We recently acted on behalf of a young man who sustained a traumatic amputation of his finger while assisting with work on a property owned by the defendant. Our client, a student at the time, had been asked to help with an additional task unrelated to his original reason for being on the premises when the accident occurred.
The claim was initially lodged with the Injuries Board. However, the Board declined to assess the matter on the grounds that the defendants indicated they would be defending the case in full. As a result, the case proceeded by way of High Court litigation.
The defendants not only denied all liability but also attempted to join a third party, alleging that this third party was responsible for our client’s injury. That allegation ultimately proved unsustainable and was abandoned during the course of proceedings. The defendants also pleaded contributory negligence on the part of the plaintiff.
Given the complex nature of the case, we commissioned a number of expert reports, including:-
- engineering evidence to address liability and causation,
- psychological reports to assess the impact of the injury on the client’s mental health,
- prosthetics expert to provide opinion on future prosthetic options.
- An occupation Therapist to give evidence of Aids and Appliances that may be of assistance to the Plaintiff.
The injury caused substantial disfigurement, and the plaintiff experienced ongoing pain, emotional distress, hypersensitivity to touch and temperature, and social withdrawal.
The matter was listed for hearing in the High Court. On the eve of trial, the defendants admitted full liability, withdrew their claim against the third party, and agreed to pay substantial compensation—well in excess of the range set out in the Judicial Guidelines. This award reflected not only the physical injury and disfigurement but also the profound psychological and social consequences for the young man.
This case highlights the importance of persistence in the face of a full denial of liability and the value of assembling a comprehensive expert team to support injured clients through complex litigation.
About the Authors
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
