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The judges are at it again - Compo claims

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2

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    #32
    Edgware
    Registered Users Posts: 5,875 ✭✭✭Edgware


    Mad_maxx wrote: »
    Could leave you mutilated for life, kids bodies are fragile, 30 k is modest
    That poor kid will grow up afraid to visit any sunny countries because of a fear of being hit by a street parasol


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    #33
    Irish Guitarist
    Closed Accounts Posts: 5,736 ✭✭✭Irish Guitarist


    These threads are getting as bad as dole threads now.

    If you're ever walking past this restaurant on a windy day you'll have these people to thank for the fact that you're not getting a faceful of table.


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    #34
    suicide_circus
    Registered Users Posts: 19,802 ✭✭✭✭suicide_circus


    Irish Guitarist wrote: »
    These threads are getting as bad as dole threads now.

    If you're ever walking past this restaurant on a windy day you'll have these people to thank for the fact that you're not getting a faceful of table.

    not all heros wear capes


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    #35
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Irish Guitarist wrote: »
    These threads are getting as bad as dole threads now.

    If you're ever walking past this restaurant on a windy day you'll have these people to thank for the fact that you're not getting a faceful of table.

    Again there is no dispute about liability here but until such time as the costs of awards are addressed and not seen as some form of Winning Streak they'll be around. This random nature of awards filters into many kinds of insurance premiums.


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    #36
    ohnonotgmail
    Registered Users Posts: 40,149 ✭✭✭✭ohnonotgmail


    is_that_so wrote: »
    Again there is no dispute about liability here but until such time as the costs of awards are addressed and not seen as some form of Winning Streak they'll be around. This random nature of awards filters into many kinds of insurance premiums.

    this was not an award. the defendants admitted liability and offered the 30,000 in settlement.


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    #37
    imme
    Registered Users Posts: 3,200 ✭✭✭imme


    Plopsu wrote: »
    Did anybody even read the article? A three year old child was hit in the face with a table with sufficient force to break her nose. That's a massive degree of negligence from the restaurant owner. The award is perfectly reasonable and anybody with any responsibility should probably be glad they weren't charged.

    Which came first the call to the lawyer or the call for the ambulance.

    Why do so many of these type of cases go to law and not be resolved.

    Thank you legal profession and unscrupulous people


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    #38
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    ohnonotgmail wrote: »
    this was not an award. the defendants admitted liability and offered the 30,000 in settlement.

    Correct. It was a ruling as all settlements involving children must be ruled or approved by a court

    There's a lot of people posting on this thread misinformed


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    #39
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    ohnonotgmail wrote: »
    this was not an award. the defendants admitted liability and offered the 30,000 in settlement.
    Yeah as I said in my first post in this thread. Still a huge problem in this area and this type of value does encourage people to go to court for a payday.


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    #40
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    McCrack wrote: »
    Correct. It was a ruling as all settlements involving children must be ruled or approved by a court

    There's a lot of people posting on this thread misinformed

    There are also a lot of people joining the end of the thread and not reading that this question has been addressed on the first page. :)


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    #41
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    is_that_so wrote: »
    Yeah as I said in my first post in this thread. Still a huge problem in this area and this type of value does encourage people to go to court for a payday.

    So long as defendants continue to be negligent causing people injury they will be sued


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    #42
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    McCrack wrote: »
    So long as defendants continue to be negligent causing people injury they will be sued

    And that's their right but there is a problem with what courts award and especially how the legal people clean up.


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    #43
    Wheeliebin30
    Closed Accounts Posts: 5,593 ✭✭✭Wheeliebin30


    Next time a child falls and breaks their nose due to their own negligence they should sue themselves for 30k.


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    #44
    fonecrusher1
    Registered Users Posts: 5,700 ✭✭✭fonecrusher1


    neris wrote: »
    30K for a broken nose with no long term damage for a kid. The judge approved the offered but didnt think for a sec, hang on lads 30k is an awful lot im not approving this make it smaller

    https://www.independent.ie/irish-news/courts/girl-3-whose-nose-was-broken-when-table-blew-over-outside-restaurant-awarded-30k-damages-37975158.html

    Parents: Yippeeee Disneyland here we come! Yaaaay!


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    #45
    ohnonotgmail
    Registered Users Posts: 40,149 ✭✭✭✭ohnonotgmail


    fonecrusher1 wrote: »
    Parents: Yippeeee Disneyland here we come! Yaaaay!

    the parents dont get the money.


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    #46
    BBFAN
    Registered Users Posts: 2,228 ✭✭✭BBFAN


    There are so many cases where the payout was extortionate and the claim obviously spurious, why on earth would you choose this one???

    30k is **** all.

    I was knocked down when I was 15 crossing a road and the total payout was 5k, 2300 to me and 2700 to the solicitor and that was mainly because the surgeon said the scar on my knee would heal in two years, I still have that scar, so things work both ways.


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    #47
    Gryffindor
    Closed Accounts Posts: 133 ✭✭Gryffindor


    From the article: "Judge Groarke said he considered the offer to be a very good one."

    This was not the doing of the judge, and the above is a nice way of saying that it was probably too generous an offer.

    That said, there is an issue with the fact that the decision to settle was probably based on the fact that 30k might well have been cheaper than High Court costs if they fought it. But again, this is something which is completely outside the competence of any judge to do anything about.


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    #48
    fonecrusher1
    Registered Users Posts: 5,700 ✭✭✭fonecrusher1


    ohnonotgmail wrote: »
    the parents dont get the money.

    So it goes where?


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    #49
    ohnonotgmail
    Registered Users Posts: 40,149 ✭✭✭✭ohnonotgmail


    fonecrusher1 wrote: »
    So it goes where?

    It is held in trust by the court until the child is 18


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    #50
    fonecrusher1
    Registered Users Posts: 5,700 ✭✭✭fonecrusher1


    ohnonotgmail wrote: »
    It is held in trust by the court until the child is 18

    Ok.

    Parents: We're all going to Disneyland when the child turns 18. Yaaaaay!! Free money!!


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    #51
    ohnonotgmail
    Registered Users Posts: 40,149 ✭✭✭✭ohnonotgmail


    fonecrusher1 wrote: »
    Ok.

    Parents: We're all going to Disneyland when the child turns 18. Yaaaaay!! Free money!!

    If the kid wants to bring his parents to disneyland when he turns 18 he is entirely free to do so


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    #52
    Hal3000
    Closed Accounts Posts: 818 ✭✭✭Hal3000


    ohnonotgmail wrote: »
    It is held in trust by the court until the child is 18

    College fees boxed off !!


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    #53
    NIMAN
    Registered Users Posts: 32,987 ✭✭✭✭NIMAN


    BBFAN wrote: »
    There are so many cases where the payout was extortionate and the claim obviously spurious, why on earth would you choose this one???

    30k is **** all.

    I was knocked down when I was 15 crossing a road and the total payout was 5k, 2300 to me and 2700 to the solicitor and that was mainly because the surgeon said the scar on my knee would heal in two years, I still have that scar, so things work both ways.

    you got 2300 for a scar?

    Scandalous!

    My body is covered in scars.


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    #54
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    OldMrBrennan83 wrote: »
    Could, but didn't. Fully recovered it said.

    Everything 'could' do something, so someone give me 30 grand quick.

    You can get a doctor to both exaggerate an injury or the very opposite, depends who's paying


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    #55
    mdwexford
    Registered Users Posts: 11,274 ✭✭✭✭mdwexford


    Don’t be stupid.

    Nothing wrong with this. A three year old child got caused a lot of trauma and pain and had to get surgery because of genuine negligence on behalf of the respondent.

    As personal injury cases go this one is acceptable.


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    #56
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    mdwexford wrote: »
    Don’t be stupid.

    Nothing wrong with this. A three year old child got caused a lot of trauma and pain and had to get surgery because of genuine negligence on behalf of the respondent.

    As personal injury cases go this one is acceptable.

    Such is the media campaign of late about dodgy insurance claim stories, even genuine cases get dismissed

    This business of always comparing to the UK is another bogus standpoint, payouts are very low in the UK

    I suffered a foot injury due to negligence on the part of someone else last year, if someone offered me half a million or a special wish which erased what happened, I'd say keep the money, injuries effect your life in a profound multifaceted way


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    #57
    ohnonotgmail
    Registered Users Posts: 40,149 ✭✭✭✭ohnonotgmail


    Mad_maxx wrote: »
    You can get a doctor to both exaggerate an injury or the very opposite, depends who's paying

    You know both sides get to submit medical evidence, right?


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    #58
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Mad_maxx wrote: »
    Such is the media campaign of late about dodgy insurance claim stories, even genuine cases get dismissed

    This business of always comparing to the UK is another bogus standpoint, payouts are very low in the UK

    I suffered a foot injury due to negligence on the part of someone else last year, if someone offered me half a million or a special wish which erased what happened, I'd say keep the money, injuries effect your life in a profound multifaceted way

    They do have a point. Our payouts are on average over four times what is paid in the UK. The PIAB is supposed to be the first port of call but it is far more likely people will get higher awards in court as will lawyers. Nobody denies that compensation is merited in cases of negligence but the higher it goes the more we all ultimately pay in premiums.


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    #59
    Boggles
    Registered Users Posts: 39,526 ✭✭✭✭Boggles


    is_that_so wrote: »
    They do have a point. Our payouts are on average over four times what is paid in the UK.

    I see this headline stat a lot without much detail.

    One pertinent question would be, are insurance premiums over 4 times cheaper in the UK?

    Obviously there is another 1000 questions to be answered in relation to that stat, but I think that one is a good place to start.


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    #60
    fonecrusher1
    Registered Users Posts: 5,700 ✭✭✭fonecrusher1


    ohnonotgmail wrote: »
    If the kid wants to bring his parents to disneyland when he turns 18 he is entirely free to do so

    Free money!!!


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    #61
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Boggles wrote: »
    I see this headline stat a lot without much detail.

    One pertinent question would be, are insurance premiums over 4 times cheaper in the UK?

    Obviously there is another 1000 questions to be answered in relation to that stat, but I think that one is a good place to start.

    The UK is just a reference point but a relevant one given that many operators are in the market there as well.

    A good place to start is with how much lawyers get in court and with how much freedom judges and juries have to make up awards. People can still reject PIAB settlements to have day in court but then the overall value is almost guaranteed to go up.

    Here's one example of the lunacy we allow.
    https://www.irishmirror.ie/news/irish-news/man-who-received-10-million-14070499

    As the story says it was considered fair and just compensation.

    This is instructive on the Court of Appeal especially the comment about modest injuries. Noteworthy too they are not always reduced.

    https://www.homs.ie/publications/court-appeal-personal-injury-awards/


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