Case Study

Case summary:

Incident:

Emily was driving her daughter and nephew to school. The traffic ahead of Emily was moving slowly because of the usual morning rush. As she was approaching a roundabout, another motor vehicle, struck the back of Emily’s car at full speed.

She and the two children in the car jerked forward harshly from the impact. Emily’s car and the defendant’s car were both towed away from the scene.

An ambulance was called. Emily was so shaken up and worried about the children that she did not feel any pain until she arrived at the hospital.

A doctor examined Emily. She had pain in her neck that extended down to her shoulder. Emily was diagnosed with a soft tissue injury and sent home with pain medication.

Emily was previously facing an anxiety disorder, which she was taking medication for. In the weeks following the incident, she visited her GP again as she could not sleep and was constantly getting flashbacks of the accident. One night she was hospitalised for high pulse and blood pressure.

Her doctor increased the dosage of her anxiety medication and referred her to see a psychotherapist. She was dealing with the aggravation of a pre-exiting condition; in this case her anxiety was heightened due to the accident.

In the months following the accident her condition has since improved. She had a total of eight psychotherapy sessions. She still feels nervous when driving and worries excessively when her children are out.

Once Emily returned to work, she noticed that her neck and shoulder pain had subsequently returned. She went to her GP and relayed that she is unable to carry heavy objects and she feels a ‘pins and needles’ sensation in her hands when she holds her phone. Her GP referred her to see a physiotherapist.

Every road user bears the responsibility of ensuring the well-being of other road users.

The defendant showed negligence in his ability to stop or slow down to maintain a safe road environment. Due to this negligence, Emily and the children sustained severe personal injuries, loss, damage, and inconveniences.

Case progression:

The Injuries Resolution Board assessed the injury at €16,595. Solicitor Maria Lakes reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred. Maria 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 2024 for the sum of €20,000. This was a great result for our client. We are proud of all the work put in by Maria 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.