Case Study

Case summary:

Incident:

One evening Lucy (a minor) was a passenger in a car driving home. While driving through a junction, suddenly, a vehicle sped through the red light and crashed into the passenger side of the vehicle.

Lucy sustained no physical injuries and was not required to go to the hospital in the immediate aftermath of the accident. Lucy later reported to her father that she felt nauseous and soon after she began vomiting. Her father closely observed her for a couple of days to see if she needed medical attention.

Two days after the accident, Lucy was taken to her GP. She complained of abdominal and stomach pain, and bruising was observed in a seat belt pattern around her chest. She was experiencing a lot of distress after the accident, so her GP referred her for therapy.

Lucy sustained major psychological injuries as a result of the accident. She showed distress during car rides and was very anxious getting into cars. Lucy also suffered persistent nightmares for months after the accident.

Lucy attended six therapy sessions and continued to experience situational anxiety. She was referred for further therapy by her GP.

She continues to experience fear and anxiety around cars, car horns and flashing lights since the accident.

The defendant was driving without taking due care and in a dangerous and unsafe manner.  As a result of the defendant’s excessive speed, Lucy suffered psychological injuries.

Every road user bears the responsibility of ensuring the well-being of other road users. Unfortunately, the driver did not consider the safety of Lucy, or any other potential road users that morning.

Case progression:

The Injuries Resolution Board assessed the injury at €11,807. Solicitor Philip Gleeson reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred.

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

Case settlement:

The case was settled on the 4^{th of} November 2024 for the sum of €23,500. This was a great result for our client. We are proud of all the work put in by Philip and his 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.