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Dementia diagnosis and pending claim.

  • 03-09-2019 8:16am
    #1
    bayles
    Registered Users, Registered Users 2 Posts: 258 ✭✭


    Hi folks.

    Only putting this here as my solicitor is on holidays and Im unsure what way to handle this.
    One of my parents had a fall a few years ago and decided to claim from the guilty party. I was asked to look after things with the solicitor as my parent is in their late 80s. Since the claim was made they have developed and been diagnosed with dementia. When the claim was made they were in sound mind and knew exactly everything that was happening. Im just wondering as things progress how the diagnosis of dementia will affect things, all statements / medical and accident reports have been logged and the other side were clearly in the wrong but the other sides solicitors now have questions that need answering.. My parent cant remember the finer points of the accident and gets very stressed ..

    Do we still have a case or would it be best just to drop everything , we are 2 years into this now.


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry about your parents' dementia.
    You are as well to wait until their solicitor is available before making decisions.
    Few solicitors take long holidays even during the Long Vacation
    For most genuine plaintiffs running a PI action can be stressful. Their age and medical condition compound this.
    Leaving open for now for general discussion subject to forum rule on legal advice


  • #3
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    If youre correct in your understanding or assessment of liability then perhaps you should bring your concerns to your parents solicitor and perhaps request that they look for a settlement meeting with the other side subject to medicals being up to date


  • #4
    bayles
    Registered Users, Registered Users 2 Posts: 258 ✭✭bayles


    McCrack wrote: »
    If youre correct in your understanding or assessment of liability then perhaps you should bring your concerns to your parents solicitor and perhaps request that they look for a settlement meeting with the other side subject to medicals being up to date

    Thanks , the family solicitor is aware of the situation, I informed him when Initially diagnosed however the claim is taking so long to process the condition has gotten worse .
    I emailed him with an update and was informed he is on holidays, I just thought I would get an opinion on here. My opinion is that it would have to be settled outside court given the current condition.


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