Case Study

Case summary:

Incident:

Brenda, an elderly woman, was walking to her local market with her son-in-law and granddaughter. When she was crossing from one footpath to another, her foot suddenly got caught on a broken pathway, and she fell forward onto her arms.

Brenda was in immediate shock. Her son-in-law helped her stand up and she began to feel significant pain in her right elbow.

The following morning, Brenda was taken to A&E, where X-rays confirmed multiple fractures in her elbow. Doctors advised she would need surgery to insert wires for stabilization. She underwent the procedure the next day. She was also referred for physiotherapy to help with her recovery.

Despite attending physiotherapy, Brenda’s pain persisted. Upon reassessment, doctors informed her that the wires in her elbow would need to be removed. However, due to a pre-existing medical condition, she ultimately decided against the second surgery. As a result, her pain remains, and she will never fully regain mobility in her elbow.

Brenda does not have a medical card, meaning she had to cover the costs of her scans and physiotherapy sessions herself, adding financial strain to an already difficult situation.

All aspects of Brenda’s daily life were affected by this accident. She now has a severely restricted range of movement, making simple tasks difficult and day to day activities very challenging.

By failing to repair the broken footpath, the defendant neglected their duty to maintain a safe environment for pedestrians. As a direct result of this negligence, Brenda suffered not only serious physical injuries but also ongoing pain, reduced mobility, and significant financial hardship.

Case progression

The Injuries Resolution Board assessed the injury at €20,000.

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

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

Case settlement:

The case was settled on the 3^rd of September 2024 for the sum of €45,000. 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. What does no win no fee mean?

   Solicitors fees are based on a number of factors:

   • Complexity and urgency of your case
   • Paperwork involved -the amount of paperwork, medical records etc., that need to be obtained and examined
   • The amount of time spent by the personal injury solicitor and their legal assistant on the matter
   • Skill, knowledge and expertise
   • Whether costs can be recovered from the other side will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.

   Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease.

   You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry the Law Society of Ireland regulate how a solicitor’s firm can advertise their services, one of these regulations is that a solicitor’s firm cannot advertise ‘no win no fee’ services and any solicitor found advertising these serves will be found to be in breach of the regulations. Keep this in mind when choosing your solicitor to represent you.

2. What information will I need for my solicitor 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.
   • 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. Will I have to go to court?

   Every case is different and each case comes to a resolution differently. In the majority of personal injury cases, the person making the claim will not step foot into a courtroom.

   It is possible that the person at fault will seek to settle outside of court and your case will be settled in a settlement meeting attended by you, your solicitor and barrister to negotiate your settlement.

   Ultimately, it is entirely up to you whether to accept the settlement offered. If you do not accept then it will move to a court hearing where a judge will decide how much your settlement will be.