Case Study

Case summary:

Incident:

Anthony was lawfully driving on the motorway. As the traffic began to slow, he slowed down with it. Suddenly and without warning, at full speed, another driver drove into the back of Anthony’s car. 

The impact was so severe that his car was immediately pushed from the middle lane into the side bushes. Anthony’s whole body jerked forward, causing his knee to smash into the dashboard of his car.  

Emergency services were called to the scene of the accident and after he was checked out, he was taken to the Garda station to give his report. Afterwards, he was accompanied home as his car was unsafe to drive.  

The next day Anthony visited his GP, reporting pains in his shoulder, lower back, and knee as a result of the accident. He was taken to the nearest hospital where he had an x-ray and an MRI scan. The results showed no abnormalities or bone fractures. After examination, Anthony was diagnosed with soft tissue injuries in his lower back, right shoulder, and left knee. He was sent home with pain medication.  

Anthony was referred for physiotherapy by his GP. He had five sessions in total.  

He was out of work for five months for severe back pain following the accident. He still faces difficulty when bending or carrying out his usual activities such as caring for his young child. 

In the months after the accident, although he was improving physically, his mental health began to deteriorate. 

He relayed to his doctor that he felt anxious all the time and his sleep was poor. He described a broken pattern of sleep and said he would often wake up multiple times during the night from frightening dreams. Since the accident, Anthony confessed his fear of traveling by car, expressing constant tension and jumpiness while in a vehicle. He now limits his driving to necessity, maintaining a significant distance and remaining highly vigilant for any potential danger.  

He was later diagnosed with acute stress reaction, phobic anxiety associated with road travel and insomnia associated with physical discomfort. 

The defendant was driving without taking due care and in a dangerous and unsafe manner.  As a result of the defendant’s excessive speed, Anthony has been left to suffer physically, mentally, and financially.  

Every road user bears the responsibility of ensuring the well-being of other road users. Unfortunately, the driver did not consider the safety of themselves, Anthony, or any other potential driver that evening.  

Case progression:  

The defending insurance company originally offered €3,000 for Anthony’s injuries. This was rejected by the client and the case proceeded to the Injuries Resolution Board who subsequently assessed the injury at €14,250.90. Solicitor Maria Lakes reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client 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 9th of April 2024 for the sum of €17,500. This was a great result for an admirable client, 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. 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.