Case Study

Case summary:

Incident:

Sarah was a passenger in a taxi one night on her way home with her friend. As they approached red traffic lights, the taxi driver failed to stop, and they rear-ended the vehicle in front of them. Sarah was thrown forward aggressively and she felt immediate pain in her shoulder and collar bone.

She went to see her GP about the pain in her neck, lower back and numbness in her arm. Her doctor prescribed ibuprofen and paracetamol to help ease the pain.

Sarah works five days a week in an office, where she sits at a desk for most of the day. The pain from the accident made sitting at her desk very difficult, and because of this, she was unable to work for a short period.

The ongoing pain in Sarah’s neck and back continued to cause her inconvenience. Before the accident, Sarah was an active person and cycled regularly. However, after the accident, she was unable to do these activities. Her GP recommended that she attend physiotherapy to improve her neck and upper back pain.

Sarah’s mental health was also affected, and she was distressed and anxious when driving in vehicles. She went back to her GP, who diagnosed her with post-traumatic stress disorder and referred her for counselling for psychological support.

The defendant was driving without taking due care and in a dangerous manner, and did not consider the safety of Sarah, or any other potential road users that night. As a result of the defendant’s actions, Sarah suffered physical and psychological injuries.

Case progression:

The Injuries Resolution Board assessed the injury at €8,369.79. Solicitor Ruth Foy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred.

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

Case settlement:

The case was settled on the 6^th of June 2024 for the sum of €17,000. This was a great result for our client.

We are proud of all the work put in by Ruth 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.