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Significant settlement for client injured due to a road traffic accident

Posted in News on Monday, September 21st, 2020

Brigid O’Donnell, Associate Solicitor, recently instructed Senior Counsel in relation to settlement negotiations involving a personal injuries case. The case involved a road traffic accident and had been due to proceed to hearing at Cork High Court in March but unfortunately, due to Lockdown restrictions, the March Sessions were adjourned. The facts of the case were somewhat complex in that the Plaintiff had been involved in an earlier accident whereby she had suffered significant injuries to her back. At the time of the accident the subject matter of proceedings, she remained very symptomatic with regard to back pain. She suffered an exacerbation to her pre-existing back pain but also suffered significant injuries to her neck and shoulder. As a result of the more recent injuries, she could not return to full time work. The Defendant argued that her difficulties pre-dated the accident and in fact, related to the earlier road traffic accident in which she was involved. Their Solicitors filed a Tender to reflect this view.  Brigid worked closely with the Plaintiff’s treating practitioners to obtain reports which differentiated between the injuries attributable to the more recent accident and those which pre-dated that accident. As a result, a settlement in excess of the Tender value, which adequately and appropriately compensated the Plaintiff, ensuring she recovered loss of earnings arising, together with treatment costs incurred, was negotiated. The Plaintiff also recovered her legal costs and outlay incurred in progressing the case to conclusion.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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Ernest J. Cantillon

Managing Partner

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