Understanding Damages in a Personal Injury Case from a Traffic Collision in Limerick

When facing a traumatic event such as a road traffic collision, the aftermath can be life-altering, both physically and emotionally. Knowing your rights and understanding the compensation process for your injuries is critical to rebuilding your life. This blog explains how damages were assessed in a notable Limerick case and explores the implications for others pursuing personal injury claims.

An Overview of the Case

The case involved Deborah Fitzgerald, a Limerick resident and full-time carer for her paraplegic husband. Deborah was a passenger in a vehicle involved in a four-car collision at Childers Road, Limerick, in October 2020. Despite wearing her seatbelt, she suffered a range of serious injuries, including a head injury leading to post-concussion syndrome, psychological trauma, and physical impairments.

The liability was undisputed, and the court’s focus was on determining fair damages to compensate for her injuries.

Key Injuries from the Collision

Ms. Fitzgerald’s injuries were multifaceted, and the medical reports presented in court highlighted the following:

• Head Trauma and Post-Concussion Syndrome:

• • Severe headaches – occurring daily, often reaching debilitating levels.
  • Reduced concentration and memory loss, affecting her ability to engage in conversations or follow plots in books.
  • Sleep disturbances causing further cognitive impairments.

• Neck Injury and Chronic Pain:

• • Persistent neck pain exacerbated by movement.
  • Degenerative changes in the cervical spine triggered by the accident.

• Right Hand Weakness:

• • Diagnosed as post-traumatic carpal tunnel syndrome, leading to reduced dexterity and strength.
  • Tremors and pins-and-needles sensations exacerbated her challenges with daily activities.

• Psychological Injuries:

• • Diagnosed with post-traumatic stress and anxiety, particularly when travelling in a car.
  • Ongoing adjustment issues requiring counselling.

Medical Observations

The assessments by various neurologists, orthopaedic surgeons, and psychologists provided valuable insights:

• While degenerative cervical issues were pre-existing, they had been asymptomatic before the accident, establishing causation to the collision.
• The plaintiff’s headaches and cognitive difficulties, despite normal MRI results, were attributed to microscopic injuries inherent in post-concussion syndrome.
• Some symptoms, such as arm tremors, were expected to improve with treatment, while others were deemed lifelong.

How Damages Were Assessed

Compensation for personal injury claims in Ireland typically falls into two categories:

• General Damages for pain, suffering, and long-term effects on quality of life.
• Special Damages to cover medical costs, loss of earnings, and other out-of-pocket expenses.

General Damages

The court considered guidelines set by the Personal Injuries Assessment Board (PIAB) and made awards for the following injuries:

1. Post-Concussion Syndrome:

• • Impaired memory and concentration were deemed the dominant injury.
  • Compensation for ongoing cognitive impairments was set at €40,000 (€20,000 for past suffering and €20,000 for future suffering).

2. Physical Injuries:

• • Chronic neck pain and headaches:
    • Initially severe but later intermittent, consistent with a minor to moderate neck injury.
    • Awarded €10,000 in damages.
  • Right-hand weakness (post-traumatic carpal tunnel syndrome):
    • Continuing but fluctuating symptoms led to a €17,000 compensation.

3. Psychological Trauma:

• • Adjustment disorder and anxiety, impacting daily life and travel.
    • Given the plaintiff’s reluctance to undergo therapy, damages were awarded at €15,000 for this injury.

Special Damages

Special damages, agreed upon at €2,990, were added to the total compensation for expenses such as medical costs and future counselling.

Final Award

Using an overlapping injury methodology to avoid duplication, the court awarded:

• €67,900 for general damages.
• €2,990 for special damages.

The total award amounted to €70,890. This figure is consistent with judicial principles, balancing fairness for both the plaintiff and defendants.

Understanding the Broader Impact

This case offers important learnings for anyone seeking compensation following a personal injury in a road traffic collision:

1. Document Your Medical History:

• • Accurate and thorough medical documentation is critical. Ms. Fitzgerald faced challenges when inconsistencies arose in her reports due to memory difficulties.

2. Engage Qualified Experts:

• • The detailed assessments by neurologists, orthopaedic surgeons, and psychologists played a critical role in establishing the severity of her injuries.

3. Seek Timely Treatment:

• • The court noted Ms. Fitzgerald’s financial constraints led to delayed physiotherapy and counselling. Seeking treatment early can support recovery and strengthen compensation cases.

4. Know Your Rights:

• • The plaintiff’s award was guided by Irish compensation guidelines, ensuring alignment with injury severity and long-term prognosis.

Taking the First Step in Your Personal Injury Claim

If you or a loved one have been injured in a road traffic accident, understanding your entitlements is crucial. Compensation can help ease the financial burden of medical expenses, ongoing care, and lost income while offering recognition of pain and suffering endured.

At HOMS Assist Solicitors, our team is committed to assisting individuals like you in understanding your legal options and pursuing fair compensation. Our experts have extensive experience navigating the intricacies of personal injury claims, from assessment boards to the courtroom.

Why Choose Us?

• Comprehensive Support:

We handle all aspects of your claim—from collecting medical reports to engaging specialist witnesses.

• Proven Expertise:

With decades of experience, we’re known for achieving results that serve our clients’ best interests.

• Empathy and Understanding:

We work with care and professionalism to ease the emotional burden of pursuing legal action.

Reach Out Today

Take the first step in claiming the compensation you deserve. Contact HOMS Assist Solicitors at 1800 207 207 or visit our office in Limerick, Dublin, or Cork. Our focus is on securing justice for you while you focus on healing.