Personal Injury Claims

Nervous shock award of €83,000 for worker’s later realisation of a ‘close shave’ overturned by Court of Appeal

The Court of Appeal has overturned an award of €83,000 for an ESB employee who had suffered a psychological injury in the course of his work. The ESB technician had come across a medium voltage cable whilst repairing a streetlight. He claimed that he later realised that he had been close to a serious physical …

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Court of Appeal Slashes High Court Award of €76,000 to €41,000 in Soft Tissue Injury Case

The High Court of Appeal was asked to consider the awarding of €76,000 by the High Court at Dundalk to the injured party in a straightforward soft tissue injury case arising from a road traffic accident. The High Court had awarded €70,000 for the injuries with €6,000 for special damages. The general damages were broken …

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Rescuer at Road Traffic Accident Awarded €85,000 For Post-Traumatic Stress

The High Court in a 2020 decision, Sheehan v Bus Eireann/Irish Bus & Anor ([2020] IEHC 160), has awarded damages to a lady who came upon an accident and suffered post traumatic stress as a consequence of her actions in trying to assist. The test for psychological/psychiatric injury cases, also known as ‘nervous shock’, in …

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Letter of claim in a personal injury action-time period shortened to 1 month

If you claim that somebody caused you an injury and you intend commencing personal injury proceedings against that person you, or your solicitor, must write a “letter before action” to that person. This obligation is set out in section 8 Civil Liability and Courts Act 2004 as follows: 8.—(1) Where a plaintiff in a personal …

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Trends in Personal Injury Law in Ireland in 2019

There has been a vigorous debate in Ireland over the last 12 months or so about insurance, the cost of insurance, personal injury claims, bogus claims, excessive awards from the Courts, small businesses struggling to afford rising insurance premiums, and so on. The Courts appear to be showing a greater enthusiasm to scrutinise personal injury …

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