Case Study

Case summary:

Incident:

One bright evening, John was cycling in an off-road bike path along the coast. On the right-hand side of the bike path was a car park. Any cars entering the car park would have to first obey a stop sign and then carefully cross the bike path, giving way to any cyclists.

However, as John was approaching the car park, a car coming from the left drove straight through the stop sign without checking for oncoming cyclists. John pulled hard on his brakes to avoid hitting the car, and he fell onto the ground landing on his left elbow and wrist.

After getting some information from the driver of the car, John called his mother who brought him to a local fracture clinic.

X-rays revealed a fracture of his elbow and swelling in his wrist. John’s arm was put in a sling for 10 days and he was given painkillers. He was unable to work for two days due to his injury.

After the sling was removed, John attended eight sessions of physiotherapy to regain strength and mobility in his elbow.

Despite the physiotherapy sessions, John experienced ongoing symptoms from his injuries for a number of months, including stiffness and discomfort when lifting heavy items.

John stopped cycling for a period of time after his accident because of the pain in his elbow and wrist. It also took him some time to get back to his full level of activity in the gym. He continues to experience occasional soreness in his elbow and stiffness in his wrist.

Every road user has a responsibility to ensure the safety of others on the road. Unfortunately, by failing to halt at a stop sign, the driver did not take due care on the day of the accident. This led to physical injuries and reduced mobility for John.

Case progression:

The Injuries Resolution Board assessed the injury at €11,756.46. Solicitor Paul W. Tracey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate John 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 24^th of June 2025 for the sum of €21,306.46. This was a great result for our client, we are proud of all the work put in by Paul W. Tracey and his 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.