leg on some rusty nails which were protruding from the support for the stand.

Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade suffered a 10 centimetre abrasion and a four centimetre laceration in the accident and, although both had healed successfully, Jade had been left with a permanent scar on her left leg.

After taking legal advice, Jade made a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court was told that the two defendants had accepted liability on a 60&40 basis and that an offer of compensation had been made.

Judge Mahon heard that the offer of injury compensation for a shop accident claim amounted to 12,000 Euros plus costs and, as the family were prepared to accept the offer, he approved the settlement.

Child Accident Compensation for Injury to Boy Approved in Court

July 1st, 2012. By Compensation News.

An eleven-year-old boy, who sustained a broken leg while playing football on council property, has had a settlement of child accident compensation for injury to a boy approved in the Circuit Civil Court.

Kristin McMahon from Dublin was just eight years old when the accident occurred in June 2009 at the Dublin City Council owned site of the former fish market in St. Michan´s Street. While playing in a competition hosted by Bradog Youth Services Ltd, Kristin fell on the concrete surface and suffered injuries to his knee and leg.

Kirstin was taken to the Children´s University Hospital in Temple Street by ambulance where x-rays showed a fractured tibia and Kristin was fitted with a plaster cast which he had to wear for several weeks.

Through his mother, Carol Mooney, Kristin made a claim for child accident compensation for injury to a boy compensation against Bradog Youth Services Ltd and Dublin City Council and, in a negotiated settlement, the two defendant´s agreed to pay 20,000 Euros in compensation for child football injury.

As with all compensation claims for children, the settlement had to be approved in court and, after hearing the circumstances of Kristin´s accident and the consequences to his quality of life while he was recovering, Mr Justice Matthew Deery approved the settlement of child accident compensation.

Fall in Argos Compensation Awarded in Court

June 22nd, 2012. By Compensation News.

A man, who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros fall in Argos compensation at Dublin´s Circuit Civil Court.

Declan Conroy from Dublin had been shopping in the Ilac Centre branch of Argos in Henry Street in May 2008 when the accident occurred. While in the queue for the counter to order a lawnmower, he slipped on a wet wipe which had fallen on the floor and fell – severely damaging his shoulder.

After receiving medical treatment, Declan made a fall in Argos compensation claim against the store – alleging that their method of checking the floor for potential hazards was lacking and he had suffered an injury as a consequence.

Argos denied liability for Declan’s injury; contending that CCTV footage revealed the presence of the wet wipe just six minutes before Declan´s accident and insisting that staff could not be required to constantly monitor the condition of the floor surface in such a historically low-risk store.

However, a forensic engineer – testifying on Declan´’s behalf – told the court court that, due to the extra footfall in the queuing area where Declan´s accident occurred, a higher level of attention should be applied. It was also revealed that five minutes before the wet wipe first appeared on camera, CCTV footage showed a woman moving a baby buggy through the area.

Judge Jacqueline Linnane at the Circuit Civil Court decided that, taking everything into account, it was the woman with the baby buggy who was responsible for discarding the wet wipe and, as more than ten minutes would have elapsed between the slipping hazard being present and Declan sustaining his injury, Argos was liable.  Declan was awarded 17,500 Euros fall in Argos compensation plus costs.

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.

Child Compensation for a Fall in Toy Shop Approved in Court

May 21st, 2012. By Compensation News.

A girl of five, who will be left with a permanent scar after a fall in Hamleys, has had a settlement of child compensation for a fall in toy shop approved at the Circuit Civil Court.

Brianna Healy (5) from Ballinteer, Dublin, was just two-years-old when she fell and banged her head at the Hamleys Store in Dundrum, Dublin, on 23rd February 2009. Due to the incident, Brianna will have a scar on her face for the rest of her life.

At the Circuit Civil Court, Mr Justice Matthew Deery heard that the store had accepted liability for Brianna´s injury, but the family had not been satisfied with the original offer of compensation for a fall in toy shop and had taken legal advice.

A revised offer of 27,500 Euros was settled upon, which the family were happy with, and after hearing that the case was before him for the approval of damages, Mr Justice Matthew Deery approved the settlement and wished Brianna well for the future.

Judge Orders CCTV Release in Dublin Bus Crash Compensation Claim

April 13th, 2012. By Compensation News.

A judge in Dublin´s High Court has ruled that Dublin´s bus company must release CCTV footage to solicitors representing a claimant in a Dublin Bus injury claim.

The judgement was made by Mr Justice John Hedigan after years of stalling by the bus company and decisions made in the claimant´s favour by the Data Protection Commissioner and Judge Jacqueline Linnane in the Circuit Civil Court. The bus company had argued that the data they possessed about the claimant was privileged and, as potential evidence in litigation, they were not prepared to release it.

The Dublin Bus crash compensaton claim first started in October 2009, when a female claimant from Dublin alleged that she had sustained an injury aboard a Dublin Bus the previous year. Dublin Bus did not accept liability for the woman´s injuries and the Injuries Board Ireland declined to assess her application for Dublin Bus injury compensation.

While preparing for court proceedings, the claimant´s solicitors were advised of the existence of CCTV footage taken aboard the bus and were shown a video relating to their client´s claim for Dublin Bus injury compensation at Dublin Bus´s office. A request for a copy of the video was refused and, even after the claimant´s solicitors had complained to the Data Protection Commissioner, Dublin Bus continued to withhold the CCTV footage.

Dublin Bus appealed the Data Protection Commissioner´s decision to release the video and brought their case to the Circuit Civil Court. However, in July 2011, Judge Jacqueline Linnane ruled that the bus company should release the video to the solicitors on the grounds that the claimant had every right by law to request access to the CCTV footage in support of her Dublin Bus crash compsenation claim and that Dublin Bus had no right to withhold it.

Dublin Bus then opted to delay a resolution to the claim for Dublin Bus injury compensation by appealing Judge Linnane´s decision to the High Court, but Mr Justice John Hedigan found in favour of the claimant, stating that that Dublin Bus had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.

Poster Injury Compensation Claim Settled

February 26th, 2012. By Compensation News.

A woman who walked into a Dublin advertising poster, and sustained head and neck injuries, has settled her poster injury compensation claim for 38,000 Euros.

Sandra Memery (48)  was leaving her local McDonald´s restaurant with her daughter on 16th September 2009 when the accident happened. Having turned back towards her daughter to give her a bag, she started walking forward again, and immediately hit her head on the corner of the poster campaigning on behalf of Fianna Fail for a “Yes” vote in the second Lisbon Treaty referendum.

After feeling unwell for almost a day, Sandra visited her doctor, where she was diagnosed with lacerations to her scalp, a swelling over her right temporal and soft tissue damage to her neck. Sandra, who is 5 ft 5 in tall (1.65m) made a compensation claim for low hanging poster injury, stating that the campaign poster should have a minimum of three metres clearance from the floor.

Contesting the poster injury compensation claim, Fianna Fail and Executive Posters Ltd jointly claimed that Sandra was responsible for her own injuries through contributory negligence and should have paid more attention to where she was walking. However, shortly before Sandra´s poster injury compensation claim case was about to be heard at Dublin´s Circuit Civil Court, her legal representatives announced to the court that a compensation settlement had been agreed upon in the amount of 38,000 Euros.

Shop Car Park Injury Schoolboy Awarded 36,800

October 1st, 2011. By Compensation News.

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a shop car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident happened in 2006 as he was climbing over a supermarket car park fence at the Firhouse Shopping Centre. He caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael´s injuries were so severe that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a permanent reminder of his injury.

Liability for the shop car park injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the shop car park injury settlement offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.


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