A serious injury can have a devastating impact on the individual who experiences the trauma. If you, or a member of your family, have suffered a serious injury, you may be entitled to make a compensation claim against the liable party *.
In this section
We’ve provided some general helpful information below. However, you may find it useful to navigate directly to one of our guides relating to specific types of serious injuries. You can use the following links to do this.
With many injuries arising from accidents, any claim for compensation will be centred around general damages for pain and suffering as a result of the injury itself, together with special damages for any costs of medical treatment and other out-of-pocket expenses incurred directly as a result of the injury.
However, where the compensation figures tend to become more substantial is where someone has been rendered incapable of working because of their injuries, either for a specific period or for the rest of their lives. In such cases a report from a vocational rehabilitation expert will be required to determine whether there are any other alternative forms of employment that the victim can be retrained in, having regard to their injuries so as to “mitigate their loss” (i.e. to reduce the amount of wages being lost as a result of the injury).
If the injuries are sufficiently serious, there’s every possibility that the injured person will never return to work again and, depending on how young or old they are, the figure required to compensate for their ability to work can become very significant. For example, if someone would ordinarily be expected to be able to continue to work for another 20 years, even if they’re earning the minimum wage those figures multiply up for the remaining 20 odd years of their anticipated working life. The other things that you would have to allow for in serious injury cases would be occupational therapy, changes to housing and accommodation, and changes to transportation, adapted vehicles etc. and nursing care costs as a person gets older.
Reports will be needed from all of these experts to identify what needs to be done and what the expected cost of that is likely to be. An expert actuarial report will then be required to bring all of these figures together in a capital sum by way of compensation. Added together these sums can become substantial as a result and, the younger the injured person is, the larger they are likely to be in light of the fact that the sums will need to provide for costs to be incurred over much longer periods of time.
As a result, you will generally find with serious injuries that the amount of general damages awarded for pain and suffering for the injuries themselves may well be dwarfed by the special damages to allow for future care needs. Large awards of this nature in personal injury and medical negligence litigation can seem like huge windfalls, when in fact they are just providing for the basic care needs of the injured person for the remainder of their life just so that they may continue to have some quality of life. Take a look at the Personal Injury Assessment Board’s Book of Quatum for further background reading.
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims *, McCarthy + Co. has expertise in a wide variety of fields including workplace and road traffic accidents. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we have worked with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance regarding any form of serious injury *.
Get in contact with our personal injury solicitors today to make a start on your claim * or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on firstname.lastname@example.org and we will get back to you as soon as we can.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.