Largest settlement

So whats happened - he was a passenger in a car driven by his Mum who had no insurance, crashed, and now the family has been awarded 11m? Or am I not reading that right?
 
mOdO said:
http://www.rte.ie/news/2012/0420/largest-settlement-ever-in-high-court-11-5m.html

Anyone else think this is too much?
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Initially I thought "no, the kid is confined to a wheelchair for the rest of his life". But then, run this past me again...

Mother driving, uninsured, crashes, causing child to be confined to a wheelchair permanently. Grandparent sues mother on behalf of child. Child awarded €11.5m from the MIB. However, mother still cares for child.

I don't even...
 
andrewdodd13 said:
Initially I thought "no, the kid is confined to a wheelchair for the rest of his life". But then, run this past me again...

Mother driving, uninsured, crashes, causing child to be confined to a wheelchair permanently. Grandparent sues mother on behalf of child. Child awarded €11.5m from the MIB. However, mother still cares for child.

I don't even...
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The mother is the Defendant

Child can't sue himself (he is a child and he has no capacity), he needs a litigation friend (an adult)

Simple.

In terms of settlement, the money is not going to line the mum's pocket. They are not going to get a lump sum payment of 11 million.

There will be a smaller lump sum payment, but it will be paid into The General Accountants of the Court account, and even when the mother gets it, it will be destined for things like - making the house wheelchair friendly.

The amount is reflected by the fact that he had good grades, and he is a child.

The monies will be needed for care for the rest of his life. He will not get to live like a king, they go to pay for his bills. Medical bills, nursing care, operations etc. These people will not be rich. I can assure you that if you ask the mum if she prefer to have the money or the child, she will pick the child.

oh. It is likely that this will be a periodical payment case. Meaning the amounts will be paid either annually or quarterly to the Claimant. So they are not getting all that money sitting there getting interest. Each year the amount gets recalculated so it goes up and down with inflation. It all has to do with NHSLA publication in every year in December. Have a read if you so incline.
 
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p.s. In fact the fact that the child is cared for by the mother will keep the claim for care and assistance down.

The defence will argue that the mother will have to care for the child anyway regardless if he is injured or not. Imagine if the child isn't cared for by the mother and had to have professional care, then the claim for that would be MUCH higher.

In the normal world, as the child grow up, the care from the mother would be less, therefore their claim for care and assistance will gradually increase from the mother's side into professional nursing. There will be care reports done by both sides with a cost break down. Imagine if the child needs 24 hours care.

Nurse salary £30k a year
8 hour shifts
24 hours a day
That's £90k a year in nursing care.

(obviously the Defence will argue that he doesn't need a night carer thus only £60k a year)

Now multiply by the rest of his life. This is where the life expectancy comes in (there will be an expert on that too), now you begin to see where the 11m figure comes from.
 
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Raymond Lin said:
p.s. In fact the fact that the child is cared for by the mother will keep the claim for care and assistance down.

The defence will argue that the mother will have to care for the child anyway regardless if he is injured or not. Imagine if the child isn't cared for by the mother and had to have professional care, then the claim for that would be MUCH higher.

In the normal world, as the child grow up, the care from the mother would be less, therefore their claim for care and assistance will gradually increase from the mother's side into professional nursing. There will be care reports done by both sides with a cost break down. Imagine if the child needs 24 hours care.

Nurse salary £30k a year
8 hour shifts
24 hours a day
That's £90k a year in nursing care.

(obviously the Defence will argue that he doesn't need a night carer thus only £60k a year)

Now multiply by the rest of his life. This is where the life expectancy comes in (there will be an expert on that too), now you begin to see where the 11m figure comes from.
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I realise this is where the monetary figure comes from, as I said if the circumstances were different €11.5M wouldn't shock me much at all.

But what I don't get is why an uninsured driver who in all likelihood didn't properly restrain her child is getting off scot-free (guilty conscience aside). If the story was reversed, and an uninsured middle-aged accountant in a BMW had had a "momentary lapse in concentration" and careened in this woman's car, with the same effect, people would be wanting him crucified...
 
andrewdodd13 said:
I realise this is where the monetary figure comes from, as I said if the circumstances were different €11.5M wouldn't shock me much at all.

But what I don't get is why an uninsured driver who in all likelihood didn't properly restrain her child is getting off scot-free (guilty conscience aside). If the story was reversed, and an uninsured middle-aged accountant in a BMW had had a "momentary lapse in concentration" and careened in this woman's car, with the same effect, people would be wanting him crucified...
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She isn't getting away scot free. Her child needs care for the rest of his life!

She may have been charged with careless driving or driving without due care and attention and got points for that but that is as far as the criminal side of the law goes.
 
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