A €650,000 settlement of fatal car crash injury compensation in favour of a family who lost its wife and mother has been approved at the High Court in Dublin.
The family of Rose Martin from Carrickakelly in County Monaghan made their claim for fatal car crash injury compensation following an accident at Philipstown Corner in Killerley on New Year´s Eve 2006, after which Rose (57) died from her injuries.
Rose had been travelling as a front seat passenger in a car driven by her husband William, when it was hit head-on by a car driven by Jason Kearney from Dundalk in County Louth. Rose sustained fatal injuries in the collision which resulted in her death eleven days later in hospital, while William suffered a permanent leg injury and one of the couple´s children – David – required emergency abdominal surgery.
On the family´s behalf, William Martin made a claim for fatal car crash injury compensation against Kearney – not only for his wife´s death, but for the injuries that he and his son – who suffers from Down Syndrome – had sustained.
William claimed in his action that Kearney had driven directly into the path of his own car, at a speed that was inappropriate for the prevailing circumstances and conditions. Liability was accepted by Kearney´s insurers, and a settlement of the family´s claim for fatal car crash injury compensation was negotiated.
However, as David suffers from Down Syndrome – and due to the nature of the claim for fatal car crash injury compensation – the settlement had to be first approved by a judge before it could be finally resolved; and therefore, at the High Court in Dublin, Ms Justice Mary Irvine heard about the circumstances of the accident and the impact it had on the family.
Judge Irvine was told that Rose had been David´s primary carer for 28 years, and that the loss of his wife was emotionally traumatic for William, who had failed to believe that his wife was actually dead. The judge approved the €650,000 settlement of fatal car crash injury compensation and expressed her sympathy for the family.