Case Study

Case summary

Incident

One afternoon, Andrea and her friends were on their way to a busy restaurant. They parked their car in a makeshift car park located on an uphill area near the premises. As Andrea walked downhill towards the restaurant, she slipped on an uneven surface and fell, twisting her right ankle.

Andrea experienced immediate and severe pain in her ankle and was unable to get up without assistance. The owners of the restaurant came outside, provided her with a chair, and applied ice to the injured ankle. As the swelling rapidly increased, her friends drove her to the nearest emergency department for medical assessment.

X-rays confirmed that Andrea had sustained a fracture of her right ankle. Following the injury, her ankle was immobilised in a cast for six weeks.

After the cast was removed, Andrea underwent eight sessions of physiotherapy as part of her rehabilitation. Due to the severity of her injury, she was unable to return to work for four months.

The accident has had a significant impact on Andrea’s daily life. She continues to experience pain, weakness, and instability in her right ankle and has suffered several subsequent falls as a result. She is no longer able to walk long distances and has difficulty climbing stairs or carrying heavy objects.

In addition to her physical injuries, Andrea developed symptoms of depression and anxiety following the accident. The limitations imposed by her injury had a profound effect on her quality of life, resulting in poor sleep, panic attacks, and emotional distress.

Business owners have a duty of care to ensure that their premises, including access routes and parking areas used by customers, are maintained in a reasonably safe condition. On the day of the accident, the owners of the restaurant failed to ensure that the pathway between the car park and the restaurant was safe for members of the public, resulting in Andrea sustaining a serious right ankle fracture, causing prolonged pain, reduced mobility, and financial hardship.

Case progression

Solicitor Paul Tracey 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 €35,000. This was a great result for our client, and we are proud of all the work put in by Paul and his team to achieve this successful outcome.

 *Note: Client name changed for GDPR reasons.

Information updated July 2026

Frequently Asked Questions

1. What does no win no fee mean?

   Solicitors fees are based on a number of factors:

   • Complexity and urgency of your case
   • Paperwork involved -the amount of paperwork, medical records etc., that need to be obtained and examined
   • The amount of time spent by the personal injury solicitor and their legal assistant on the matter
   • Skill, knowledge and expertise
   • Whether costs can be recovered from the other side will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.

   Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease.

   You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry the Law Society of Ireland regulate how a solicitor’s firm can advertise their services, one of these regulations is that a solicitor’s firm cannot advertise ‘no win no fee’ services and any solicitor found advertising these serves will be found to be in breach of the regulations. Keep this in mind when choosing your solicitor to represent you.

2. What information will I need for my solicitor 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.
   • 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. Will I have to go to court?

   Every case is different and each case comes to a resolution differently. In the majority of personal injury cases, the person making the claim will not step foot into a courtroom.

   It is possible that the person at fault will seek to settle outside of court and your case will be settled in a settlement meeting attended by you, your solicitor and barrister to negotiate your settlement.

   Ultimately, it is entirely up to you whether to accept the settlement offered. If you do not accept then it will move to a court hearing where a judge will decide how much your settlement will be.