25/09/2019 0 Comments
Personal Injury Success Stories
We seem to spend an awful lot of our time discussing personal injuries and the potentially devastating effects an injury can have on a person’s lifestyle.
We are so focused on this that sometimes it’s easy to forget about all the happy endings. At Roger’s Solicitors, we take great pride in helping injured individuals achieve the legal redress they deserve following an injury.
It can be scary, confusing and overwhelming in the immediate aftermath of a personal injury, and we want to take a bit of time to remind individuals that if they have been injured due to the negligence of a fellow road user or injured in a workplace accident they are absolutely within your rights to seek financial compensation.
The below stories illustrate a tiny fraction of the clients we’ve successfully represented but we hope the below reminds people that following an injury they are not powerless.
Accidents At Work
Workplace Back Injuries
Unfortunately, Simon's Story will sound all too familiar to employees involved in difficult, physically intensive work.
Simon worked in one of Ireland's largest supermarket chains in their Blanchardstown location.
One of his workplace duties involved unloading delivers that regularly arrived at the supermarket’s warehouse.
This was tough, hard and difficult work that involved unloading everything from crates of food and drink to large kitchen appliances from a lorry, before moving them to their assigned factory location.
On the day of Simon’s injuries, a shipment of washing machines arrived at the supermarket’s warehouse.
These heavy appliances were left outside the warehouse.
The procedure for dealing with large kitchen appliances was having them loaded onto a pallet before they were brought inside the warehouse for storage.
This was hard, heavy work at the best of times but on the day in question, Simon was working by himself. The second employee that was supposed to help with unloading the delivers had called in sick; leaving Simon to load these extremely heavy appliances onto the pallets on his own.
Even though the lifting and transporting of heavy items was a fundamental part of Simon's job, he was never given any manual handling training.
On his own, Simon tried to follow procedure and load the washing machines onto the pallets. Inevitable Simon suffered a serious back injury that left him requiring physiotherapy for 12 months.
Our reputation for overseeing personal injury cases proceeding us and a friend of Simon suggested he get in contact with our Dublin personal injury firm.
We pursued Simon's case successfully and he was awarded a substantial sum of compensation. The case took around two years to settle. Liability was admitted by the store's insurers, however, we advised Simon to reject the PIAB assessment as it was much too low, and his loss of earnings was still ongoing at that stage.
High Court personal injury proceedings were issued at Dublin High Court. The case settled without the need to attend a Trial, which Simon was delighted about.
After the case settled, Simon called into our offices in Trinity Street (Dublin 2) to personally thank the staff who dealt with his case. Simon was pleased with the service he received throughout and how was updated every step of the way.
It’s no secret that factories are dangerous places. With that in mind, it’s reasonable to assume that factory owners are taking every precaution necessary to protect their employees. Unfortunately, this isn’t always the case.
Back in 2015, Brian was working in a medium-sized production factory in Tallaght. This factory produced plastic moulds that were used in for countless applications and were shipped all over the world. While carrying out his duties, one of the moulds fell from the production line casting a spray of red-hot molten liquid over Brian ’s right leg.
Immediately Brian could feel his skin begin to burn. Brian’s working clothing not was designed to protect employees from the molten liquid used to produce the mould.
Brian was rushed to hospital but due to the extent of his injuries, he was transferred to another hospital with a specialist burns unit.
In total Brian spent 4 days in hospital but his burns left him unable to work for some time.
In November Brian's neighbour suggested that he contact us. A meeting was arranged with Brian and he attended our offices in Trinity Street, Dublin 2. We advised Brian of what was involved. We advised that the case will be submitted with PIAB, but there was a chance that High Court proceedings will likely be required.
A letter before action was sent to the employer, and they, in turn, sent this to their insurer. We obtained a report from Brian's GP outlining the extent of his injuries. We carefully submitted the Form A application form to the Injuries Board.
Brian was updated constantly with phone calls, text messages and emails. The third-party insurer was not happy that they were liable for the accident even though it seemed fairly obvious to us that they were to blame. In such cases, the claim will exit the PIAB process.
Now that the case had exited PIAB, the next step was to issue High Court proceedings. If a personal injury claim is valued at over sixty thousand euros then it must be issued in the High Court. Our Barrister assisted us in drafting the Personal Injury Summons which is the document that is filed in the central office of the Big Court to commence proceedings. Brian also had to swear an Affidavit to state that the contents of the summons were true to the best of his knowledge.
A few weeks later an Appearance was filed in the Court from the Solicitors that were acting for the third party insurer. This meant that they were now party to proceedings. The third-party solicitors sent us a list of further particulars ( a list of questions about the accident) and these were promptly replied to.
By this stage, we were now around 1-year post-accident, an updated medical report was required, and Brian's GP referred him to a plastic surgeon and a report was drawn up. The report stated that Brian had sustained lifelong scarring to his right leg as a result of the nasty burns.
Brian lost around six months wages after the accident and we instructed an accountant to calculate Brian's losses.
The next stage in the court process was the filing a Defence by the third-party solicitors. A call was then received from the third party solicitors to ask if we would attend settlement talks at the Four Courts in Dublin. We had a meeting with Brian to see what he thought of this. Brian was happy to attempt settlement as he did not relish the thought of attending Court. From our perspective, we are also happy to consider settlement as all of the expert reports that we needed were ready.
Two weeks later we attended the Four Courts along with Brian and our Barrister. After 2 hours and intense negotiations, a six-figure settlement figure was agreed upon. Brian was very happy with the result and he was satisfied that the amount he was awarded did justice to the injuries that he sustained.
Personal Injury Cases
The above are just two examples of the many personal injury cases we have negotiated to a successful conclusion.
We hope these successful outcomes illustrate that even though the process can seem long, justice is always served. If you have suffered a personal injury* and want to discuss your options with one of our Dublin personal injury solicitors, get in contact with Rogers Personal Injury Solicitors today: 01 617 7949