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Six-Figure Compensation for Brain Injury Awarded

Posted: January 31st, 2016

A twenty-five year-old Longford man has received a settlement of compensation for brain injuries he sustained at just eighteen years old.

On the 27th January 2009, Francis Smith – of Edgeworthstown in County Longford and employed in a local factory – was driving along a road. However, because of an oncoming vehicle, Mr Smith had to suddenly swerve to avoid a collision. This action, regrettable, caused his to collide with a parked lorry just ahead of him, and left him with severe and extensive physical and cognitive injuries.

Mr Smith, then aged just eighteen years old, was so severely injured by the collision that he can no longer work, and is reliant on his mother, Martina Dempsey, for twenty-four-seven care. Acting on behalf of hew disabled son, Ms Dempsey filed a claim for compensation against the Longford County Council. In the claim, Mr Smith’s mother alleged that there were the ongoing roadworks were not sufficiently advertised and as such motorists were not adequately aware of their presence. Additionally, there was no flagman at the site to make drivers aware of oncoming vehicles. She also claimed that the lorry with which her son collided was parked such that it extended too far onto the road, and its nearness to the roadworks posed another danger.

Longford County Council never conceded liability for Mr Smith’s injuries, counteracting Ms Dempsey’s claim by stating Mr Smith was mostly accountable for his injuries as he had been negligent and driven too fast for the conditions of the road.

When the case went to Dublin’s High Court, the parties had negotiated a €750,000 settlement of compensation – roughly 25% of the claim’s full value. The case was overseen by Mr Justice Kevin Cross, who proceeded to approve the settlement of compensation. In his closing remarks, Judge Cross said he wished Mr Smith well in his future.

Categories: Car Accidents

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