Case Study

Case summary:

Incident:

Harry had just dropped his two young children off at school and he was making his way to work by car. Without warning, another car driving in the opposite direction swerved into Harry’s lane causing a head-on collision between the two motorists. Harry’s airbag deployed due to the impact and his car caught on fire.

Harry was unable to remove himself from his car because of immense pain in his right-hand wrist and left ankle.  He was dragged from the car by two by-standers to the opposite side of the road. Harry was in agonising pain and was taken in an ambulance to hospital for urgent care.

Upon examination at the hospital, he was found to have suffered an ankle fracture. Harry underwent a surgical procedure to repair the fractured bone. He was given a boot to wear and instructed to use crutches. He was given a splint for his wrist.

In the months after the accident, Harry also then began to develop a pain in his knee and a tight pain over his left shoulder and neck. He started to experience occasional memory lapses, sensitivity to light and constant fatigue.

All the combined injuries caused him to have trouble sleeping at night.

Harry attended eight sessions of physiotherapy and four occupational therapy sessions as a result of the accident. Three months after the accident Harry had to have another surgery for his knee, which slowed down his overall rehabilitation.

Harry was unable to drive, play with his young children or climb stairs. This all began to have a negative impact on his mental health. He was diagnosed with post-traumatic stress disorder.

The defendant showed negligence in his ability to stop, slow down, and keep any proper lookout or swerve to maintain a safe road environment. Harry sustained severe personal injuries, loss, damage, inconveniences, and expenses because of the accident. Motor vehicle drivers bear the responsibility of ensuring that the well-being of other road users is properly followed. The defendant failed to do so in this case.

Case progression:

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

Case settlement:

The case was settled on the 24^th of April 2024 for the sum of €160,000. This was a great result for our client. We are proud of all the work put in by Elaine and her team to achieve this outcome.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. How do I make a car accident claim?

   Following a car crash or other road traffic accident, your first port of call is to check to see if you, any passengers and 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 road traffic accident, even if you are involved in a minor road traffic 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. In worst case scenarios, fatal road accidents can occur.

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 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 (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.