Caoimhe and her team have successfully processed hundreds of claims for injured parties through the Injuries Board. Caoimhe also successfully challenged arbitrary decisions taken by the Injuries Board in two cases where she acted for children. In one case she challenged a decision by the Injuries Board where they only allowed the cost of three medical reports even though the child claimant had incurred the expense (through his mother) of four medical reports deemed necessary in order to fully understand the extent of his injuries which included psychological problems. In that case Judicial Review proceedings were brought against the Injuries Board which is an expensive legal process involving the High Court. In the end the Injuries Board settled the argument, had to pay the costs of the Judicial Review proceedings and paid for the fourth medical report. If the Injuries Board had just accepted their error early on, the hugely expensive judicial review proceedings would not have been necessary, not to mention the stress caused to the Client. Don’t forget the Injuries Board is a statutory body part funded by the Government, i.e. you the tax payer.
In another case the Injuries Board arranged for the child to be seen by a doctor who prepared a medical report with entirely inaccurate information. The report had the child’s date of birth recorded incorrectly and the injuries noted referred to her knee whereas in fact the child had suffered a head and chest injury. The Injuries Board overlooked these serious mistakes and went ahead and assessed the case despite objections from the Client, the child’s mother. Again Judicial Review proceedings were necessary to resolve the matter in favour of our child client. In doing so we secured a compensation award double the amount of what was initially assessed was achieved. The Injuries Board also paid for the costs of the Judicial Review proceedings. These are just two examples of situations where the Injuries Board have simply got it wrong and we aware from other colleagues who regularly deal with the Injuries Board that this is not uncommon.
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