Case Study

Case summary:

Incident:

Mark was at a petrol station filling up his car. After he closed the fuel cap, he started to walk into the shop to pay, when he tripped on a mat that was being used to keep the door open. Mark fell to the ground and felt pain in his upper body. He picked himself up, but when he went to the till to pay, he realised he could not raise his arm.

Later that day Mark visited the hospital to get his injuries assessed.

After an initial examination, there were no fractures discovered. Mark was referred for an MRI and physiotherapy, and had his arm put in a sling. After the MRI, Mark’s doctor told him he needed surgery on his rotator cuff.

Despite being concerned about taking time off his job as an electrician, Mark underwent surgery, and after the operation he attended physiotherapy regularly as part of his recovery.

However he was unable to drive, and he could not raise his right arm or do normal household tasks. He had difficulty sleeping because of discomfort in his shoulder, and often had to sleep in a chair.

Mark was unable to work for over a year. He had a lot of financial pressure and this began to affect his mental health. He went to his GP for medication to help him with this.

As a result of the accident, Mark suffered physical and mental suffering, as well as lost earnings from not being able to work. The defendants were guilty of negligence and a breach of their duty of care.

Case progression:

The Injuries Resolution Board assessed the injury at €80,000. Solicitor Philip Gleeson reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred.

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

Case settlement:

The case was settled on the 21^st of June 2024 for the sum of €105,000. This was a great result for our client.

We are proud of all the work put in by Philip and his 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.