Case Study

Case summary:

Incident:

Daniel, a child, was on his daily cycle to school with his sister. He proceeded to lawfully cycle through the zebra crossing, but before he could make his way to the other side, a motor vehicle illegally passed the zebra crossing and struck Daniel.

He was knocked off his bike, and the bike fell on top of him. A teacher driving by witnessed the accident and called emergency services.

Once they arrived, he was assessed by paramedics at the scene but not brought to the emergency department as his injuries were not severe.

Later that night, Daniel was distraught. His mother reported that he cried all night and could not sleep. He expressed that he felt guilty that the accident had happened.

Daniel stayed home for two weeks following the accident. He was upset and still in pain. His mother took him to the GP. There he had an X-ray on his knee, the result showed no bone abnormalities, however he was diagnosed with soft tissue injuries to his knee and elbow. He had bruises and scrapes throughout his body and was sent home with pain medication.

As time went on, although his physical injuries were improving, Daniel continued to suffer. He was having regular nightmares and his mother noticed that he had become withdrawn. He was no longer his bubbly self.

In an effort to help, his parents organised for him to take the school bus as he was too scared to cycle. His sister had to accompany him on the bus as he refused to travel without a familiar face. He became clingy and often did not want to be left alone. When leaving school to wait for the bus he would avoid walking on the side of the road where the accident occurred. His mother took him back to the GP and he was then referred to see a child psychologist.

At the initial appointment, Daniel explained that he felt confused and did not understand why the accident had happened to him.

After several sessions with the psychologist, Daniel was diagnosed with child traumatic stress disorder and an avoidance phobia. He is now undergoing a hypnosis treatment.

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

Case progression:

The Injuries Resolution Board assessed the injury at €7,049.00. Solicitor Maria Lakes reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred. Maria instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 18^th of April 2024 for the sum of €12,000. This was a great result for our client, we are proud of all the work put in by Maria and her team to achieve this brilliant 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.