Case Study

Case Summary

Incident

Ciaran works for a logistics food delivery company and was walking from the driver’s door to the back of the van when a car came from behind the van and hit his left forearm and left wrist area. His left forearm and wrist area hit off the wing mirror of the car as it came through a very tight gap between Ciaran’s van and other traffic. The impact caused the mirror to be folded in. He was shocked but felt fine to begin with and carried on doing his deliveries. Later in the evening, he noted pain in his mid forearm and which worsened by the next morning. When he visited his doctor, he was diagnosed with soft tissue damage and it was not possible to put a time frame on his recovery. Ciaran could not put weight on his arm and said it was ‘like the sensation of a dead leg but in the arm’.

Case Progression

The Personal Injuries Assessment Board made an offer but was rejected by the client on the 26th of October 2017 and proceedings were issued on the same day. The case was brought to the Circuit Court.

Case Settlement

The case was settled on April 10th 2018. The driver was at fault as she had a duty of care towards Ciaran, the pedestrian.

Frequently Asked Questions

1. How to 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. 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.

3. 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.