How much compensation for being injured by an automatic door should someone receive? My son’s nose was broken when he walked into an automatic door that didn’t open properly and the shop has now offered him 1500 Euro. Is this enough?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Each compensation claim is different, even when two people suffer the same injuries that were sustained in a similar accident, and your son’s claim for compensation for being injured by an automatic door should be assessed by its own individual merits. It may be the case that the amount offered by the shop is a fair and sufficient amount to but it is advised that you consult with a solicitor who is in a good position to give you a preliminary estimate of how much compensation you should genuinely be entitled to.
Often in cases where the shop admits liability for the victim’s injuries and their insurance company approaches them with an early offer of compensation for being injured by an automatic door, the amount offered is calculated by measuring the injuries and situation on an online claims calculator or by referring to previous similar accidents. Little regard is given to the impact the injuries have had on the victim’s quality of life although this “loss of amenity” can rightfully be compensated for. For example, if your son’s injury has prevented him from participating in a social or leisure activity he had previously enjoyed, he should be able to be compensated for this deterioration to the quality of his life.
Another aspect of a claim for compensation for being injured by an automatic door that may not be included in an offer by the negligent party’s insurers, is that your son may be able to recover any expenses incurred that are directly attributed to his injury i.e. the cost of painkillers.
You would be well advised to engage in the services of a solicitor if you have any doubt over accepting such an unsolicited offer. Most solicitors offer a free initial consultation where they can assess your case and the compensation settlement offered by the shop’s insurers, and they can determine whether or not the offer is fair and reasonable or if it would be in your best interest to pursue legal action.