Wrongful Death in Ireland

There are a number of scenarios in which you may be entitled to make a compensation claim for wrongful death in Ireland – each of them emotionally charged and exceptionally distressing. Claims for wrongful death in Ireland have to take into account the impact that a person´s death has on the remainder of the family, whether it is a husband who will no longer be able to provide financial support for his family or a child who sustains a fatal injury during their delivery. In all events, it is recommended that you speak with one of our professional and courteous solicitors for impartial and practical advice about claiming compensation for a wrongful death in Ireland.

Judge Repeats Call for Introduction of Periodic Payments in Ireland

Posted on: October 12th, 2012

Ms Justice Mary Irvine has called once again for the introduction of periodic compensation payments in Ireland for cases of catastrophic injury – claiming that important cases cannot be held up any longer while the courts wait for the Government to introduce legislation.

The High Court judge said that a working group had recommended 3 and a half years ago that the legislation be introduced, but nothing had been done and there was no indication that any legislation was forthcoming.

Back in July, the judge stated at the end of a case surrounding nine-year-old Ian Cusack that “we are not protecting the welfare of the young and most vulnerable in society” when approving a 5.5 million Euro lump sum settlement and said that “barring a miracle” it was very difficult to assess the anticipated life expectancy of a claimant.

Ms Justice Irvine noted that if the life expectancy of a claimant was wrongly estimated, one of two things could happen. Either the injured victim could run out of money to provide the care they need or, as happened recently, a victim could die within a couple of months of an award being made – with their family being the recipient of a large windfall at the expense of the State.

The judge´s comments on this occasion were made when a case was brought before her at the High Court which had been adjourned in 2010 in anticipation that legislation for periodic payments in Ireland would be introduced. She said that she would not adjourn the case for another year as the Government had not brought forward legislation and there was no guarantee it was going to be forthcoming.

“I am not going to extend the hardship any further” said the judge, noting that the delay in the resolution of the case was leading to substantial suffering and making it very difficult for those involved. Ms Justice Mary Irvine added that her view was shared by Mr Justice Nicholas Kearns – President of the High Court.

Settlement for Unlawful Killing Case Announced in High Court

Posted on: October 9th, 2012

A compensation settlement of 722,000 Euros is to be paid to the widow of a man unlawfully killed thirteen years ago in a grudge attack over a bed and breakfast business.

The award followed a High Court hearing in which the circumstances of Terence Madden´s murder were related to Ms Justice Mary Irvine by Mr Madden´s widow – Margaret – and other members of the Madden family.

Terence Madden had been murdered outside the family´s bed and breakfast establishment in County Sligo after a punishment-style beating was ordered by former soldier Michael Doohan whose mother ran a rival business nearby.

Doohan and two other men were convicted of Terence Madden´s murder, while a fourth man was convicted of possession of a sawn-off shotgun. Margaret Madden sued the three men and the estate of the fourth – who has since died.

After the hearing last week – which was adjourned for the assessment of damages – Margaret Madden was joined in court by her daughter Claire as Ms Justice Mary Irvine announced the settlement, which to be paid from the assets of the four men. Further awards, amounting to almost 40,000 Euros were made to Terence and Margaret´s children and Terence´s remaining siblings.

Claim for Unlawful Killing Damages Heard in Court

Posted on: October 4th, 2012

A woman who suffered a heart attack as she watched her husband being murdered in a contract killing has had her claim for damages heard at the High Court.

In a case which is the first of its kind in Ireland, Mrs Margaret Madden of Ballaghaderreen, County Roscommon attended the High Court in Dublin to give evidence in support of her claim for damages against the men who were involved in the murder of her husband – Terence Madden (52) – in January 1999.

Ms Justice Mary Irvine heard that Mr Madden died in what was intended as a punishment-style beating for running a Bed and Breakfast establishment in competition to his assailant´s mother´s business. Although his attackers were instructed only to break bones in his limbs, Mr Madden received a bullet in his thigh which punctured his artery and caused him to bleed to death.

The court was told that three men were serving life sentences for Mr Madden´s death and that Margaret´s claim for unlawful killing compensation included a claim against the estate of a fourth man who had died two years ago. One of Terence Madden´s attackers – Michael Doohan – was at the High Court to hear details of the claim, and Ms Justice Mary Irvine was informed that he and the other two assailants would abide with any order made by the court.

In her evidence, Margaret Madden told the court that since her husband´s death she has not been unable to run her business and had suffered the personal injury of a heart attack at the time of the killing and nervous shock thereafter. Mrs Madden asked the court for aggravated and punitive damages for assault, battery, conspiracy and intimidation and also requested that an order be placed on the three surviving men to prevent them from concealing their assets.

After hearing Margaret Madden´s evidence, Ms Justice Mary Irvine adjourned the hearing and said she will rule on the sum of damages to be awarded next week.

This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.