Case Study

Case summary:

Incident:

One evening, Simon was driving his motorcycle while working as a food delivery driver. He was wearing a helmet and protective clothing. As Simon was approaching a junction, a car that was parked on Simon’s left side, suddenly and without warning, accelerated diagonally across Simon’s path towards the opposite lane.

Simon applied the emergency brakes and tried to avoid a collision. However, while doing so he lost control of his vehicle and fell onto the road. Simon landed on his right side and slid along the road but did not collide with the car.

Simon felt immediate pain in his neck, back and right shoulder, but he was able to get to his feet. He called the Gardai, who attended the scene. As he was able to walk, he decided to go home.

The next day, Simon’s symptoms were worse, so he went to his GP. He was prescribed pain medication and cream for skin abrasions. Simon was unable to work and was housebound for two weeks following the accident.

Although the pain medication helped to some extent, Simon returned to his GP two months after the accident as he was experiencing severe pain over his right shoulder and lower back. Simon had an MRI scan of his right shoulder which showed that he had tears in the tendons and moderate soft tissue damage.

This accident had an impact on Simon’s daily life, especially as he is right-handed. For about a year, Simon felt back pain while doing physical activity like lifting weights at the gym or playing soccer, as well as when he was trying to sleep. He relied on the motorbike as his primary mode of transportation and unfortunately, riding his motorcycle exacerbated the pain in his right shoulder.

Every road user bears the responsibility of ensuring the well-being of other road users. Unfortunately, on the day of the accident, the defendant was driving without taking due care and in a dangerous and unsafe manner. This resulted in not only physical injuries, but also in ongoing pain and financial hardship for Simon.

Case progression:

The Injuries Resolution Board assessed the injury at €10,162.73. Solicitor Maria Lakes reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Simon for the injuries incurred. Maria instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 21^st of May 2025 for the sum of €16,250. This was a great result for our client, we are proud of all the work put in by Maria Lakes 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.