Case Study

Case summary:

Incident:

On the day of the accident Conor was cycling his electric bike on his usual route along a national road. He was diligently following road regulations and focusing on his own journey, while another motorist neglected to adhere to the same level of respect for the road. Without warning, a fast-moving car collided with his bicycle, resulting in Conor enduring significant severe personal injuries, loss, damage, inconvenience, and expense. The defendant did not exhibit any proactive measures prior to the accident, failing to reduce speed or alter course in an attempt to prevent a collision with Conor, who was unfortunately left vulnerable to the impact.

Conor was immediately brought to the hospital where he underwent an immediate x-ray and radiographic examination of the various affected regions. Conor was in significant agony as he grappled with intense pain due to a severe injury to his left wrist and forearm. The radiographic findings indicated a fractured ring finger with likely intra-articular extension, indicating the extent of his injury. The x-ray results also revealed soft tissue injuries on his left wrist and left elbow, an abrasion on his left forearm and a lesion to the ulnar nerve. As a consequence of these findings, Conor’s ability to work was significantly impeded, forcing him out of employment for a one year and five months due to the severity of his injury. He was advised to partake in physiotherapy and occupational therapy to aid his recovery. Nevertheless, it wasn’t just Conor’s physical well-being that suffered from incident; his mental health was also heavily affected. Consequently, he was prescribed antidepressants to provide assistance in managing his mental and emotional challenges arising from the accident.

After this event, Conor was left with trauma, paranoia, and a deep-seated fear of cycling. He experienced an acute stress reaction and developed a phobic anxiety, both of which persistently impact his daily existence. He struggles to cope with on road situations as the memory of the accident resurfaces, triggering situational anxiety. This has caused him to actively seek alternative modes of transportation to avoid bike riding whenever possible. In addition, the injury’s aftermath has left Conor with diminished strength on the left side of his body, which continues to have an impact on his quality of life. His once dedicated participation in the gym and devotion to maintaining fitness has been compromised due to the extent of his injury, preventing his return and leaving him feeling incapable of doing so. Furthermore, Conor also suffered from a disturbed sleep pattern as he would have anxiety infused dreams about the incident that haunt his night. As a result of these intense challenges, Conor’s mood has shifted, descending into a state of increasing depression. The loss of social interactions and the incapability to resume his life as he once did have contributed to this emotional struggle, preventing him from returning to his prior activities and lifestyle.

The defendant neglected to consider the safety of other road users and proceeded along their route at an unreasonably high speed, lacking awareness of their surroundings and Conor’s presence on the road. They failed to slow down or move out of the hazardous zone whereby Conor was present demonstrating their careless manner on the road. This disregard essentially constituted a violation of the Road Traffic Regulations (1997), resulting in Conor’s regrettable predicament. Upon considering the circumstances, Conor initiated a legal claim against the responsible defendant for the harm inflicted upon him.

Case Progression

Court proceedings were instigated, and the case was brought to a successful conclusion.

Case Settlement

The case was settled in the High Court on the 13^th of July 2023 for the sum of €70,000.

This was a great result for an admirable client, we are proud of all the work put in by Monika and her 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.