McElhinney & Associates recently represented a woman in her mid-50s who suffered significant injuries following a road traffic accident in which she was entirely blameless. The case has now successfully settled, with our client receiving a compensation sum significantly exceeding the recommendations outlined in the Judicial Guidelines.
Our client was seated in the driver’s seat of her vehicle, parked lawfully in a designated parking space. The car was completely stationary at the time. Suddenly, and without warning, a vehicle driven by the defendant collided forcefully with her vehicle. The impact was severe, propelling our client forwards and upwards, causing her to strike her head on the passenger side of the windscreen.
Liability for the accident was admitted at an early stage. However, the defendant required our client to prove the full extent of her injuries and justify the need for any and all treatment she received following the incident.
Immediately following the impact, our client experienced facial sweating, neck pain, and tenderness along the right side. She was transported to hospital by ambulance and underwent immediate medical evaluation.
In the aftermath of the accident, she developed chronic neck pain and experienced severe muscle spasm, particularly across the upper trapezius region. Her symptoms persisted and significantly interfered with her ability to carry out even basic daily activities.
She underwent an extensive course of physiotherapy and was unable to attend work for a prolonged period. A detailed functional capacity assessment confirmed that she continued to suffer from substantial physical limitations, particularly in activities such as dressing, household tasks, transport, and work-related duties.
We sent our client to a psychologist to investigate the significant psychological toll on her. She was diagnosed with post-traumatic stress disorder (PTSD), presenting with ongoing anxiety, sleep disturbance, and emotional distress linked to the accident. Our experts recommended a programme of trauma-focused therapy, including EMDR (Eye Movement Desensitisation and Reprocessing) and Cognitive Behavioural Therapy to address these issues.
Despite the clear medical evidence and documented impact on our client’s quality of life, the defendants delayed in making any meaningful offer. It was only after a hearing date was assigned and we were ready for Trial that the defendants agreed to engage in meaningful negotiations.
Through thorough preparation and strong advocacy on behalf of our client, we secured a substantial settlement representing High Court compensation for our client. This outcome reflects both the seriousness of our client’s injuries and the ongoing effects on her personal and professional life.
About the Authors
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
