Case Study

Case summary:

Incident:

Michael was out socialising on a Friday night. While crossing the road on his walk home, he was suddenly, and without warning, struck by a van. The driver fled the scene and was not identified.

Michael was knocked unconscious, but a couple sitting in a nearby restaurant saw the accident unfold and went to help him.

When he regained consciousness, he experienced severe pain, nausea and vomiting. He was taken by ambulance to hospital, where he underwent X-rays. The results confirmed he had fractured the left side of his jaw and suffered an ACL rupture (tear of the knee ligament), along with multiple bruises and scrapes to his body.

Doctors informed Michael that he would need surgery to install lower-profile plates and screws in his jaw, which required the removal of two of his teeth. He was also given a knee brace and referred for physiotherapy.

Several months later, Michael was diagnosed with reactive depression and was prescribed anti-depressants to help manage his condition. He was also advised that he required ACL reconstructive surgery, but doctors recommended postponing this because of concerns for his mental health.

Due to his injuries, Michael was unable to work for 14 months, which led to financial hardship for him and his partner. The nature of his job, which involved physically demanding tasks such as driving, installing pavements, and road surfacing, made it impossible for him to return sooner.

When he was finally able to resume work, he was placed on light duties as he was still wearing a knee brace.

To this day, Michael continues to experience occasional discomfort in his jaw when yawning or chewing and has been left with a permanent scar on his chin.

His mental health has since improved.

This accident left Michael with significant injuries, distress, discomfort, and financial difficulties.

Because the driver left the scene of the accident without being identified, the case was taken against the Motor Insurer’s Bureau of Ireland, who are responsible for compensating victims of road traffic accidents caused by uninsured and unidentified vehicles.

Case progression:

The Injuries Resolution Board assessed the injury at €75,000.

Solicitor Ruth Foy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Michael 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 20^th of June 2024 for a sum of €85,000. 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.