Pedestrian Accident Brain Injury Compensation Approved in Court

by | Jul 31, 2014

A Dublin resident, who sustained life-changing injuries when hit by a car as she was crossing the road, has been awarded €1 million pedestrian accident brain injury compensation after a hearing at the High Court.

Elena Schiopu (60) was crossing Morehampton Road in Dublin on 9th September when she was knocked over by a vehicle whose driver had been attempting to undertake the car that had given way to Elena and her granddaughter, who Elena was pushing in a buggy at the time.

Although Elena had suffered cuts and bruises in the accident, she continued home with her unharmed granddaughter, but later developed slurred speech and weak limbs, and went to hospital for an examination.

Elena was admitted to hospital, and her condition deteriorated so rapidly that she remained in intensive care for seventeen days. Eventually Elena lost all powers of communication and was diagnosed with a quadriplegic brain injury. In 2012, Elena was transferred to a nursing home for specialist care.

On her behalf, Elena´s daughter claimed pedestrian accident brain injury compensation against Eamon McElwain of Donnybrook in Dublin – the driver of the vehicle that had knocked down Elena as she was crossing the road -.

In their action against McElwain, the family argued that McElwain had undertaken the stationary car when he should have known it might be unsafe to do so. McElwain contested the claim – arguing that he had not been speeding or driving dangerously, and that Elena had failed to look as she stepped out from behind the stationary car.

Eventually a €1 million settlement of pedestrian accident brain injury compensation was agreed upon and, at the High Court in Dublin, Ms Justice Mary Irvine was told of the circumstances of the accident and Elena´s tragic injury. The judge approved the settlement – commenting that it was such a distressing case – and extended her sympathies to the family.

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