Mother receives $40,000.00 in compensation even though she was not a passenger in a motor vehicle – nervous shock
Published 16 Dec 2015
We acted Mrs M whose children were involved in a motor vehicle accident when their father lost control of the vehicle causing the vehicle to spin and strike a tree. The mother received a phone call from the husband advising her that an accident had occurred and that her daughters were in hospital. As a result of that news, the mother developed nervous shock and that worsened when she saw her daughters in the critical condition that they were in, in the hospital.
Mrs M was unsure whether she had any rights and she approached the offices of Gerard Malouf & Partners to make enquiries. She was advised that even though she was not involved in the accident, the law permits her to make a claim because she has suffered a significant nervous shock as a result of seeing her children badly injured.
A Personal Injury Claim Form was lodged with the relevant CTP insurance company who then accepted the claim.
Mrs M went and saw her Psychologist for treatment and when her injuries were stabilised we arranged for her to be assessed by a Psychiatrist.
A Psychiatrist assessed Mrs M’s injuries as being greater than 10% whole person impairment. The insurer refused to accept our Report and the matter had to be referred to the Medical Assessment Service for determination of this dispute.
Ultimately the Motor Accidents Authority held that Mrs M’s injuries were less than 10% and she was not entitled to pain and suffering.
When the Motor Accidents Authority assessment was done the insurance company indicated their willingness to participate in a settlement conference.
After extensive negotiations, the matter resolved for $40,000.00 even though Mrs M had not suffered any wage loss and her claim was limited to treatment expenses and care.
Mrs M was thrilled with the outcome given that she was not a passenger in a vehicle and she was not expecting any compensation at all.
If you are a mother or father or child who has suffered shock as a result of seeing a family member seriously injured in a motor vehicle accident then you may also have rights to make a claim for nervous shock under the Motor Accidents Compensation Act, 1999.
We are more than happy to assist and give you advice if you are unsure. Please call us on our toll free number 1800 004 878 and arrange a free no obligation consultation with one of our Accredited Personal Injury Specialists.