Case Study

Case summary:

Incident:

Keith was exercising at the gym. He was doing bicep curls holding a metal bar when suddenly, without warning, a second metal bar came loose and fell from a high hanging hook. His finger was squashed between the bar that had fallen, and the bar he was holding. He felt immediate pain, and his finger began to bleed.

The next day Keith attended hospital. X-rays showed a fracture of one of his right fingers. Keith also suffered a split nail as a result of the crush injury. His wound was cleaned and dressed, he was given antibiotics and referred to the minor surgery unit.

Keith experienced constant pain in his finger and was unable to work in his job as a bartender, causing him significant loss of earnings. He was also unable to drive and had to rely on public transport and taxis.

As time passed, the wound began to heal but Keith still reports occasional pain in his finger, particularly in cold weather when the pain increases. He now has a permanent scar on his finger.

The defendant failed to take adequate reasonable steps or precautions for the safety of Keith and other gym users. The defendant failed to inspect, maintain and repair the machine being used by Keith. As a result of this negligence, Keith suffered not just a personal injury but loss, damage, and expenses. The injury caused a huge inconvenience to Keith, impacting his social, domestic, and work life.

Case progression:

The Injuries Resolution Board assessed the injury at €11,524.96.

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 19^th August 2024 for the sum of €22,500. 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. 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.