Case Studies: Personal Injury

Travel Anxiety following serious Road Traffic Accident

O’Reilly Stewart were instructed on behalf of Mrs G following a road traffic accident in January 2015. Dionne Darragh acted.

Mrs G was driving on the M3 motorway when an articulated lorry changed lanes, without notice and collided with her vehicle. Liability was admitted following pre-proceeding discussions and an interim payment was requested in the sum of £4000, due to our client’s ongoing loss of earnings.

Mrs G suffered a strain injury to her neck, back and shoulders. The physical symptoms resolved relatively quickly, however the most significant issue in the case was the psychiatric upset.

Independent medical evidence was obtained which confirmed a diagnosis of post traumatic stress disorder.

High Court proceedings were issued to progress the claim and a further interim payment of £10,000 was sought and awarded by the Master.

The Defendant’s Solicitors disputed the level of injury sustained and argued that our client sustained a moderate depressive adjustment disorder with trauma related symptoms and travel anxiety.

Our client’s claim related to the injuries sustained but also in light of same and the disabling travel anxiety, she was unable to drive to work and continue working full time. Our client availed of CBT treatment which recommended working alternate days and welcomed a relocation appointment with her employer.

The medical experts argued whether the loss in employment was associated to the psychological upset. It was accepted that our client could return to full time working hours 2 years after the accident as long as the travel issues were addressed.

The significant issue in the case was the restriction in employment and loss of earnings arising therefrom.

The case was listed for Hearing in September 2018 and negotiations proved successful on the morning of the Hearing. The case settled in the sum of £55,000.

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