In certain circumstances where a person dies as a consequence of the wrongful act of another a fatal injury action can be pursued. There is statutory provision for this in Part IV of the Civil Liability Act 1961. This abolished the general common law rule that a person injured by the wrongful act of another … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more