Case Study

Case Summary

Incident

Sarah worked in a social care unit. One of her patients had a history of violent behaviour and Sarah had previously written numerous reports regarding incidents in the workplace.

One day, her patient got aggressive and attacked her with a pole. During another shift, the patient punched her in the face and she fractured her nose.

After going to A&E and consulting her GP, Sarah felt uncomfortable going back to work as there was little support put in place to prevent another incident from occurring. She also suffered from PTSD, anxiety and stress and had to leave her job as a social worker.

Case Progression

Court proceedings were issued on the 14/04/20 after the Personal Injuries Board gave authorisation to take legal action.

Case Settlement

The case was settled on the 23/07/2020 following a settlement meeting with the defendants.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. What are the legal time limits?

   The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. The general rule for all personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

2. How is compensation calculated?

   A compensation amount is calculated by taking into account the following aspects:

   • Loss of wages, if absent from work due to injury
   • Future loss of earnings, if absent from work for a long period of time
   • Medical expenses resulting from the injury
   • Future medical expenses resulting from the injury
   • Out of pocket expenses

   In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases (over 51,000 in total) from the years 2014-2015.

3. How do I start the claims process?

   The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form (Form A) in order to start the claims process. Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) and do this on your behalf.