Rear End Collision. Soft Tissue Injury (Whiplash)
Case Study– Soft Tissue Injury (Whiplash)
30-year-old Marius was involved in a road traffic accident*. The accident* happened on 15 th December 2018. He was driving a blue Mercedes. Next to Marius sat his wife Anna. They were going shopping. As Marius was coming to a stop at a red light a white van coming from behind failed to break and collided at speed with the back of his car.
Liability
Immediately after the crash a driver got out of his car. He felt very shaky. He apologised for causing the accident* and called for an ambulance. The driver was at fault and liability was not an issue in this case.
Injuries suffered
Marius felt severe pain in his neck and could not move. An ambulance took him to the nearest hospital. Anna felt fine at the scene of the accident* but was in shock. Later in the evening, she noted pain in her neck which worsened by the next morning. In time Marius has become anxious and refused to drive for a few months.
Treatment and effect
Marius and Anna were diagnosed with soft tissue injury (whiplash). Marius spent a day at an Emergency Department in St James’s Hospital in Dublin 8 where he was advised to attend his GP and continue with physiotherapy treatment. Anna attended her GP a few days after the accident* when the pain in her neck became unbearable. As referred by her GP Anna attended few physiotherapy sessions and recovered fully within a few months.Marius, who had a previous injury to his neck, needed about a year to recover. Rest, painkillers, and
physiotherapy helped, and he felt better every day. He also attended a psychologist regarding post-accident* anxiety.
Case Progression
Case was lodged to The Personal Injuries Assessment Board (PIAB). We obtained a medical report from a Consultant in the Emergency Department in St. James’ Hospital who treated Marius and a medical report describing Anna`s injuries from her GP. Two applications were submitted to PIAB. Both Marius and Anna attended independent medical appointments scheduled by PIAB and submitted receipts for medical and travel expenses. The Personal Injuries Assessment Board (PIAB) made an assessment in respect of Anna’s case which was accepted by both sides. Anna received compensation* for the injuries suffered in the road traffic accident* in addition to her medical expenses and travel costs. Anna`s case was finalised at this stage without the need to go through court proceedings. The Personal Injuries Assessment Board (PIAB) made an assessment regarding Marius' case, but it was rejected by the client and proceedings were issued shortly afterwards. The case was brought to the Circuit Court.
Case Settlement
At the end of December 2019 we obtained an additional medical report from Marius’ doctor describing his current condition. We also received a report from a Psychologist he attended for treatment. Client kept sending us his receipts for medical treatment.
Marius’ case was settled on 15th January 2020. At that time the client mostly recovered from his injuries and psychological trauma that was the result of the road traffic accident*. Marius accepted the offer made by Defendant and received reasonable compensation* for his personal injuries* which included his medical and travel costs. A part of his compensation* formed his lost earnings that is wages he could have earned if he would not have suffered injuries in a car accident*. The case was finalised without the need to go before a Judge.