Case Study

Case summary:

Incident:

One afternoon, Donna was shopping in a supermarket accompanied by her son. As she was walking around the store, she suddenly tripped and fell over a shopping basket that was left on the ground.

She fell towards a freezer and put out her hand to protect her head. She landed on her right side, injuring her right arm and knee. Donna immediately felt severe pain so she asked her son to get her husband, who was waiting in the car, to help her.

A few days after the accident at the supermarket, Donna started to feel pain in her chest when breathing in and out. She attended her GP who prescribed pain relief medication and referred her for physiotherapy.

Two weeks following the accident, Donna developed pneumonia and sepsis as a result of the injuries sustained to her chest wall. She was hospitalised for four nights.

During Donna’s stay in hospital, she was also informed that she had sustained soft tissue injuries to her right shoulder, right knee and lower back. These injuries were causing decreased range of motion and discomfort when carrying out daily tasks. Her shoulder injury subsequently progressed into frozen shoulder.

Donna was unable to work for four weeks following the accident.

Despite numerous sessions of physiotherapy, Donna continued to experience severe pain in her right knee. She received six injections into her knee in the months following her accident to alleviate pain and improve joint function. Donna reported that the injections would only work for a short period of time before the pain returned.

This accident severely impacted Donna’s daily lifestyle. Although she was able to walk, she was unable to run or take part in sports like she used to. She also struggled going down stairs and getting up out of chairs. As a special needs assistant, Donna’s ability to do her regular tasks in work was affected by her decreased mobility. The ongoing pain in her right knee resulted in Donna having a partial knee replacement five years after the accident and she also underwent surgery on her right shoulder.

Donna continues to experience stiffness in her shoulder and attends physiotherapy every two weeks.

Supermarket owners and managers have a duty of care to ensure that all customers and staff are provided with a safe environment whether they are working or shopping. In this case the defendants were negligent in their duty to maintain a safe environment for customers. As a direct result of this negligence, Donna suffered not only physical injuries but also ongoing pain, reduced mobility and financial hardship.

Case progression:

The Injuries Resolution Board assessed the injury at €16,302.59. Solicitor Paul Tracey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Donna for the injuries incurred. Paul instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 11^th of July 2025 for the sum of €140,000. This was a great result for our client, and we are proud of all the work put in by Paul and his team to achieve this brilliant outcome.

 *Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. What does no win no fee mean?

   Solicitors fees are based on a number of factors:

   • Complexity and urgency of your case
   • Paperwork involved -the amount of paperwork, medical records etc., that need to be obtained and examined
   • The amount of time spent by the personal injury solicitor and their legal assistant on the matter
   • Skill, knowledge and expertise
   • Whether costs can be recovered from the other side will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.

   Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease.

   You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry the Law Society of Ireland regulate how a solicitor’s firm can advertise their services, one of these regulations is that a solicitor’s firm cannot advertise ‘no win no fee’ services and any solicitor found advertising these serves will be found to be in breach of the regulations. Keep this in mind when choosing your solicitor to represent you.

2. What information will I need for my solicitor to make a claim?

   In order for your solicitor to proceed with a personal injury claim for you they will need the following information:

   • Details of the person who caused the accident.
   • Names, addresses and contact information of any witnesses to the accident.
   • Where available, photographs of the location of the accident, paying particular attention to the item or area where the accident happened.
   • Name of Gardaí/police and station where the accident was reported- names of any Gardaí who attended the scene of the accident (where applicable).
   • Medical records detailing any injuries/treatment following the accident.
   • Details of any costs incurred following the accident.
   • Details of any loss of earnings and details of any future loss of earnings if you are to be out of work for a long period of time.
   • Cost of medical treatment-details of future medical treatment needed.

3. Will I have to go to court?

   Every case is different and each case comes to a resolution differently. In the majority of personal injury cases, the person making the claim will not step foot into a courtroom.

   It is possible that the person at fault will seek to settle outside of court and your case will be settled in a settlement meeting attended by you, your solicitor and barrister to negotiate your settlement.

   Ultimately, it is entirely up to you whether to accept the settlement offered. If you do not accept then it will move to a court hearing where a judge will decide how much your settlement will be.