Case Study

Case summary:

Incident:

Mary was doing a fitness class at her local club. The trainer provided elastic exercise bands for resistance training. These bands were suspended over a door frame, and Mary was using them when suddenly, without warning, the band that was in her left hand snapped. Mary lost her balance and fell backwards directly onto her left shoulder and struck her head against the floor.

Mary felt very unwell after the accident and couldn’t complete the class, so her friend drove her home. She attended her GP the following day where she was prescribed anti-inflammatory medication and was referred for physiotherapy.

Mary suffered pain in her neck, which became worse when she turned her head to the left.

She attended physiotherapy on a regular basis after the accident. Mary’s injury was impacting her day-to-day life: she couldn’t do any gym-based activity, drive long distances or sit for long periods of time. She also had to use a special pillow for her neck when sleeping.

Mary contacted a solicitor about getting compensation for her accident. The solicitor agreed to take on Mary’s case and said that she would get compensated for the effects of the accident.

However, in the following months, Mary’s solicitor failed to take appropriate proceedings against the correct respondent. This caused a delay in the case and as a result, the two year minus one day time limit for taking a personal injury case passed, and Mary’s case becoming statute barred. This meant she was no longer able to make a personal injury claim for her accident.

At this stage, Mary sought further assistance to see if she had any possibility of seeking justice for her pain and suffering.

Mary contacted personal injury solicitor Maria Lakes about her case. Maria looked for an alternative way to seek the compensation Mary deserved.

Given the accident had become statute barred, Maria instead took a professional negligence case against the original solicitor for failing to correctly handle the case.

Case settlement:

The professional negligence case against the solicitor was settled on the 2^nd of December 2024 for the sum of €30,000. 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 outcome for Mary.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. What does no win no fee mean?

   Solicitors fees are based on a number of factors:

   • Complexity and urgency of your case
   • Paperwork involved -the amount of paperwork, medical records etc., that need to be obtained and examined
   • The amount of time spent by the personal injury solicitor and their legal assistant on the matter
   • Skill, knowledge and expertise
   • Whether costs can be recovered from the other side will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.

   Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease.

   You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry the Law Society of Ireland regulate how a solicitor’s firm can advertise their services, one of these regulations is that a solicitor’s firm cannot advertise ‘no win no fee’ services and any solicitor found advertising these serves will be found to be in breach of the regulations. Keep this in mind when choosing your solicitor to represent you.

2. What information will I need for my solicitor 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.
   • 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. Will I have to go to court?

   Every case is different and each case comes to a resolution differently. In the majority of personal injury cases, the person making the claim will not step foot into a courtroom.

   It is possible that the person at fault will seek to settle outside of court and your case will be settled in a settlement meeting attended by you, your solicitor and barrister to negotiate your settlement.

   Ultimately, it is entirely up to you whether to accept the settlement offered. If you do not accept then it will move to a court hearing where a judge will decide how much your settlement will be.