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Even Judges Get it Wrong? - September 2020

As a plaintiff, you may have heard the lawyers use the expression – “the assessment of damages is not an accurate science” and this is amply borne out in the Court of Appeal decision of McKeown -v- Crosby, given in August 2020.

In March 2017 Mc Keown was making a right turn when Crosby who was trying to overtake crashed into her. In December 2019, at a very short hearing, the high court awarded €70,000 for her pain and suffering and another €6,000 for her expenses.

On appeal by the defendant the judges cited previous judgements stating that damages should be proportional to social conditions and the general level of incomes and on that basis reduced the award for pain and suffering to €35,000.

If we are to follow the court of appeal, then personal injury awards during Covid will be coming down.

If you are a plaintiff, self-insured or are in the unfortunate position of finding yourself uninsured and you need advice please contact us today.

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