Case Study

Case Summary

Incident

Margaret was walking home from work late one night. While walking along the footpath, she stumbled and fell because of an uneven surface. She was carrying bags in both hands at the time and landed heavily on her right knee, which took most of the impact. She also injured her left knee in the fall. The bags strapped across her shoulders cushioned her upper body and prevented her face from striking the ground.

Although she was experiencing discomfort in both knees, she carried on with her usual daily activities and attended work the following day, believing the pain would eventually improve.

When her symptoms did not ease, Margaret attended her doctor for further assessment. Her doctor suspected that the accident may have caused early onset of arthritis and referred her for an MRI scan. The scan revealed severe degenerative changes in her right knee. Margaret had no previous history of arthritis before the accident.

As a result of her injuries, Margaret had trouble walking up and down the stairs. She was prescribed strong medication to help manage the ongoing pain and discomfort in her knees.

The city council has a duty of care to ensure the footpaths are in a safe condition for pedestrians. On the day of the accident, the uneven surface on the footpath caused Margaret to stumble and fall, resulting in injuries to both of her knees. Her injuries caused ongoing pain and difficulty.

Case Settlement

The case was settled on the 28^th of October 2016 in the High Court. The case was settled as the city council failed in their duty to provide a tactile surfacing area at the pedestrian crossing. It is probable that the foundations were insufficient.

Frequently Asked Questions

1. What are the legal time limits?

   The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. The general rule for all personal injury cases is that the person has two years minus one day from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

2. How is compensation calculated?

   The Judicial Council’s Personal Injury Guidelines provides us with general guidelines as to how much compensation may be awarded in a personal injury claim. These personal injury guidelines are used by the Injuries Board and the Courts to enable them to ensure consistency in the awards of monetary damages in successful personal injuries claims.

3. How do I start the claims process?

   The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form (Form A) in order to start the claims process. Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) and do this on your behalf.