Saturday 21 October 2017

Little justice for our injured son

Madam -- We read recently about the High Court judge, Mrs Justice Mary Irvine, who, in dealing with a case concerning a young girl who had suffered traumatic brain injury in an accident, expressed concerns regarding having to determine if a €4m award was sufficient to provide care for the young girl's lifetime.

This is in the absence of a structured settlement system in our legal system such as prevails in the UK.

In our son's case, back in the Nineties settlements were quite small in general. The expertise needed to determine a fair settlement was really not available back then and most of us knew little or nothing going into these cases. Better expertise at the time might have resulted in fairer settlements for people who would have sustained a brain injury in their 20s but would be expected to have a 'normal life span'. Consequently these settlements were totally out of kilter with the medical, rehabilitation and care costs for these people. If our son's case was in court now -- and knowing what we now know -- older and wiser, we would not dream of settling for the amount that was awarded.

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