Personal injury

cj maxx · 15-03-2022 2:01pm #1

I was involved in an road traffic accident 2 years ago. I got hit from behind at around 100kmp,and have suffered from whiplash (soft tissue) injuries . Ie. Pain , headaches, nausea and dizziness since. I vomit regularly due to this. My car was fixed at no cost to me. I contacted a solicitor, etc, who came back to me with a very miserly (imo) offer.The solicitor was adamant the I should accept as in their opinion I wouldn't get much more and PI court would be expensive. As these symptoms have got worse, with no end to them, or even pain relief, I contacted my solicitor again to say I wouldn't accept. I was told , that on my instructions they accepted so it was a done deal. I only accepted on their strong advice. Do I have any way of recourse in this case. Thanks

Lenar3556 · 15-03-2022 4:45pm

Have you received money into your bank account in respect of your injury?

If so when did you receive this?

Edit: I have just reread you post and see that you did accept an offer of settlement from the other party. Is that correct?

If so, it is highly unlikely that you would have any further recourse at this point.

cj maxx · 15-03-2022 7:33pm

https://www.boards.ie/discussion/comment/118789133#Comment_118789133

That's what the solicitor said. I wasn't compos mentos? when I accepted it. I was only awake after waking up after a horror day of pain and insomnia, and in a bout of serious brain fog (from ms).

I tried to contact them after and left messages with their secretary to call me, but no call .

phildub · 15-03-2022 11:21pm

Have you been to a doctor about your ongoing medical issues? PIAB would need to have received a letter from a doctor stating if they felt you were likely to recover or not. if there is information that your solicitor or PiAB are not aware then the onus is on you to provide them this information.

You can go online yourself and look up the personal injury guidlines and get a rough estimate of how much a judge is likely to award you, assuming that the PIAB authorisation issued after April 2021. If your offer is in and around that then you should weigh up the cost benefits of pursuing the matter in court

cj maxx · 16-03-2022 6:37am

https://www.boards.ie/discussion/comment/118791212#Comment_118791212

I've seen a doctor about them.i prescribed anti nausea tablets which help on an empty stomach. Also seen a physio about my neck and do exercises on it daily. I can order letters from my neurologist re the brain fog. There's also personal issues regarding my marriage break up and the subsequent loss of my children which coupled with fatigue explain my stupidity in just saying yeah to my solicitor.

phildub · 16-03-2022 8:17am

If you think that piab weren't given accurate information regarding your medical needs and recovery times.due to accident then you should explain that to your solicitor. However if PIAB have the full facts the the award a judge will give won't deviate too much from the PIAB award, this is the whole point on the new guidelines, to discourage costly litigation which drives premiums up. But this is all information your solicitor could give you, maybe just ask them to explain to you your legal options.

El Gato De Negocios · 16-03-2022 8:46am

If you have already accepted a settlement offer from the third party insurers and being paid for it then its done, you've forfeited any further right to claim.

https://www.citizensinformation.ie/en/justice/civil_law/settlement_of_claims.html#l1610f

16-03-2022 9:38am

Should your solicitor have known you had “brain fog” when accepting the award?

cj maxx · 16-03-2022 11:16am

https://www.boards.ie/discussion/comment/118792125#Comment_118792125

I don't think so. MS wasn't a factor in the accident.

cj maxx · 16-03-2022 11:18am

https://www.boards.ie/discussion/comment/118792022#Comment_118792022

I had accepted on my solicitors advice. I have NOT received or cashed the cheque.

Bloody predictive text.

El Gato De Negocios · 16-03-2022 11:31am

https://www.boards.ie/discussion/comment/118792515#Comment_118792515

Then I would assume you have no recourse tbh. Best bet is to call the solicitor that represented you and get the answer straight from the horses mouth.

Henry Ford III · 16-03-2022 5:11pm

https://www.boards.ie/discussion/2058237475/personal-injury

100kph is a pretty sizeable impact speed.

Frankly I'm amazed your car survived at all and that you weren't injured much more significantly.

cj maxx · 16-03-2022 7:08pm

https://www.boards.ie/discussion/comment/118794402#Comment_118794402

https://www.boards.ie/discussion/comment/118792585#Comment_118792585

If was in a brand new suv type. And could drive home. The other car was a fairly old small hatch type and was fairly damaged. Her crumple zone , well crumpled. So would have taken a lot of the impact

John_Rambo · 16-03-2022 8:11pm

That's amazing car survivability. What is the make & model?

16-03-2022 8:25pm

https://www.boards.ie/discussion/comment/118795098#Comment_118795098

Astonishing that the driver in the hatch survived, never mind the car if the SUV was that strong that it was drivable afterwards. Must have been like hitting a concrete wall at 100kph.

El Gato De Negocios · 16-03-2022 8:36pm

https://www.boards.ie/discussion/comment/118795152#Comment_118795152

Ive assumed the OP was driving at that speed or near it also so it wouldn't be a 100kmph collision as such. Being hit from behind at that speed, in a stationary position, genuinely dont see how everyone was able to walk away.

16-03-2022 8:40pm

https://www.boards.ie/discussion/comment/118795209#Comment_118795209

I’d say it’s difficult to be hit from behind by an old hatch while the car in front is driving at 100kph per hour, if you are, it’s unlikely it would give you much of a shunt as the car in front is moving forward.

cj maxx · 16-03-2022 8:41pm

https://www.boards.ie/discussion/comment/118795209#Comment_118795209

Oh your right, I had to do an emergency stop. So I had stopped fully. They also did an emergency stop so hit he .e at less than 100k. If she was at 100k and not 120k ? I don't know

El Gato De Negocios · 16-03-2022 9:19pm

https://www.boards.ie/discussion/comment/118795225#Comment_118795225

Ahh, see that's a different story altogether and was not mentioned in your OP. If you had to do an emergency stop, then potentially some of the blame could have been apportioned to you as the third party driver would probably not have hit you if you didn't have to make that manoeuvre. That's likely why your solicitor advised you to settle and tbh, it completely changes the complexion of your story.

John_Rambo · 16-03-2022 9:45pm

I had a car hit me at about 30kph and did €5k of damage. I was mildly sore for about two days so no injury settlement, I was back working the next day & playing sports after four days anyway. You know there's a whole new set of rules and limits on money paid out for soft tissue injuries like this? Those big payouts are a thing of the past, you may have problems being fully compensated for the injuries you're suffering from.

cj maxx · 16-03-2022 9:59pm

https://www.boards.ie/discussion/comment/118795535#Comment_118795535

Lucky you. I have to have to lie down after meals or less ill puke. I also have thunderous headaches in the back of my head that ibuprofen or paracetamol won't help. I was given another painkiller but it's been withdrawn on health grounds. Not me , the drug has been withdrawn.

As for your point, I was once on a 2 story scaffold the tipped over. I jumped and escaped unhurt. I have also been missed by a falling 3•3 m shutter by about a foot. Other people have not been so lucky.

Comparing the out come of accidents is silly. Every one is different.

John_Rambo · 16-03-2022 10:16pm

I'm not comparing anything. I'm just informing you of the new rules regarding soft tissue injuries and payouts.

cj maxx · 16-03-2022 10:25pm

https://www.boards.ie/discussion/comment/118795733#Comment_118795733

Oh I know. I'm pissed off that the symptoms haven't resolved. And aren't likely to. I'm fine when I'm out and about, it's sitting that bring them on . It'd be fine if I could standup and walk for a bit !!! MS in all its Glory >>>>>>>

John_Rambo · 16-03-2022 11:02pm

Sounds like you're going through the mill, marriage break up, this crash and you have MS too?

Would you consider going to a new solicitor? One that specialises in this sort of thing? If you're in Dublin there's a firm that used to heavily advertise specialising in this area, they're called Early & Baldwin, never dealt with them, but used to live around the corner from them. I'd retain them if you can, some slime ball will use your MS against you in a case like this. You need experienced representation.

Best of luck, hope the symptoms disappear soon.

cj maxx · 19-03-2022 12:09am

https://www.boards.ie/discussion/comment/118796065#Comment_118796065

I'm about 100m away from Dublin but will travel. The marriage break up was initiated by me , and the best thing I've done. I'm sceptical about my solicitors, due to my exes familiarity with the legal crowd in that town. And how they pushed me into a settlement. I will contact the solicitors you mentioned, even just for a second opinion. Thanks.

Personal injury

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