Supporting a client through a serious head injury claim against a local authority in Ireland

Head injury claim case background

Our client, a man in his early thirties, came to Coleman Legal after sustaining severe head injuries in a road traffic accident caused by a defect in the road surface. While driving, he lost control of his vehicle due to a defect and collided with a wall. He sustained serious head injuries alongside a number of other injuries and was fortunate to survive the accident.

He spent a significant period in hospital and subsequently underwent an extensive programme of rehabilitation. Before coming to Coleman Legal, our client had approached two separate firms of solicitors, both of whom declined to take on his case. Coleman Legal accepted his instructions and committed to pursuing the head injury claim on his behalf.

How we supported our client through the process

Coleman Legal carried out a thorough assessment of the circumstances of the accident, the condition of the road surface at the collision site, and the local authority’s responsibility for the maintenance of the road. The legal basis of the head injury claim rested on the local authority’s statutory duty to maintain public roads in a safe condition under the Roads Act 1993, and on its duty of care in negligence under the Civil Liability Act 1961.

Given the severity and complexity of our client’s injuries, a wide range of expert evidence was required. Coleman Legal instructed:

• Medical consultants across a range of specialisms to address our client’s physical injuries, ongoing condition, and prognosis.
• Nursing consultants to assess his care needs, both current and long-term.
• Experts in assistive technology to evaluate the supports and equipment he would require as a result of his permanent disabilities.
• A consulting forensic engineer will establish the nature of the road defect, its causal connection to the accident, and the local authority’s failure to detect and address it.

Our client’s injuries had life-altering consequences. He had to relearn fundamental skills, including walking and talking, during his rehabilitation. He sustained short-term memory loss as a permanent consequence of the accident and would be unable to return to work. Detailed actuarial evidence was required to quantify his future loss of earnings and the cost of his ongoing care over his lifetime.

The financial impact of the proceedings on our client was considerable. He had mortgage and loan commitments that he was unable to meet during the five and a half years the case was contested, with social welfare his only source of income. The pressure on his personal and family life during this period was significant, and Coleman Legal remained mindful of this throughout the proceedings.

High Court proceedings were issued, reflecting the severity of the injuries and the complexity of the head injury claim. The case was actively defended by the local authority throughout, and the evidence was prepared and maintained in full throughout the litigation.

Outcome and resolution

A confidential settlement was reached in the High Court without the local authority admitting liability, five and a half years after our client first instructed Coleman Legal. Rose Sweeney of Coleman Legal represented our client throughout the proceedings. Rose noted: “The client was delighted with the outcome because two separate firms of solicitors were not willing to take on the case.”