The next day, Rima went to her GP who diagnosed a whiplash-like injury in her neck and upper back. She went for several injections and underwent a course of physiotherapy. Rima’s job as a chef involved heavy lifting and she was out of work for 4 weeks. When she went back to work she was limted to light work by her doctor for a further period of 6 weeks.
Rima was recommended to go to a good firm of solicitors who deal with these types of personal injury cases. Rima was advised that an application could be made to the Injuries Board. All that was needed was a medical report and an application fee of
€45. The insurance company for the other driver consented to the assessment.
The Injuries Board sent Rima to their own doctor for a second opinion. Other than that, the assessment was entirely paper-based. Rima did not have to be questioned by by Gardai or by a Judge.
After 9 months the Injuries Board assessed damages for pain and suffering at €18,000, together with loss of earnings at €1,750.25. The overall assessment was €19,750.25. She had to repay €812 to Social Welfare and her net amount was €18,938.25.
Rima was advised by her solicitor that she could obtain up to €25,000 if she rejected the assessment and started court proceedings.
However, Rima decided to take the €18,938.25 assessed by the Injuries Board. She said she would use the money to go to Lithuania and obtain better treatment for her injuries. She said “I don’t want all the money in the heavens”. She was not a greedy person.
The above story is true. However, the names of the people involved and the locations have been changed to protect their privacy.
The Law Society Gazette Explains: This story by Neal Horgan outlines the principles in establishing the standard of care to be applied in personal injuries proceedings taken under the Package Holidays and Travel Trade Act 1995. Click here for the full story. ...
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