Case Study

Case summary:

Incident:

Margaret was driving early in the morning when, suddenly and without warning, part of a large tree fell onto the front of her car, cracking her windscreen. The impact caused injuries to both of her knees and her lower back.

Margaret was left in severe pain following the collision and needed time off work to recover. Over the following months, she received treatment for her injuries, including multiple knee injections, physiotherapy, and eventually a total knee replacement on her left knee.

Despite this, Margaret continued to suffer with pain and stiffness. Her right knee was causing her significant pain. The injections she was given to alleviate the pain did not work, so she was advised to consider a second knee replacement.

Margaret also experienced flare-ups of lower back pain following the accident. This made everyday tasks such as walking, lifting, or prolonged driving extremely difficult. She had to change her daily routine to manage the discomfort.

In addition to her physical injuries, Margaret developed post-traumatic stress disorder (PTSD). She suffered broken sleep, vivid nightmares, headaches, flashbacks while travelling, and anxiety when approaching trees on the roadside. Her mental health symptoms were significant enough to affect her return to work and daily life. She attended counselling and was later advised by a psychiatrist that she would benefit from further therapy or anti-depressant medication.

Margaret suffered great distress, discomfort, and financial burden as a result of this incident.

All landowners have a duty of care to ensure any trees that border public roads do not pose a risk to drivers. In this instance, the tree that fell on Margaret’s car had clear signs of decay and severe root damage and should have been removed.

Case progression:

The Injuries Resolution Board assessed the injury, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 1^st of February 2024 for the sum of €28,000. 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.