Case Study

Case summary:

Incident:

Nathan was filling up his tank at a petrol station and then began to make his way into the shop to pay for his fuel. Once he entered the shop, Nathan slipped onto the hard tiled surface landing on his right leg. He described his leg as going sideways when he fell.

Nathan struggled to get up and had difficulty straightening his leg. He sat on a seat provided by the staff. He had to call a family member for assistance as his pain was too severe to drive himself home.

It was later discovered that there had been an oil spill on the ground around the pump. There was no mat at the entrance of the shop to dry the oil from his shoes.

Once he was picked up, Nathan was brought to the nearest hospital. A large bruise had formed immediately on his knee. His examination showed that Nathan had sustained a lesion to his right knee. This is where the skin and soft tissue separate from the muscle due to traumatic force.

Nathan was out of work for a week following the accident.

Nathan wore a compression bandage for a number of weeks after the incident, and he was prescribed pain medication to take twice a day for two weeks. Additionally, his doctor referred him to a physiotherapist, where he had seven sessions in total.

As time went on, the bruising resolved but Nathan still reported an occasional shooting pain in his right knee.

Before the incident, Nathan played golf regularly. However he now experiences high levels of pain when he has to bend his legs during the game.

He is a bus driver and noted that from time to time, he still feels discomfort when sitting for a long period of time.

The defendant failed to provide customers with a door mat or clean up the oil spill. They did not take adequate precautions for the safety of Nathan or other people that day. As a result of this negligence, Nathan suffered not just a personal injury but loss, damage and expenses.

Case progression:

The Injuries Resolution Board assessed the injury at €2,377. 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 €13,500. 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 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 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.