Case Study

The Incident

Ben was driving home from work one day when suddenly, and without warning, another vehicle broke a red filter light, pulled out from a side road and into the lane Ben was travelling in.  Ben was unable to avoid the vehicle, and the two cars collided head-on.

The impact caused Ben’s airbags to open and fill his car with smoke. He lost consciousness for several minutes following the collision. After he regained consciousness, he was assessed by emergency services at the scene before being taken to hospital for further examination.

At the hospital, Ben underwent CT scans of his brain and neck, along with an X-ray of his chest. He was diagnosed with soft tissue injuries to his neck and back. He was then prescribed pain relieving and anti-inflammatory medication before he was discharged.

Although Ben’s neck pain improved over time, he continued to experience pain in his lower back which travelled into his upper thigh. His symptoms became worse when lifting or carrying heavy loads, sitting for long periods or using the stairs. He also experienced stiffness in the morning and regularly needed to move around to ease the discomfort.

Ben was unable to work for two months following the accident. When he returned to work, he was initially placed on restricted duties because of his back pain and an inability to lift anything weighing more than 15kg. He later changed jobs to avoid work involving heavy lifting.

Ben’s existing mental health issues also became worse following the accident. He experienced anxiety, low moods, disturbed sleep and difficulty concentrating. He began to feel anxious when travelling on the road.

The accident had a significant impact on Ben’s daily life. He was unable to return to the hobbies he took part in before the accident, including boxing and going to the gym. He is a single parent, and found it difficult to lift and care for his young daughter as he could not lift her.

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 give way to Ben’s vehicle, resulting in a collision. As a direct result of this negligence Ben suffered not only physical injuries but also psychological.

Case settlement:

The case was submitted to the Injuries Board for assessment, However after reviewing the details, the Injuries Board declined to assess the case, so Ben’s solicitor, Elaine Hickey, instigated Court Proceedings.

The case was settled on the 21^st of November for the sum of €19,000. This was a great result for our client, and we are proud of all the work put in by Elaine and her team to achieve this brilliant 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.