Case Study

Case summary:

Incident:

Cathy was doing her food shop just like any other day when she slipped on the wet floor of the shop. She fell and landed onto her right hand. She felt immediate pain in her hand. Over the next few hours she noticed that her hand became swollen, especially her right little finger.

The next day Cathy visited an injury clinic. Her examination showed swelling on the sides of her hand as well as mild reduction in full flexion.

Her x-ray showed that she had sustained a fracture. She was treated with over-the-counter pain medication and ‘buddy strapping’ which involves strapping the middle finger to the ring finger for protection. She wore this strapping for three weeks.

As time went on, her injury impacted her ability to work. She reported that when working, she spent a lot of time typing and that her overall hand function has not been the same since the fall.

She struggled with basic household chores and self-care such as doing her hair and lifting objects.

She was taking painkillers three to four times a week for months after the accident.

Her doctor later advised that she would need urgent treatment from a hand therapist for the assessment and rehabilitation of her fracture. She had a total of fifteen home-based hand therapy sessions.

Cathy was also advised to massage an anti-inflammatory gel on a regular basis to the affected area.

The defendant failed to provide and notify customers with a wet floor sign. Their negligence endangered not just Cathy, but potentially other people in the shop that day.

Cathy continues to suffer not just physically but mentally as well. This slip and fall accident affected her ability to carry out her normal everyday tasks.

Case progression:

The Injuries Resolution Board assessed the injury at €5,329. Solicitor Elaine Hickey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred. Elaine instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 8^th of May 2023 for the sum of €15,000. This was a great result for an admirable client, we are proud of all the work put in by Elaine and her team to achieve this brilliant outcome.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. How do I make an accident claim?

   Following an accident, your first port of call is to check to see if you or 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 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.

2. 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 what 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.

3. 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.