Court approves settlement.
The Circuit Court has approved a settlement offer for a young girl who suffered an injury from a piece of metal protruding from table at her creche.
Injury to cheek
The seven-year-old girl, who was two at the time of the injury, suffered an injury to her cheek. She brushed her cheek across the piece of metal protruding from the table and suffered an injury to her right cheek. There remained a visible scar five years after the incident.
Judge O’Connor, of the Circuit Court, noted that whilst the injury had healed well, the scar did remain noticeable on the girl.
PIAB assessment
The Personal Injuries Assessment Board assessed the damages at €30,000, which was rejected by the child’s legal representatives. An offer of settlement was then made by the creche in the sum of €38,000.
Circuit Court approval
The matter came before the Circuit Court for approval. A judge must approve all proposed settlements for minors. The barrister representing the girl informed Judge O’Connor that he was not recommending the offer of settlement. Nor was the child’s mother, who had taken the case on behalf of the child, satisfied that the offer represented a fair sum of compensation for the girl. Minors cannot take cases in their own right so the girl’s mother brought the case on her behalf, as her next friend.
Further negotiations between the girl’s legal representatives and the insurance company for the creche led to an increased offer in the sum of €45,000.
The case resumed before Judge O’Connor and the Court was informed of the increased settlement offer. Counsel for the girl informed the Court that he was recommending the offer, which represented a fairer sum of compensation. The Judge approved the settlement. The monies will be lodged in the Court Office until the child reaches the age of eighteen.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
