PERSONAL INJURIES

Six figure settlement for client injured in single vehicle road traffic accident

Brigid O’Donnell, Solicitor, was delighted to achieve a six figure settlement for a client injured due to a road traffic accident. The settlement achieved was six times higher than the offer initially made to compensate our client for her injuries.

Brigid’s client was a front seat passenger, wearing her seatbelt, in a car driven by a friend which went out of control before coming to a rest on its roof. The accident was terrifying and resulted in recognisable, psychological injury for our client, namely Post Traumatic Stress Disorder. For many months thereafter, she had flashbacks and nightmares requiring extensive counselling.
In addition, following the impact, she suffered very significant physical injuries to her neck, shoulder and back which meant that she was no longer fit for the physical job she had previously occupied. She required three surgeries and continues to require pain management. Thereafter, she followed a home exercise programme diligently and did all that she could to mitigate her loss, ultimately returning to third level education to upskill and secure alternative employment.
She was commended both by her own doctors and by many of the doctors instructed by the insurance company to prepare medicolegal reports on their behalf for her positive outlook and for the efforts that she had made to improve her situation.
Settlement negotiations earlier in the year had been unsuccessful. The other side argued that because there was a lapse in time between the accident and one of the necessary surgeries, she had failed to establish a causal connection between the accident and this injury. On Brigid’s advices, the offer was rejected and we worked closely with the Plaintiff’s treating doctors to ensure that all aspects of her injury were clearly documented and that the case was ready for hearing before a Judge to decide the issue of compensation.
In the meantime, the other side placed mounting pressure on our client to settle her claim at an undervalue by delivering a Tender in the case. A Tender is an offer with legal implications in that it places an obligation on a plaintiff who rejects the Tender, and who is ultimately awarded less compensation by the Judge who hears the case to pay their own legal costs from the date of the Tender, together with the other side’s costs. In a High Court case, involving multiple witnesses, these costs can exceed six figures.
While our client was apprehensive about the risk involved, she trusted her legal team and rejected the Tender.
The final settlement offer represented six times the offer initially made to our client to compensate her for her injuries. The case settled immediately before she was called to give evidence to the Judge. She was pleased with the outcome. Her outlook on life, when faced with life changing injuries, was inspirational and we wish her the very best for the future.

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