Case Study

Case summary:

Incident:

One stormy evening, Gerry was walking home from work. He was crossing the road at a pedestrian walkway, when suddenly and without warning, he was struck by a car on the left side of his body.

Gerry fell to the ground and hit the back of his head against the road. The driver of the car rushed to his aid. Gerry initially felt dizzy from the impact and his legs were shaky when he stood up, however he did not lose consciousness. The driver brought Gerry home.

After he got home, Gerry didn’t feel well so he called an ambulance. However, due to the severe weather conditions that evening, there was a long wait time for assistance. His sister took him to the local healthcare clinic instead. There, medical staff applied dressings to the bruising and cuts on the back of his head and provided pain relief for his headache.

Gerry was unable to work for one week following the accident and then worked from home for another week before he was able to return to the office.

This pedestrian accident caused Gerry significant psychological injuries. Following the accident, his mood was very low, and he experienced a loss of energy. He suffered from broken sleep and frequent nightmares. He had less interest in work and recreational activities including exercising at the gym.

Gerry developed depression and post-traumatic stress disorder, both of which greatly affected his daily life. He attended more than 12 counselling sessions and was prescribed antidepressant medication.

The defendant was negligent in their duty to maintain a safe environment for road users. As a direct consequence of this negligence, Gerry sustained both physical and psychological injuries.

Case progression:

The Injuries Resolution Board assessed the injury at €3,067.30. Solicitor Elaine Hickey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Gerry for his injuries. Elaine instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 20^th of February 2025 for the sum of €16,500. This was a great result for our client. We are proud of all the work put in by Elaine Hickey and her team to achieve this outcome.

This case was handled by Tracey Solicitors LLP under Irish personal injury law.

 *Note: Client name changed for GDPR reasons.

Information updated December 2025

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.