Case Study

Case summary:

Incident:

Laura was watching her grandson at football training one afternoon. While she was walking, her left leg went into a dip in an uneven part of the footpath. This caused her to fall over, cut her left shoulder off the curb and land on her back.

By-standers helped Laura up off the ground. She immediately felt pain in her left knee and shoulder.

Laura’s knee was wounded, swollen and bruised which was causing her a lot of pain. She was unable to bear weight on her leg. She visited her GP where she was examined and referred for an x-ray. It was concluded that Laura had soft tissue injuries to her left knee, left arm and left shoulder.

In the weeks following the incident, Laura continued to suffer from her knee and shoulder. She went back to the hospital and had an MRI of her left shoulder. The doctors gave her an injection to relieve the pain.

As time passed, the wound, bruising and swelling resolved, but Laura still reports occasional pain in her left knee and arm. She also has trouble with mobility in her arm and knee which has caused her significant inconvenience.

As her condition is ongoing, it was not possible for the doctors to provide a definitive long-term prognosis.

Case progression:

By not repairing the uneven footpath, the defendant failed to provide a safe environment for pedestrians. As a result of this negligence, Laura suffered not just a personal injury but psychological pain, and medical expenses.

The Injuries Resolution Board assessed the injury at €3,002. Solicitor Maria Lakes reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the Laura for the injuries incurred. Maria instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on 12^th June 2024 for the sum of €18,000. This was a great result for our client. We are proud of all the work put in by Maria 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.