Catastrophic Injury Claims
Sometimes, public liability claims involve severe physical and mental trauma and significantly monetary sums. Defending these claims needs particular sensitivity on the part of your legal team and a bespoke strategy that takes account of the judiciary’s current attitudes and the plaintiff’s representative’s tactics to drive a fair and timely resolution.
We understand the issues at play when our clients desire an early and conclusive resolution, and when the issues are less clear-cut and clients are prepared to defend the claim for reasons of policy or precedent.
Our established network of expert relationships means that we can develop workable strategies to resolve the complex issues involved in these matters that result in sensible negotiations and outcomes.
Some of the incidents that we have successfully defended or in which we have mitigated our client’s exposure include:
A claim following brain injury to a foreign national on a construction site
Representing the insurer of a builder in a claim by an Irish worker of a subcontractor who suffered a severe brain injury from an accident on site. The worker returned to Ireland following the incident. We successfully defended the claim at first instance, on appeal and resisted a special leave application to the High Court.
As liability was in dispute, our strategy involved an application to sever the determination of liability and quantum before incurring the significant costs of having the plaintiff examined in Ireland and having part of the trial heard on commission in Ireland.
Apart from the significant damages that would have flowed from an adverse finding, the strategy devised resulted in significant savings in legal spend.
A claim involving brain injury against mountain bike manufacturer for faulty components
Acting for an international insurer in respect of a claim against the Taiwanese manufacturer of a mountain bike component which failed, resulting in a catastrophic brain damage claim.
The claim required analysis of the extra-territorial reach of Australian consumer protection laws, choice of law issues, and evidence from experts in Taiwanese and German law in the context of contracts between entities across different countries. We resolved the claim at mediation in favour of our client.