Case Study

Case summary:

Incident:

Ruth was cycling in the bike lane on a main road. There was a slow-moving cyclist ahead of her, so she carefully exited the bike lane to overtake.

In between the bike lane and the main road was a slightly raised section of concrete that ran along the road in line with the bollards.

As Ruth re-entered the bike lane from the road, the wheel of her bicycle hit the raised concrete section, causing her to fall onto the ground.

A passer-by who saw Ruth fall immediately went to her assistance and called an ambulance.

When Ruth arrived at the hospital, she underwent a number of x-rays which showed that she had fractured her wrist.  She also had severe bruising and grazing to her face and body. Ruth’s wrist was placed in a cast for six weeks and she was referred to a fracture clinic.

When the cast was removed after six weeks, Ruth needed to have further therapy on her hand. This consisted of splinting and casting for another six weeks because of an injury to her finger joint. She attended physiotherapy, where she also received pain relief injections in her right shoulder.

Due to pain in her neck, right shoulder and hand, Ruth was unable to take care of her grandchildren, do activities around her house, and play the piano. Furthermore, following the incident, Ruth has not attempted to ride her bicycle. She feels discomfort when lying down from the continuous pain in her shoulder. Ruth also feels pain when she is driving and has limited range of motion in her wrist. She needs to take painkillers regularly to manage the pain.

The defendants were negligent in their duty to maintain a safe environment for road users. As a direct result of this negligence, Ruth suffered not only serious physical injuries but also ongoing pain, reduced mobility, and financial hardship.

Case settlement:

The case was settled on the 19^th of March 2024 for the sum of €60,000. This was a great result for our client, and we are proud of all the work put in by Maria and her 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.