Case Study

Case summary:

Incident:

Eve was eating a slice of cake in a local coffee shop one day when she suffered an allergic reaction. During the purchase, she was not made aware by the shop owner that the cake contained cashew nuts. After consuming the cake Eve experienced breathing issues, swollen lips, and a rash all over her body, she quickly took an antihistamine, but she still felt weak and nauseous, an ambulance had to be called for Eve as her condition deteriorated.

Eve visited her GP a couple of days after the incident and described how she felt she was going to die during the incident and said her goodbyes to her mother and brother. The GP as a result prescribed Eve with an EpiPen and a Ventolin inhaler.

Eve has been in regular therapy since the tragic death of her father at a young age, she had been seeing a private therapist for her anxiety for several years before the incident. Eve is familiar with the feeling of anxiety and panic attacks which have gotten worse following the allergic reaction, she has had to be picked up early from school from being unwell with anxiety.

While Eve is always very cautious and checks the ingredients of everything she eats, the coffee shop did not indicate that the slice of cake contained nuts. Her symptoms have improved but the first couple of months were very difficult due to her anxiety. She is learning to manage her EpiPen and manage the long-term effects from her experience without becoming neurotic.

Case Progression

Court proceedings were instigated, and the case was brought to a successful conclusion.

Case Settlement

The case was settled in the Circuit Court on the 2^nd of November 2022 for the sum of €16,051.

This was a great success for our client, we are thrilled with the care and work put into the case by Monika and her team.

*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.