Case Study

Case Summary

Incident

Margaret was on her way home from work late one night as she works night shifts when she stumbled and subsequently fell due to an uneven footpath. She was carrying bags in both hands when she fell. The way in which she fell caused her right knee to take the brunt of the impact. She also sustained injuries to her left knee at the time. The bags which she was carrying were strapped on her shoulders and were the only reason her face did not hit the ground as they cushioned her fall for the upper parts of her body. Margaret was able to pick herself up and continue her journey home. She continued to carry on her day to day activities as usual and went to work the next day although was still having problems with her knees due to the discomfort felt from the fall she had the previous night. She thought the discomfort would eventually go away, however, after some time she realised she would have to go to the doctor for further examination of her injuries. Her doctor referred her on for an MRI as he thought that she had early onset of arthritis due to the accident. The MRI showed severe degenerative change in her right knee. She had no history of arthritis prior to her injury. As a result of this accident, Margaret has a lot of difficulty going up and down the stairs and was placed on strong medication in light of the diagnosis in order to ease the discomfort as a result of the injury sustained to her knees.

Case Progression

The Personal Injuries Assessment Board made an offer which was rejected by the client and proceedings were issued on the 05/11/15.

Case Settlement

The case was settled on the 28/10/2016 in the High Court. The case was settled as the city council failed in their duty to provide a tactile surfacing area at the pedestrian crossing. It is probable that the foundations were insufficient.

Frequently Asked Questions

1. What are the legal time limits?

   The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. The general rule for all personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

2. How is compensation calculated?

   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. How do I start the claims process?

   The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form (Form A) in order to start the claims process. Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) and do this on your behalf.