Serious and Catastrophic Injuries

 The Impact of a Catastrophic Injury

• Each and every catastrophic injury impacts the survivor and their entire family.Taking care of someone with mobility or cognitive limitations is physically, emotionally, financially and psychologically taxing.
• While no amount of money will ever compensate you or your loved one for the injury sustained, it can enable the victim to access the appropriate care to ensure life can be lived in as comfortable a manner as possible.
• Given the seriousness of these cases it is essential you are advised by an expert Medical Negligence/ Personal Injury solicitor, experienced in this area.

The team at Hussey Fraser Solicitors understands that a catastrophic injury can be a tragedy for the family. We are here to assist and help - to guide you through the Claims Process with care and commitment. All of our Catastrophic Personal Injury cases are led by our Partner John Browne one of the most experienced and highly regarded solicitors in the Personal Injury and Medical Negligence area.

Who is liable for my injury?

Regardless of where the injury occured, it is always necessary to establish who is at fault for the accident which led to the catastrophic injury. Serious injury can be caused by accidents due to negligence in a range of contexts including but not limited to the following:

• Healthcare settings 
• Medical Negligence incidents (see below)
• Road Traffic/Car accidents
• Motorbike accidents
• Cycling accidents
• Workplaces
• Construction sites
• Public facilities
• Supermarkets and other retail settings
• Educational establishments

What types of Serious/ Catastrophic injury can I claim for?

There is no limit to the type of catastrophic injury for which you can bring a claim. However we are commonly engaged by clients with the following types of trauma:

• Head and Brain injury
• Eye injury
• Musculoskeletal injury
• Back and Spinal injuries
• Burns
• Amputations
• Psychological (PTSD)

Catastrophic Injuries as a result of Medical Negligence

Medical Negligence can be a factor in cases involving such injuries such as birth injury, spinal injury and traumatic brain injury.This can be due to:

• Failure in diagnosis
• Delayed treatment
• Inappropriate surgical or medical procedure or technique
• Mismanagement of medication
• Not providing the patient with accurate information

Compensation Claims

In all Catastrophic claims, compensation will be split into General and Special damages.
General damages is the compensation you receive for the pain and suffering associated with your injuries. Under the New Personal Injury Guidelines, the maximum award for general damages in a catastrophic or serious injury case is 550,000 euro. The Court will take into account the following factors:

• Age
• Life expectancy
• Extent of residual movement
• Pain
• Effect on others senses
• Psychological sequelae including depression
• Effect on familial and other relationships

There is no cap on the amount the court can award for Special Damages. 

• These are out of pocket expenses incurred by the injured party and include such costs in the future.This is the reason for the Courts making very high value awards for serious injury claims
• The two main types of Special damages are future costs and current and future loss of earnings. The courts have a difficult time finding the appropriate compensation in these cases as it requires an element of ‘looking into the future’.
• For this reason it is important you engage the services of an expert Catastrophic Injury solicitor who is experienced in such cases.

Speak to Hussey Fraser - leading Catastrophic/Serious Injury Claims Solicitors

Hussey Fraser, leading Medical Negligence and Personal Injury Claims Solicitor, has been successfully representing clients for the past 30 years, with a unique and specialist service making it one of the leading Catastrophic/ Serious Injury claims firms in Ireland.