Case Study

Case summary:

Incident:

Sophie was out walking her dogs to the shop. She was approaching a junction and stopped so she could cross over. As she was crossing, suddenly, without warning, a car came speeding around the corner and struck her, knocking her to the ground on her left side. The driver of the car did not pull in or stop, and left the scene without being identified.

Sophie felt immediate pain and was in severe shock. Three by-standers immediately came to assist her. She was moved off the road and emergency services were called. The Gardai and an ambulance arrived at the scene, and she was taken to hospital.

Sophie had an x-ray and an MRI to see the full extent of her injuries. She was passing blood in her urine and required three ultrasounds of her stomach. Sophie felt stringent pain in her back, neck, and left shoulder. It was suspected that Sophie had a slipped disc and muscle damage in her shoulder. She was referred for physiotherapy and was prescribed medication to help with the pain.

After a period of observation, she was sent home the following morning.

As a result of the accident, Sophie was out of work for six months. She was in immense pain and reported numbness in the fingers of her left hand. She was also suffering psychological damage. She was very nervous all the time and experienced panic attacks.

She attended physiotherapy to help her with the pain. Unfortunately, Sophie only possessed a medical card and did not have any medical insurance, so had to pay for the physiotherapy sessions out of pocket.

In the weeks following the accident, Sophie still experienced fear when out walking. She was very hesitant crossing roads even when the light was green in her favor. Her sleep was also impacted, as she suffered nightmares and would frequently wake during the night feeling anxious.

Sophie was struggling with her mental health as she experienced loss of energy, excessive tiredness, and a loss of appetite. It was a struggle to get to work. She went to her GP and was referred for counselling, and prescribed medication to help with her mental health.

The driver of the car was driving in a dangerous manner and Sophie was badly injured and suffered physically, mentally, and financially as a result.

Because the driver left the scene of the accident without being identified, the case was taken against the Motor Insurer’s Bureau of Ireland, who are responsible for compensating victims of road traffic accidents caused by uninsured and unidentified vehicles.

Case progression:

The Injuries Resolution Board assessed the injury at €14,361.00.

Solicitor Ruth Foy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Sophie for her injuries.

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

Case settlement:

The case was settled on the 22^nd of August 2024 for the sum of €30,000. This was a great result for our client. We are proud of all the work put in by Ruth 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.