Case Study

Case summary:

Incident:

Anna was driving in her van around a bend in the road at approximately 50km/h. Suddenly and without warning, a car that was travelling in the opposite direction, veered across the road resulting in a head-on collision with Anna’s van.

Her van crashed into the bushes on the side of the road and the airbags deployed as a result of the impact. Anna did not lose consciousness and she was able to get out of the car.

Emergency services attended the scene and assessed Anna before advising that she could go home. However, later that day, she had severe headaches, lower back pain, and nausea, so she decided to go to the emergency department at her nearest hospital.

Physical examinations revealed increased muscles tension of her cervical spine and stiffness of the neck muscles on both sides. Anna was experiencing severe pain as well as stress and trauma. She was prescribed anti-inflammatory and pain-killing medications and advised to attend physiotherapy on a regular basis.

To manage her back pain, Anna received targeted injection therapy; however, this did not relieve her pain. Her symptoms are expected to be permanent in nature, and most likely she will have to continue with physiotherapy in the future.

As a result of the accident, Anna was unable to work for five months. This resulted in financial hardship for her. Although Anna has since returned to her job, she limits her workdays to 2 – 3 days a week. She feels she would be unable to do her previous workload of 6 days a week due to the constant pain in her lower back.

The defendants were negligent in their duty to maintain a safe environment for road users. As a direct result of this negligence, Anna suffered not only serious physical injuries but also ongoing pain, reduced mobility, and financial hardship.

Case progression:

The Injuries Resolution Board assessed the injury at €9,654.87. Solicitor Monika Kealy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Anna for the injuries incurred. Monika instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 15^th of October 2024 for the sum of €54,000. This was a great result for our client, we are proud of all the work put in by Monika Kealy 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.