Case Study

Case summary:

Incident:

One afternoon, Martin was driving near his home on his way to work. As he approached a sharp bend, another car, which was travelling at high speed, lost control and veered onto his side of the road. Martin’s car crashed head-on into the oncoming car.

During the collision, Martin’s chest was struck by the steering wheel and subsequently, by the inflated air bag. A fire brigade, ambulance and gardai attended the scene and Martin was taken to a nearby hospital.

During examination, he was found to have chest and shoulder soft tissue trauma as a result of the impact. He also had raised blood pressure, a condition that he had not experienced before the accident. Martin was discharged the following day with a prescription for pain killers and a relaxing medication.

Martin was unable to work in his job as an industrial cleaner for three weeks due to chest discomfort and pain, in particular when he raised his arms.

The accident had a severe impact on Martin’s mental health, and he required sedative medication for a number of weeks after the event. He is now a very nervous driver and only returned to driving four weeks post-accident. Martin continues to take medication for his blood pressure.

The collision had a significant impact on Martin’s daily lifestyle. He purposefully reduced his travel and stopped playing soccer as he feared being injured.

On the day of the accident, the defendant showed negligence in his ability to stop, slow down, keep proper lookout or swerve to maintain a safe road environment. Motor vehicle drivers bear the responsibility of ensuring the well-being of other road users. In this case, the defendant failed to do so, resulting in both physical and psychological injuries for Martin.

Case progression:

The Injuries Resolution Board assessed the injury at €9,015.77. Solicitor Paul W. Tracey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Martin for the injuries incurred. Paul instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 9^th of April 2025 for the sum of €12,000. 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. 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.