Case Study

Case summary:

Incident:

Mia was driving her car, with her friend in the front passenger seat. They stopped at red traffic lights. When the lights turned green and Mia began to drive on, a van pulled out in front of them without warning. Mia was obliged to break. Unfortunately, the car behind them failed to break in time and collided into the back of Mia’s car.

Mia was brought to the emergency department to be assessed. No significant injuries were found, so she was prescribed with painkillers and discharged.

In the weeks following the crash, Mia suffered intermittent pain in her lower back. While it improved in the weeks following the accident, it continued to have an impact on her day-to-day activities. Household chores such as vacuuming and ironing became more painful, and she was no longer able to walk the distances she could before the accident. Her sleep was also affected, as she experienced pain when sleeping on her side.

Before the accident, Mia was being treated for depression. The treatment was going well, and her depression had improved. However, the accident set her treatment back considerably. She developed anxiety from the crash, was lethargic and her appetite was poor. She was nervous about driving in the months after the crash. When she did drive, she was stressed about bringing her daughter in the car, out of fear for her safety.

Case progression:

All road users have a duty to prioritise the safety and well-being of others on the road.

The two defendants in this case both showed negligence, through their reckless and impatient driving. The van driver pulled out from a side road without warning, and the car behind did not brake in time.

Their negligence led to Mia suffering personal injuries, damages, and general inconvenience. Court proceedings were instigated, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 4^th of July 2024 for the sum of €17,500. 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.