Damages system ‘unjust and outdated’

A High Court judge yesterday said this country is operating an outdated, unjust and ineffective system of awarding lump sum damages to those who have suffered catastrophic injuries.

Damages system ‘unjust and outdated’

Ms Justice Mary Irvine asked if it was justice that a 24-year-old woman — who was about to settle her catastrophic personal injury claim for €4m — could run out of money if she lived beyond the life expectancy in the figures calculated.

“Ask me is that justice. These are the rules I am asked to operate in,” the judge said. She was speaking as she was about to rule on the settlement in the case of student Jennifer Courtney who suffered a major traumatic brain injury and needs 24-hour care since she was knocked down as she crossed a road in Coolock, Dublin, five years ago.

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