Case Study

Case summary:

Incident:

Marie was driving her car when, suddenly and without warning, a vehicle hit her car head on at speed. Emergency services were called to the scene.

The paramedics who attended gave her pain relief, and her right arm was placed in a sling. She was then taken to hospital by ambulance.

At the hospital, X-rays confirmed that Marie had fractured her right collarbone. She also had extensive bruising on her right shoulder, along with lower back pain and neck stiffness. She was referred to a fracture clinic for ongoing care.

Marie was due to begin a new position as a relief social care worker, but as a result of the accident, she was unable to start the job. She also had to give up her part-time work in a hotel. Marie was out of work for six weeks.

Over the following months, Marie returned to the fracture clinic multiple times. Despite attending physiotherapy, doctors found no signs of significant healing.

She was later informed that surgery was necessary to realign and fix the broken bone using metal plates and screws. This procedure has left her with a 10cm surgical scar, and the metal plates often cause sensitivity under her skin.

At the time, Marie was also a college student, and the injury significantly affected her ability to study. Typing assignments became difficult, and she required extra time to complete her Christmas exams due to ongoing pain and reduced mobility in her arm.

Marie could no longer participate in her usual physical activities like running and swimming, and she found sleeping on her right side impossible. She would often drive home from college on the weekends, and this became painful and exhausting.

Marie continues to experience ongoing shoulder pain. Simple daily activities such as drying her hair or ironing can aggravate the discomfort. She has since been offered a second surgery to help minimise her pain, but there is no guarantee of complete relief.

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, Marie, or any other potential driver that day.

Case progression:

The Injuries Resolution Board assessed the injury at €61,078.20

Solicitor Ruth Foy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Marie 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 20^th of June 2024 for a sum of €76,145.85. 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.