Case Study

Rear Ended in Traffic

Case Type: Road Traffic Accident
Injury: Neck, Lower Back and Jaw TMJ Joint*
Settled by: Paul W Tracey
Settled on: 30th July, 2015
Rear Ended in Traffic

Case Summary

Incident

John was the driver of a car while stationary in traffic. Suddenly the car in which he was travelling sustained a rear end impact from a van and a subsequent secondary impact with the car in front as he was shunted forward. John was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately after the accident Joe complained of neck, lower back and jaw discomfort. When he attended a doctor the diagnosis of a soft tissue injury was made. He was given exercises for his whiplash. Approximately two days following the accident, John noticed he started grinding his teeth continuously at night and it sometimes wakes him up from his sleep. He had to get a bite splint to wear at night time. Giving the type of impact and other injuries sustained it was not unusual for this injury to occur alongside the others. He gets some pain and the occasional locking of the left hand side of his jaw. His clinical situation was not expected to improve in the future.

Case Progression

The Personal Injury Board decided it would not be appropriate for them to make an assessment in the case. Proceedings were issued on the 28/01/15.

Case Settlement

The Case was settled in the Circuit Court on the 30/07/2015. The other driver had a duty of care to Joe as he was behind him and should have been paying attention to the car in front.

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 more serious threat to your health. In worst case scenarios, fatal road accidents can occur.

  2. 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.

  3. 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.

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