Case Study

Case summary:

Incident:

Marian was driving on the motorway with her family and was approaching her exit. She drove on the exit ramp and stopped at the flashing amber light when Suddenly, without warning, she was struck from behind by another vehicle causing her car to launch forward aggressively.

Marian was shaken up after the accident and was concerned for the safety of her passengers.

The Gardaí attended the scene and took both drivers’ details.

The following day Marian attended her GP. Upon examination it was confirmed that she had suffered soft tissue injuries to her neck, left shoulder, left arm and back. Marian was also suffering post-traumatic stress after the accident. She had previously been diagnosed with anxiety and the accident negatively impacted her pre-existing condition.

She was prescribed with anti-inflammatory medications and referred to a psychiatrist.

Although she improved physically in the weeks following the accident, her mental health began to worsen. Her anxiety levels increased, she had difficulty sleeping and she avoided driving.

As time went on, she was able to drive again, but now restricts her journey to short distances. Marian’s physical injuries eventually fully healed, and her sleeping pattern returned to normal.

The defendant was driving without taking due care and in a dangerous and unsafe manner.  As a result of the defendant’s failure to stop, Marian was left to suffer physically and mentally.

Every road user bears the responsibility of ensuring the well-being of other road users. Unfortunately, the driver did not consider the safety of themselves, Marian, or any other potential driver that day.

Case progression:

The Injuries Resolution Board assessed the injury at €5,495. Solicitor Ruth Foy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred.

Ruth instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 31^st of July 2024 for the sum of €21,500. This was a great result for our client. We are proud of all the work put in by Ruth and her team to achieve this 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.