Case Study

Case Summary

Incident

Michael was involved in an accident on the Long Mile Road and when he was stationary at a crossroads and was rear-ended by a car who failed to stop. Such was the force of the impact that Michael himself was shunted into the car in front of him. The defendant admitted liability at the scene of the accident. Michael suffered soft tissue injury and was referred to physiotherapy. He was treated for stiffness, reduced range of movement in the lower back and neck and received treatment for cervical and trapezius injury. The right shoulder was also injured as a result of seatbelt pressure during the accident. Michael was unable to partake in activities and hobbies such as playing golf and swimming with his grandson as it aggravated the injury. Thankfully he was able to return to work.

Case Progression

Michael rejected the assessment from the Personal Injuries Board and Proceedings were issued on the 11/09/2017.

Case Settlement

The case was settled in the Circuit Court on the 12/06/2018. The defendant was at liability as they failed to stop and caused the accident.

Frequently Asked Questions

1. 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.

2. How long do I have to make a claim?

   Immediately following an accident, making a claim may not be at the top of your agenda – focusing on your recovery is most important. It is important to note that in Ireland, there is a time limit in which you can make a personal injury claim. This time limit is called the statute of limitations and states that a case must be started within two years from the date of the accident. It is important to discuss your case with a solicitor as soon as possible after the accident, because any attempt to start a personal injury case after the two-year mark may not be pursuable.

   However, there are some exceptions to this two-year rule and the two-year time limit does not apply in the following scenarios where:

   • The injured person was under the age of 18 (a minor) at the time of the accident – a parent or guardian bring a case forward on behalf of the child or alternatively the child can start the case when they turn 18. In this case, the two-year time limit will start when the child turns 18 years of age.
   • A person did not know or could not have known that they were injured for some time after the accident.
   • A person did not know or could not know who had injured them/who has caused the accident.
   • Once an application to the Injuries Board for assessment has been filed and a letter from the Injuries Board is issued to acknowledge your claim the clock stops of the two-year time limit and will restart as a soon as the case moves forward to court proceedings.

3. How is compensation calculated?

   A compensation amount is calculated by taking into account the following aspects:

   • Loss of wages, if absent from work due to injury
   • Future loss of earnings, if absent from work for a long period of time
   • Medical expenses resulting from the injury
   • Future medical expenses resulting from the injury
   • Out of pocket expenses

   In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases (over 51,000 in total) from the years 2014-2015.