Child Injury Compensation
If your child suffers an injury in an accident for which they were not to blame, it may be possible for a parent or guardian to make a claim for child injury compensation on the child´s behalf. Children are not permitted to initiate their own legal action until the age of eighteen, by which time evidence of negligence may have disappeared and the memories of witnesses to your child´s accident faded. Furthermore, as it may be necessary to obtain child injury compensation to pay for medical care, it is in your best interests to discuss the circumstances of your child´s accident and their eligibility to child injury compensation with a solicitor on our Free Help Line at the earliest possible opportunity.
Posted: May 7th, 2014
A High Court judge has approved a €9 million settlement of compensation for bus accident injuries in favour of a Spanish student who was knocked down by a bus when he was twelve years old.
On February 4th 2009, Carlos Tesch (now eighteen years of age) was walking along Herbert Road in Bray with some fellow Spanish students, when a number of older youths – who had allegedly been verbally abusive to the students in the past – started to approach the group.
Carlos tried to avoid the older youths by running out into the road; but, as he left the pavement, he was knocked down by a bus travelling along the road from behind him. Carlos suffered serious head injuries in the accident – including a fractured skull and brain damage – which has left him unable to speak or walk more than a few paces without assistance.
Carlos´ father – Hans Tesch – relinquished his managerial position to look after his son, and has twice taken him for stem cell treatment in China. Despite Carlos´ severe disabilities, he still manages to attend classes at the Bray Institute of Further Education.
Carlos made a claim for compensation for bus accident injuries against Dublin Bus – the operators of the bus service. Dublin Bus contested their liability for Carlos´ bus accident injuries, stating that it was unreasonable for the driver of the bus to expect a child to randomly run out into the road.
However, in 2013 Carlos´ claim was heard at the High Court; where the defendant was considered to be 70 percent liable for the accident, after it was admitted that the bus driver had been distracted by talking with a passenger shortly before Carlos ran out from the pavement.
Dublin Bus appealed the High Court´s ruling, but the verdict was upheld by the Supreme Court earlier this year, and the claim returned to the High Court for the assessment of damages. A settlement of compensation for bus accident injuries amounting to €9 million was agreed, and the case was heard once again in the High Court for approval of the settlement.
After hearing the circumstances of Carlos´ bus accident, Ms Justice Mary Irvine approved the compensation settlement – stating that her experience of cases such as this made her aware of the sacrifices that parents have to make when their children are so catastrophically injured.
Posted: September 20th, 2012
A child, whose family alleged 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 sports injury to a child in an out of court settlement.
Steven Domalewski was twelve years of age when his tragic baseball accident occurred. Playing as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball struck it back with such force that it caused Steven to suffer a cardiac arrest when it hit his chest.
Despite the attentions of parents and officials, it was almost twenty minutes later when Steven regained consciousness – during which time his brain was starved of oxygen, resulting in him sustaining permanent and irreversible brain damage.
Steven´s family made a claim for 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 was denied by Little League Baseball who recommended 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, legal representatives acting on behalf of the Domalewski family argued 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 scheduled but, as opening statements were about to be heard, the State Superior Court in Passaic County heard that an agreement of compensation for 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.
Posted: August 29th, 2012
An eleven-year-old boy, who sustained a broken leg while playing football on council property, has had a settlement of child football injury compensation approved in the Circuit Civil Court.
Kristin McMahon from Dublin was just eight years of age when the incident 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 sustained injuries to both his knee and leg.
Kirstin was taken to the Children´s University Hospital in Temple Street by ambulance where x-rays revealed a fractured tibia and Kristin was fitted with a plaster cast which he had to wear for a few weeks.
Through his mother, Carol Mooney, Kristin made a claim for child football injury 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 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 football injury compensation in court.
Posted: October 17th, 2011
A young woman, who was found to have cerebral palsy shortly after her birth, has had a birth injury cerebral palsy settlement of 1.4 million Euros approved in the High Court.
Deborah French (24) of Ballymitty, County Wexford, was diagnosed with cerebral palsy just after her birth in August 1987 at Wexford General Hospital. Her parents took a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, alleging that Dr Murphy had been negligent in the hours leading up to and during Deborah´s birth.
The case was settled without admission of liability by the defence, a course of action supported by Mr Justice John Quirke as he approved the settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting nothing in a trial.
The judge recommended that the funds be released to Deborah´s parents – Ann and John French – in annual amounts of 100,000 Euros.
Posted: October 8th, 2011
A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a schoolboy car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.
Michael Hogan of Firhouse, County Dublin, was just eleven years old when the accident happened in 2006. 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 bad 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 reminder of his injury.
Liability for the 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 compensation offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.