The High Court has refused to approve a proposed €130,000 settlement in personal injuries proceedings brought for a minor injured in a 2014 road traffic accident. The judge said more time and medical evidence were needed to assess the possible long-term effects of the minor’s brain injury.
The minor, identified in the judgment only as B., was seven when he was a passenger in a car driven by his mother, who died in the accident. Liability has been conceded by the estate’s personal representative. The outstanding issue is the amount of damages; the proposed settlement comprised general damages, with no claim for special damages.
The judgment said B. suffered a subarachnoid haemorrhage and other injuries. He initially experienced behavioural and emotional difficulties, including anger, aggression, sleep disturbance and nightmares. Medical reports described an improvement after counselling and a period of good progress, but later reports raised concerns about continuing behavioural challenges and potential effects on his education and future work prospects.
A clinical psychologist’s 2020 report attributed B.’s current emotional and behavioural challenges principally to his childhood brain injury, rather than an ongoing grief reaction. The judge noted that the teenager’s long-term educational and vocational prospects remained uncertain and that further mental health issues could not be ruled out.
The court concluded that it was premature to assess whether B. might receive more than €130,000 if the case went to trial. It refused to approve the offer, saying acceptance now could leave him with less than full compensation. The costs of the application were reserved, and the judge recommended reassessing the matter in two years on the basis of further medical reports. B. has liberty to apply in the interim.
The refusal does not end the proceedings or prevent a later application to approve a new offer, including one based on updated medical reports or an increased amount. The judgment said any trial would proceed on up-to-date medical evidence. It also noted that the minor would not be entitled to payment out until reaching adulthood.