Structured Settlements Gain Momentum
As work on officially reforming the payment of damages in catastrophic injury cases continues, parties currently engaged in litigating such cases have again shown willingness to engage in structured settlements in anticipation of reform.
On Thursday 29 July 2010 the High Cout approved a structured settlement arrangement in a case involving an Iarnrod Eireann employee who was seriously injured when a steel gate fell on him. It is understood from details published in the national media that Iarnrod Eireann has agreed to pay €250,000 in general and special damages, €160,000 a year for life for care costs, €1,200 a month for life for future loss of earnings, and to cover the plaintiff's tax obligations.
The case has been adjourned until October 2011 in anticipation that legislation to provide for structured settlements will have been brought in. This case joins a number of medical negligence cases, also due for mention in October 2011, that are awaiting the introduction of legislation to formalise this new form of period payment to plaintiffs.
Martha Wilson