Case Study

Case summary:

Incident:

Amy was on the way home after a long day at the office, when she stopped at a red traffic light. Suddenly, without warning, another motorist drove into the back of Amy’s car.

The Guards were called to the scene. Later that day, Amy noticed she had developed a pain in her left ear, neck, and her arm.

Amy was examined by her GP and was advised to take paracetamol for a soft tissue muscle injury. However the pain continued, and she was experiencing reduced mobility in her neck, so she visited her GP again. She was diagnosed with an injury to her neck and was referred to physiotherapy.

After the accident Amy was scared to drive again as she was still traumatised from her recent ordeal. Being unable to drive meant she was continuously absent from work. This led to significant financial pressures at home in providing for her family and her young children.

After nine consecutive trips to her GP, she still suffered from ongoing pain in her neck and as well as her shoulder, which she experienced when trying to lift her young child.

Amy had to make major lifestyle changes after the accident, including taking four months off work, cutting back on her exercise activities, and spending due to increased financial pressures. Amy continues to suffer from anxiety and trauma from the accident, which still affects her to this day.

The defendant showed negligence in his ability to stop, slow down, and keep any proper lookout or swerve to maintain a safe road environment. Amy sustained psychological injuries as well as injuries to her neck, ear, and shoulder as a result of the accident. Every road user bears the responsibility of ensuring the well-being of other road users. The defendant failed to do so in this case.

Case progression:

The insurance company initially offered €3,500 which was rejected by Solicitor Ruth Foy and the client. The Injuries Resolution Board subsequently assessed the injury at €19,525.08. Ruth 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 27^th of May 2024 for the sum of €27,500. 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.