Case Study

Case summary:

Incident:

After a long day at the beach, Maria was driving home with two of her friends. It was a dark evening and visibility was low. As she was approaching a sharp bend, a car driving in the opposite direction suddenly came speeding around the bend in the middle of the road, with full-beam headlights on.

Maria immediately swerved left to avoid a collision with the other vehicle, and in so doing, the front left side of her car hit a stone wall. Due to the impact, Maria was launched forward, causing her to sustain an injury to her neck. She also felt pain in her right shoulder and her right hand.

The Gardai attended the scene and took both drivers’ details, then called for an ambulance. There was no ambulance available, so Maria and her friends got a taxi to the local hospital.

After being examined at A&E, Maria underwent an MRI scan which confirmed a soft tissue injury to her right knee. It was also discovered that she was suffering from whiplash.

The doctors prescribed her anti-inflammatory medication and painkillers and sent her home.

Maria had pre-existing problems with her knee and had undergone surgery on it in the past. The car accident exacerbated her existing knee pain.

In the months following the accident, Maria continued to suffer with pain in her shoulder and her knee. She needed to take Ibuprofen daily and woke up with severe pain in her knee most mornings. As a result, Maria struggled to do domestic chores around the house and to look after her three young children.

Maria suffered pain and anxiety as a result of the crash, impacting her social, domestic, and recreational life.

Case progression:

The defendant was driving without taking due care and in a dangerous manner. As a result of the defendant’s excessive speed, Maria was injured and suffered physically, mentally, and financially.

Every road user bears the responsibility of ensuring the well-being of other road users. Unfortunately, the driver did not consider the safety of themselves, Maria, or any other road user that night.

Solicitor Monika Kealy instigated court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on 20^th June 2024 for the sum of €20,071.35. This was a great result for our client. We are proud of all the work put in by Monika and her team to achieve this 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.