Case Study

Case summary

Incident

Isabelle was driving to work one day when suddenly, and without warning, an oncoming vehicle pulled out in front of her. Isabelle immediately swerved to the right to try avoiding the car, however, the vehicle hit her front passenger wing. Due to the impact, Isabelle’s car also hit into a wall. Isabelle felt dizzy and shaken when she got out of the car.

The Gardaí arrived at the scene of the accident and Isabelle was taken by ambulance to hospital. She was diagnosed with a soft tissue injury to her neck and right wrist. X-rays did not reveal any fractures, so Isabelle was prescribed painkillers and discharged from hospital.

Isabelle worked as a waitress and was initially out of work for one week. However, as the pain in her wrist got significantly worse, she was unable to work for an additional three weeks.

Because of the ongoing pain, Isabelle was assessed by her GP. Her wrist was put into a splint, and she received two injections to minimise the pain. She was also referred to physiotherapy.

Isabelle developed post-traumatic stress disorder following the accident. She felt anxious when driving and was very vigilant for danger. She experienced insomnia, broken sleep and excessive fatigue. Isabelle attended seven psychotherapy sessions and was prescribed medication to help her sleep.

This accident also impacted Isabelle’s daily lifestyle. She was unable to go to the gym and experienced a loss in appetite.

Every road user bears the responsibility of ensuring the well-being of other road users. Unfortunately, on the day of the accident, the defendant failed to slow down and give way to Isabelle’s vehicle, resulting in a collision. As a direct result of this negligence, Isabelle suffered not only physical injuries but also psychological injuries and financial hardship.

Case progression

The Injuries Resolution Board assessed the injury at €20,111.89. Solicitor Paul Tracey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Isabelle 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 7^th of November 2024 for the sum of €31,000. 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 successful outcome.

 *Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. How do I make a car accident claim?

   Following a car crash or other road traffic accident, your first port of call is to check to see if you, any passengers and anybody else involved in the accident need medical attention and to call an ambulance, where necessary, to ensure that medical attention is gotten as soon as possible.

   It is important that, if you have suffered a personal injury that you book an appointment with your doctor as soon as possible after the road traffic accident, even if you are involved in a minor road traffic accident, regardless of how minor you think the injuries are, in some cases these minor injuries can develop into a more serious threat to your health. In worst case scenarios, fatal road accidents can occur.

2. What information will my solicitor need 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 (keep your receipts).
   • 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. How to calculate the value of my claim?

   The Injuries Board Book of Quantum provides us with general guidelines as to how much compensation may be awarded in a personal injury claim and is used by the Injuries Board when they are assessing a personal injury claim. This book was compiled by examining sample cases from over 51,000 closed personal injury cases from 2013 and 2014 and is based on actual court figures. It shows us what personal injury compensation amounts were awarded in the past and help give an estimate as to how much compensation could be awarded based on a person’s specific injuries.