8 year old awarded €12,000 compensation for car accident

Danger781

"The court heard the boy suffered emotional upset and was psychologically injured which led to “somewhat sensitive” physical symptoms. The nature of these symptoms were not detailed during the hearing. He also awarded €600 for expenses and €1,200 in legal costs."

How are the courts awarding these settlements?

Is there anything the general public can do to curb the compensation culture in Ireland?

https://www.irishtimes.com/news/crime-and-law/courts/district-court/boy-awarded-12-000-over-psychological-injuries-suffered-as-a-toddler

_blaaz

"Danger781 wrote: »

Is there anything the general public can do to curb the compensation culture in Ireland?

Stop making claims :eek:

Another one. We need a new forum: 'Compensation watch' (put it next to the 'Traveller Watch' forum)

_blaaz

[Deleted User] wrote: »

Another one. We need a new forum: 'Compensation watch' (put it next to the 'Traveller Watch' forum)

What about cases where it travellers making the claims?

Necro

Danger781 wrote:

How are the courts awarding these settlements?

Key is in the above bolded word, or do I need to get out a thesaurus for ya :cool:

Force Carrier

Deleted User wrote: »

Another one. We need a new forum: 'Compensation watch' (put it next to the 'Traveller Watch' forum)

Time Travelers.

Irishphotodesk

Danger781 wrote: »

"The court heard the boy suffered emotional upset and was psychologically injured which led to “somewhat sensitive” physical symptoms. The nature of these symptoms were not detailed during the hearing. He also awarded €600 for expenses and €1,200 in legal costs."

How are the courts awarding these settlements?

Is there anything the general public can do to curb the compensation culture in Ireland?

Courts award them because the legals apply for compensation following instructions from the parents.

If a person is involved in an accident which is not their fault are they entitled to compensation ? Yes.... Are the awards in Irish courts too high...possibly.

The worst I have seen in the civil courts was a woman who sued claiming their unborn child suffered stress following an incident she had while 7months pregnant, the child had jaundice following birth (which is relatively common).... She got a payout.

The problem has been made by the insurance industry's lack of willingness to investigate claims 20-30years ago, payouts were made and a segment of society learned how to receive money from being injured, the payouts got bigger and the accidents got more elaborate, by the time the insurance companies decided to investigate claims they had already allowed the legals reprenting these people to exploit loopholes and adopt procedures which allowed these claims to go through.

The Satanist

That's what ya get for letting 8 year olds drive

Irishphotodesk

Irishphotodesk wrote: »

The worst I have seen in the civil courts was a woman who sued claiming their unborn child suffered stress following an incident she had while 7months pregnant, the child had jaundice following birth (which is relatively common).... She got a payout.

Got a link to that?

whisky_galore

Danger781 wrote: »

Is there anything the general public can do to curb the compensation culture in Ireland?

How about stop being self-interested, money grabbing cűnts?

Gatling

A Tyrant Named Miltiades! wrote: »

Got a link to that?

It came up in another thread a while back actually

dhaughton99

_blaaz wrote: »

What about cases where it travellers making the claims?

Like Winnie here.

https://mobile.twitter.com/courtsnewsIRL/status/1133765135665946626?ref_src=twsrc%5Etfw%7Ctwcamp%5Eembeddedtimeline%7Ctwterm%5Eprofile%3AcourtsnewsIRL&ref_url=https%3A%2F%2Fcourtsnewsireland.ie%2F

Atlantic Dawn

Best way to end it is to expose expose expose the fraud, someone who does a 10k run in the weeks after an incident needs to be exposed. Have them feeling under such pressure of public exposure so that the money they receive in fraudulent claims is like receiving drug money and they can never enjoy it in peace.

holliehobbie

Irishphotodesk wrote: »

Danger781 wrote: »

"The court heard the boy suffered emotional upset and was psychologically injured which led to “somewhat sensitive” physical symptoms. The nature of these symptoms were not detailed during the hearing. He also awarded €600 for expenses and €1,200 in legal costs."

How are the courts awarding these settlements?

Is there anything the general public can do to curb the compensation culture in Ireland?

Courts award them because the legals apply for compensation following instructions from the parents.

If a person is involved in an accident which is not their fault are they entitled to compensation ? Yes.... Are the awards in Irish courts too high...possibly.

The worst I have seen in the civil courts was a woman who sued claiming their unborn child suffered stress following an incident she had while 7months pregnant, the child had jaundice following birth (which is relatively common).... She got a payout.

The problem has been made by the insurance industry's lack of willingness to investigate claims 20-30years ago, payouts were made and a segment of society learned how to receive money from being injured, the payouts got bigger and the accidents got more elaborate, by the time the insurance companies decided to investigate claims they had already allowed the legals reprenting these people to exploit loopholes and adopt procedures which allowed these claims to go through.

My two kids were jaundiced after they were born! Maybe it was because I had c-sections?

Abba987

holliehobbie wrote: »

My two kids were jaundiced after they were born! Maybe it was because I had c-sections?

Have you been to a solicitor. Mine were born vaginally. How traumatic is that !

holliehobbie

dhaughton99 wrote: »

_blaaz wrote: »

What about cases where it travellers making the claims?

Like Winnie here.

https://mobile.twitter.com/courtsnewsIRL/status/1133765135665946626?ref_src=twsrc%5Etfw%7Ctwcamp%5Eembeddedtimeline%7Ctwterm%5Eprofile%3AcourtsnewsIRL&ref_url=https%3A%2F%2Fcourtsnewsireland.ie%2F

Surely the 16 kids could club together on the funerals costs?

Abba987

I do know someone who always has a claim on the go. Very unfortunate or blatant liar

Outlaw Pete

I don't see the issue here. The other party were found to have been at fault, presumably, which has led to a two year old having some sensitive psychological issues (wetting the bed would be my guess).

I'm usually nodding in agreement with much of the complaints about certain cases given our compensation culture but cases like these can not really be called, with any certainty at least, to be one of such cases. I'd imagine you could be getting Boards into legal difficulties by suggesting as much with no proof also.

Up Donegal

There was a guy on the radio today who commented on how some claimants came to court stating that they had to attend physio, counselling, etc after their accidents. But, when their cases were heard and they received compensation, they suddenly stopped attending their physio and counselling sessions!

i57dwun4yb1pt8

dhaughton99 wrote: »

Like Winnie here.

https://mobile.twitter.com/courtsnewsIRL/status/1133765135665946626?ref_src=twsrc%5Etfw%7Ctwcamp%5Eembeddedtimeline%7Ctwterm%5Eprofile%3AcourtsnewsIRL&ref_url=https%3A%2F%2Fcourtsnewsireland.ie%2F

THATS A WOMAN ????

Atlantic Dawn

The money received for compensation should only be useable on a prepaid card that can only be used on required treatment over their lifetime and not holidays to Torremolinos.

PTH2009

DaDumTish wrote: »

THATS A WOMAN ????

Good lord

StereoSound

Mammy and Daddy will surely have many happy days in the pub, that 12k will be drank away within no time.

Outlaw Pete

StereoSound wrote: »

Mammy and Daddy will surely have many happy days in the pub, that 12k will be drank away within no time.

Did you even read the article?

He directed that the money be paid into court funds and be held on behalf of the boy until he turns 18.

worded

All judges and barristers were solicitors once.
Is a lot of this the legal professions apple cart?
High payouts feeding high legal costs?

branie2

Could the parents have been coaching him?

babi-hrse

Up Donegal wrote: »

There was a guy on the radio today who commented on how some claimants came to court stating that they had to attend physio, counselling, etc after their accidents. But, when their cases were heard and they received compensation, they suddenly stopped attending their physio and counselling sessions!

A family member works as a physio and she had a fair few people come in and make all the right noises for whiplash then look for something stating they had whiplash.

When moved to new Zealand where people don't go suing each other and there's some kind of opt in health cover in liu in exchange for not going in for claims (not entirely sure how it works)
The whiplash cases were practically non existent for people involved in car accidents. There's a public health insurance called aac no fault insurance.
You injure yourself at work or in a car crash you can't sue you just get treatment and helped back on your feet you can only go looking for the damage to the car.

KilOit

Make no mistake the insurance companies want this to happen, gives them reason to increase premiums..
Is it any wonder insurance companies are the most wealthiest companies in the world

Irishphotodesk

A Tyrant Named Miltiades! wrote: »

Got a link to that?

https://www.google.com/amp/s/amp.independent.ie/irish-news/courts/child-4-injured-while-in-womb-when-mother-collided-with-shopping-trolley-awarded-45000-37843347.html

Had to search for it, but have the original text from journalist in my archive.

colm_mcm

KilOit wrote: »

Is it any wonder insurance companies are the most wealthiest companies in the world

But they aren’t...

sbsquarepants

There just seems to be a rush to decry every insurance pay out made on here these days, it's herd following at it's finest. Beat your chest and lament the poor insurance companies woes.

I haven't read the details of this case, but I don't suppose anyone criticising it has bothered to stop and think that possibly an 8 year old child might actually find the experience of a car crash a bit traumatic?

Also the bloody insurance company settled - they decided that this was the way to go, doubtless because it best serves their own financial interest. God love them.

People seriously need to start thinking for themselves!

DrPhilG

There are endless cases of ridiculous insurance payouts.

This is not one of them. Chancers throwing themselves on the floor of a chippy and getting €50k and that sort of nonsense, yes.

A genuine accident resulting in a child getting a €12k payout is both a legitimate claim and a relatively minor payout.

The problem is that someone with damn all wrong with them would get a similar amount in a spurious whiplash claim.

Bannasidhe

Up Donegal wrote: »

There was a guy on the radio today who commented on how some claimants came to court stating that they had to attend physio, counselling, etc after their accidents. But, when their cases were heard and they received compensation, they suddenly stopped attending their physio and counselling sessions!

I heard him too and my first thought was how long does he expect people to be in physio??
It can take years to get to court and people are not necessarily going to physio sessions for longs - few years ago I snapped my Achilles. 10 weeks in a cast. 10 weeks learning how to re-walk - without a limp. 4 physio sessions where I was shown all the exercises, given instructions on how to make a wobble board, and sent off to get on with it.

If I had claim in - I could have had but chose not to - I would have been probably back at work before it even got processed never mind settled

Irish Guitarist

I don't see the problem. Are people not supposed to sue for anything now? I don't even understand why this needs to be a news story.

Deebles McBeebles

Deleted User wrote: »

Another one. We need a new forum: 'Compensation watch' (put it next to the 'Traveller Watch' forum)

I'm struggling to find a word or phrase (maybe/hopefully due to the time) for this kind of post but there is one in every thread. Can anyone coin it?

meeeeh

sbsquarepants wrote: »

There just seems to be a rush to decry every insurance pay out made on here these days, it's herd following at it's finest. Beat your chest and lament the poor insurance companies woes.

I haven't read the details of this case, but I don't suppose anyone criticising it has bothered to stop and think that possibly an 8 year old child might actually find the experience of a car crash a bit traumatic?

Also the bloody insurance company settled - they decided that this was the way to go, doubtless because it best serves their own financial interest. God love them.

People seriously need to start thinking for themselves!

Yes because they would have to pay more in fees to dispute the case in court.

And it's not poor insurance company woes, it's the consumer who pays. We find it impossible to insure anyone under 25 with a full licence for more than 2 years on a van. That means we won't be employing younger people for certain positions. If we will be able to renew the liability insurance that is because it might be that we will just have to close down like so many other businesses.

I'm quite capable of thinking for myself, I'm also able to read comparisons of payouts in Ireland to those in other countries, I can see how many insurers are leaving the market and I know how costs of insurance are going up. But keep on cheering the compo culture and soon it will affect you too.

sbsquarepants

meeeeh wrote: »

. But keep on cheering the compo culture and soon it will affect you too.

I'm not cheering on any compo culture.

You'd swear that insuring young drivers being expensive was some new phenomena. My first insurance was about 25 years ago on a 1.4L Nissan sunny estate, hardly a boy racers car, it cost me over £6k pounds roughly €7,500.

Insurance companies are to blame for this crap themselves - they throw money around like confetti at times, and why do they do so? Because they don't pay claims, consumers pay claims, insurers merely handle the transaction, and take a percentage for their troubles.

It's a gravy train for insurers and solicitors etc. They are to blame, not some 8 year old kid who happened to be in a car crash!

You buy insurance for a bloody reason - if something goes wrong it's supposed to be there to compensate you, that's not playing the system, it's utilising the product you've paid for!

meeeeh

sbsquarepants wrote: »

I'm not cheering on any compo culture.

You'd swear that insuring young drivers being expensive was some new phenomena. My first insurance was about 25 years ago on a 1.4L Nissan sunny estate, hardly a boy racers car, it cost me over £6k pounds roughly €7,500.

It's not abut being expensive it's about being able to insure. Our insurer doesn't insure people younger than 25 and because we had a van stolen we couldn't move insurance. It's about getting insurance to run your business.

Give me a break about psychological damages after a car crash. Your are right it's not 8 years old's fault it's his/hers scumbag parents and their solicitors. The child will be taught early in life to expect money for nothing.

Allinall

meeeeh wrote: »

It's not abut being expensive it's about being able to insure. Our insurer doesn't insure people younger than 25 and because we had a van stolen we couldn't move insurance. It's about getting insurance to run your business.

Give me a break about psychological damages after a car crash. Your are right it's not 8 years old's fault it's his/hers scumbag parents and their solicitors. The child will be taught early in life to expect money for nothing.

How do you know it was nothing?

meeeeh

Allinall wrote: »

How do you know it was nothing?

I'm sure it was serious enough to make a few visits to the gp. I also bet that the settlement will be great cure for psychological damage like the court settlement can magically cure whiplash with 100% success rate.

sbsquarepants

meeeeh wrote: »

It's not abut being expensive it's about being able to insure. Our insurer doesn't insure people younger than 25 and because we had a van stolen we couldn't move insurance. It's about getting insurance to run your business.

Give me a break about psychological damages after a car crash. Your are right it's not 8 years old's fault it's his/hers scumbag parents and their solicitors. The child will be taught early in life to expect money for nothing.

It seems to me the ones who want money for nothing are the insurance companies! Your insurer for example was happy enough to take your money, until you had the audacity to ask them to provide what they are charging you for.

There are of course false claims and that is of course fraud and should be treated as such, but that doesn't mean that every pay out is fraudulent or excessive. Was your stolen van claim legit for example? Does the driver being 26 mean his van is less likely to be stolen?

Every day on here there's a "look at this outrageous pay out" thread and when you look at most of them they seem quite reasonable to me. People buy insurance to be insured, not just for the craic!

You don't think something as scary as a car crash could actually unsettle a child? I brought my daughter to the cinema to watch detective Pikachu about a week or 2 back, she couldn't sleep that night because she was afraid of the monsters! (she's 3 by the way).

meeeeh

sbsquarepants wrote: »

You don't think something as scary as a car crash could actually unsettle a child? I brought my daughter to the cinema to watch detective Pikachu about a week or 2 back, she couldn't sleep that night because she was afraid of the monsters! (she's 3 by the way).

Well you should sue the cinema for emotional damages then I guess.

And all international comparison show that payout in Ireland are of the scale, the insurers are leaving market (as well documented) but if it's reasonable for you then I guess you won't complain when there is nowhere to take your daughter because amusement businesses can't get insurance.

sbsquarepants

meeeeh wrote: »

Well you should sue the cinema for emotional damages then I guess.

Maybe I will - have you got Josepha Madigans phone number?