Woman Awarded Compensation for Head Injury in Car Crash

A woman who suffered significant injuries after a car accident in which the driver was fatally injured, has had an award of compensation for head injury in car crash approved at Dublin´s High Court.

Ciara Kelly (21) was just fifteen years of age when – unbeknown to her parents – she attended an “all-nighter” party in November 2006 with a friend at the home of Shane McMahon in Limerick. McMahon, the court heard, had ended the party prematurely and Ciara – looking for somewhere to spend the rest of the night – fell asleep on the back seat of his car.

While she was sleeping, another party-goer – Noreen Casey (16) – got into the driver´s seat and started to drive McMahon´s car in circles. McMahon took the keys back from her and warned Casey not to take the car again as she had been drinking substantially and was in no condition to drive. However, Casey retrieved the keys and once again started to drive recklessly.

It was shortly after that Casey lost control of the vehicle and crashed into a tree – killing herself in the accident and injuring Ciara, who was taken to hospital with a closed head trauma and a broken right femur. It was claimed at the hearing that Ciara has also developed post-traumatic epilepsy since the accident.

Through her mother, Ciara made a claim for head injury in car crash compensation against McMahon, the estate of Noreen Casey and – as Casey was uninsured and had taken the vehicle without permission – the Motor Insurers´ Bureau of Ireland. The claim included compensation for a “dimunition of her enjoyment of life” due to mental distress and discomfort and the restriction of her everyday activities due to learning difficulties following the accident.

At the Dublin High Court, Ms Justice Mary Irvine heard that an offer of compensation for head injury in car crash amounting to 1.25 million Euros had been made by the Motor Insurers´ Bureau of Ireland which the family had agreed to. Approving the award, the judge said that it was a wise decision to accept the settlement, as the issue of contributory negligence could affect how much compensation Ciara received if the case had gone to trial.