When life takes an unexpected turn, having the right legal support can make all the difference. For accident victims and personal injury claimants, navigating the legal landscape can feel overwhelming. This is why choosing experienced solicitors who act with professionalism and empathy is essential.
Recently, we represented a plaintiff in a High Court case involving a rear-ending collision that profoundly impacted their life. Our expertise and commitment to justice ensured the plaintiff was compensated fairly for their injuries and losses, securing a total of €83,563.97. This blog highlights the legal scenario, the case specifics, and how we worked to achieve this result.
The Case in Detail
On 4 December 2020, our client, a heavy machine driver from Kerry, was rear-ended while approaching a crossroads. The collision led to significant lower back and leg injuries that disrupted their mobility, daily life, and career.
Overview of Challenges
The case raised several critical issues, including:
- The link between the symptoms and the accident versus pre-existing degenerative conditions.
- The plaintiff’s refusal to undergo a recommended epidural injection due to a morbid fear of needles.
- Assessment of general damages for pain and suffering.
- Determining loss of opportunity and fair compensation for its financial implications.
These challenges required a meticulous review of medical evidence, strong legal advocacy, and a deep understanding of personal injury guidelines.
Key Legal Questions Addressed
- Causation of Symptoms:
While the defence argued pre-existing degenerative changes as the cause, the court accepted our submission that the accident initiated the pain, considering the plaintiff was previously asymptomatic.
- Failure to Mitigate Loss:
Section 34(2)(b) of the Civil Liability Act 1961 was pivotal in this case, as refusal to mitigate damage is treated as contributory negligence. Despite their refusal to undergo an epidural, we successfully demonstrated that this decision was reasonable based on factors such as the plaintiff’s genuine fear of needles, the uncertain benefit of the procedure, and its associated risks.
- Assessment of Damages:
The Personal Injury Guidelines categorise back injuries into varying levels of severity. The Plaintiff’s injury was argued to fall between “moderate” and “severe” classifications. Ultimately, the court determined it warranted €60,000 in general damages.
- Loss of Opportunity:
While the plaintiff’s earnings remained stable after the accident, their limitations in mobility, inability to drive long distances, and restricted employment options created a competitive disadvantage in the job market. A 25% uplift of general damages (€15,000) was awarded to reflect this loss of opportunity.
Breakdown of Compensation Awarded
- General damages for pain and suffering (past and future): €60,000
- Loss of opportunity (uplift on general damages): €15,000
- Special damages (expenses): €8,563.97
Total Award: €83,563.97
How We Help Personal Injury Claimants
Whether you’re dealing with life-altering injuries or navigating complex legal hurdles, our personal injury solicitors stand by you. Our expertise ensures every plaintiff receives professional guidance and robust representation, paving the way for a fair resolution.
At HOMS Assist, we handle cases like road traffic accidents with compassion, prioritising your recovery and financial security. Here’s how we assist our clients every step of the way:
Detailed Case Analysis
From understanding your medical condition to reviewing all related evidence, we leave no stone unturned when representing you. For our recent case, this meant meticulously analysing medical reports and leveraging established legal principles to argue for fair compensation.
Expert Advocacy
Our expert solicitors presented a clear argument to the court, supported by comprehensive evidence. We ensured the personal injury guidelines were followed carefully while advocating for a fair interpretation of the law for our client’s unique circumstances.
Tailored Support
We understand that every claim is personal. This is why we don’t just provide legal advice but also reassure clients throughout what can often be a challenging process. We made the plaintiff in this case feel heard, valued, and fully informed, allowing them to focus on their recovery while we handled the complexities.
Commitment to Maximum Compensation
Our team focuses on achieving compensation that reflects the full impact an incident has on your life – not just immediate medical expenses but also long-term implications like restricted earning potential or diminished quality of life.
Why Work with Us?
With over 50 years of experience, our team of award-winning solicitors has a proven track record representing accident victims across Ireland. When you choose us, you’re choosing:
- Dedication: Nationwide services from empathetic professionals who care deeply about achieving justice for you.
- Expertise: Skilled solicitors who ensure your case is managed efficiently, leveraging legal insights and expertise.
- Client-Centric Assistance: Lawyers who prioritise open communication, ensuring you feel supported at every step.
Read more about our Road Traffic Accident Claims Services here.
Steps to Take if You’re in an Accident
If you’ve recently been in a road traffic accident, follow these six steps to ensure the best possible outcome for your claim:
- Notify the Gardaí: Always report the accident and obtain a case number.
- Seek Medical Attention: Even if your injuries seem minor, it’s crucial to get a thorough medical check to identify potential issues.
- Document the Scene: Take photos and collect witness details.
- Notify Your Insurer: Provide them with all relevant information.
- Track Your Expenses: Keep a record of all costs incurred due to the accident.
- Consult a Solicitor: Professional guidance can make all the difference. Call us to discuss your case today.
Contact Us for Personal Injury Support You Can Trust
If you’ve experienced a road traffic accident or other personal injury, our solicitors are here to advocate for you. We understand the emotional and financial stress these situations cause and are committed to guiding you through the claim process with empathy and professionalism.
Navigate life’s unexpected detours with confidence. Contact HOMS Assist today for your free consultation.
