Case Study

Case summary:

Incident:

One afternoon, Michelle was walking on the footpath on her way to her local GP. Suddenly, she lost her balance on an uneven surface on the pavement, and fell forward, landing on the ground.

A passer-by helped Michelle to get to her feet and brought her into a nearby pharmacy. The pharmacy manager then drove her home. However, later that evening, Michelle was experiencing severe pain in her left hip, so her neighbour called an ambulance, and she was taken to the A&E.

At the hospital, x-rays revealed that Michelle had fractured her left hip. She underwent partial hip surgery the following day.

While recovering from the operation, Michelle subsequently developed complications, including a joint infection.

Michelle was re-admitted to hospital for treatment of the infection. She also underwent a second surgery and required seven weeks of intravenous antibiotics.

Michelle returned home three and a half months after the accident and needed to take antibiotics for six months following her second surgery.

Before the fall, Michelle was a very fit, active and healthy woman. She was a keen walker and walked long distances every day. However, this accident had a devastating effect on Michelle’s lifestyle.

Michelle now needs a crutch to support her hip, and she can no longer walk the distances she used to. Her mobility has been reduced and she continues to experience ongoing pain.

Michelle’s injury reduced her ability to maintain independence, which has impacted her self-confidence. She is no longer able to pursue the interests and social activities she previously enjoyed.

Michelle regularly takes painkillers to manage the pain in her hip.

The footpath where Michelle tripped had bollards removed to allow for construction vehicles to enter into an adjacent construction site. The removal of these bollards had left openings on the footpath, which is what caused Michelle to trip and fall. In this case, the defendants were negligent in their duty to maintain a safe environment for road users. As a direct result of this negligence, Michelle suffered not only permanent injuries but also ongoing pain, reduced mobility, and financial hardship.

Case progression:

Solicitor Paul W. Tracey instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 28^th of May 2025 for the sum of €150,000. 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. 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.