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Unsettled - Long delay in case irks parents

The long delay in having a court case settled is proving difficult for the parents of a 12-year-old girl, who are seeking compensation from the government for their daughter.

According to one of the parents, the case has been dragging on for the last seven years and they are having great difficulty to care for the child.

"I have a lawyer representing us in the case but I cannot understand why the case is taking so long to be disposed of," the parent said.

"We are experiencing severe financial problems to care for our daughter. There are medical expenses involved and our daughter is go get special medical treatment and we cannot afford to pay for it. "If our daughter does not get the medical treatment, which is expensive, we fear that by the time the case is settled, our daughter's condition will deteriorate.

"I cannot believe that a simple negligence suit could drag on for so long. Sometime ago, when I spoke with our lawyer, he told us that the government lawyers were willing to settle the case but it was just the amount of money to be paid that was to be determined.

"I am just wondering whether a portion of the money could be paid to us until a decision is made as to what the compensation should be," the parent said.

If the government lawyers decide that the government is liable to pay compensation, you could ask your lawyer to write to the government lawyers to authorise an interim payment until the issue is settled.

Your lawyer can take steps for the matter to go to court for an assessment of damages, if the parties cannot agree on the amount that should be paid to you on behalf of your daughter. A judge will hear evidence in the matter and make an award.

 

January 16, 2009

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