Case Study

Case summary:

Incident:

Amy moved into a new apartment that seemed to be perfect. However, soon after moving in, she began to experience numerous problems with the apartment. She made repeated complaints to the landlord and requested that repair work be carried out. When repairs were made, they were unsatisfactory.

One day, Amy noticed a leak coming from her ceiling that was dripping on to the inner balcony step. She tried to soak up the leak with a towel. She contacted the landlord to arrange repairs, but nothing was done.

Days later, Amy was walking out onto her balcony when she slipped on the wet towel, causing her to fall backwards onto the step. Amy caught her right hand between the steel beams of her patio. Her finger began to bleed, and she immediately felt pain in her right hand.

She went to the emergency department to be examined. Amy was referred for an x-ray and the images showed a fracture to her right ring finger. The wound on her ring finger was cleaned and stitched up, but she was still in pain. The doctor referred her for occupational therapy sessions for her hand.

Amy recovered somewhat in the weeks following the accident, after several appointments with occupational therapist. However, she continues to experience numbness in her annular finger, as well as pain in cold weather.

Case progression:

The defendant failed to take adequate steps or precautions for Amy’s safety, exposing her to a risk of injury. As a result of this negligence, Amy suffered not just a personal injury but also pain and medical expenses.

The Injuries Resolution Board assessed the injury at €10,000. Solicitor Paul Tracey reviewed the Injuries Resolution Board assessment and felt that it did not adequately compensate the client for the injuries incurred. Paul instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on 17^th June 2024 for the sum of €12,500. This was a great result for our client. We are proud of all the work put in by Paul 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.