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  • Brain injured victim awarded €750,000 compensation.

Brain injured victim awarded €750,000 compensation.

Martina Dempsey, made a claim on behalf of her son Francis Smith (now 25) for compensation, following his RTA in January 2009 (then aged 18).  Francis had been driving along a road when he had to swerve to avoid a car heading in his direction, and crashed in a parked lorry ahead of Council roadworks.

Francis suffered severe brain damage and is no longer able to live independently.

Martina claimed for damages against Longford County Council, alleging that inadequate warning of roadworks was responsible for her son’s accident and subsequent injury.  She also claimed that the lorry was parked in a dangerous position, causing a hazard to other vehicles. The Council alleged that Francis was the author of his own misfortune by driving too fast for the road conditions.

A €750,000 settlement of the brain injury claim had been negotiated between the parties, which was approved by Mr. Justice Kevin Cross.  This settlement represents 25% of the sum claimed.

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