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https://www.boards.ie/discussion/2055940817/signature-rules

Settlement of €2.9m for boy (4) who sued mother

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    #62
    Profiler
    Registered Users Posts: 1,327 ✭✭✭Profiler


    AugustusMinimus wrote: »
    You seem to have some warped logic that the award of the cash caused the injuries to her son.

    You need to seperate out the two incidents completely.

    I'm under no such illusion and now who is putting words into someones mouth?

    I have been able to separate the plaintiff from the defendant from the very start.


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    #63
    Profiler
    Registered Users Posts: 1,327 ✭✭✭Profiler


    AugustusMinimus wrote: »
    My figures as stated was to rare a child. I then pointed out it would clearly cost more for a handicapped child.

    On this basis, the woman is saving a lot of cash from this ruling.

    Saving cash? that is staggeringly ignorant.

    Neither you nor I have any idea what the structure of the settlement was. Yet there you are apportioning money like you are in possession of the full set of facts.


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    #64
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    Just to clear something up:

    The award in this case will never be paid over to the mother. In the normal course of events it would be paid over the court service to hold in trust until the child is 18 and would be able to manage the finance themselves. If an advance was required for education or what not an application would have to be made to the court.

    I think in the case the child will be made a ward of court when he reaches 18 as he will be mentally incapacitated. So the court will have an input in managing his finances for his lifetime.

    As regard the broader picture here, I think it is most likely the mother was prosecuted and lost her licence and got a hefty fine.

    Also, you can claim from the MIBI for anything where you are injurerd by an uninsured driver. The main thing is to notify the gardai within 24 hours of the accident at the latest. If you have comprehensive insurance you will normally claim for your car damage from the insurer directly, but it won't affect your NCB or claims history. If you have TPFT or similar you claim using the claim form at www.mibi.ie.


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    #65
    Eoin
    Registered Users Posts: 21,244 ✭✭✭✭Eoin


    maidhcII wrote:
    I think in the case the child will be made a ward of court when he reaches 18 as he will be mentally incapacitated. So the court will have an input in managing his finances for his lifetime.

    But the money is needed immediately, so they can't just invest it until he is 18. Doesn't that mean the court can set up a committee to spend the money? If so, couldn't his parents be on, or make up that committee?


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    #66
    Profiler
    Registered Users Posts: 1,327 ✭✭✭Profiler


    eoin wrote: »
    But the money is needed immediately, so they can't just invest it until he is 18. Doesn't that mean the court can set up a committee to spend the money? If so, couldn't his parents be on, or make up that committee?

    More likely to be the child's solicitor. The parents will have an input but the deciding factor will be that the money needs spending will be for the child's benefit.


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    #67
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    eoin wrote: »
    But the money is needed immediately, so they can't just invest it until he is 18. Doesn't that mean the court can set up a committee to spend the money? If so, couldn't his parents be on, or make up that committee?

    As I said, an application would be made to the court, i.e. a Judge will decide on what is in the best interests of the child after hearing the reasons as set out by the parents/their legal representatives.

    So an application would have to be made to have money released for the stem cell therapy, or indeed to get 35k to keep the child in the family home.


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