Legal history was made this week in Trim circuit court. A 67-year-old widower who was in mortgage debt and risked losing his home, a proposal for an insolvency arrangement was put forward to swap his debt for equity. This resulted in his Mortgage loan written down from €139,500 to €18,500.

The arrangement meant that the creditor (Start Mortgages) was given 85% equity share of the property and the debtor left to pay 15% of the value of the property, in monthly instalments, without the risk of a forced sale.

This is the first Debt for Equity solution of its kind and is claimed to be a landmark ruling. The legal team involved in the case Gibson & Associates Solicitors are pleased with the outcome, solicitor Amanda Walsh, commented:

“This is the first debt for equity solution that has been approved after a fully contested hearing before the Court. We were delighted to be able to assist the debtor in this instance, and in conjunction with his personal insolvency practitioner provide a solution for him.”

Amanda Walsh Partner at Gibson & Associates Solicitors

Christmas is a lovely time of fun and celebration….but, it also can be a time of increased hazards and accidents. The last thing you need is to end up in A&E over the holidays with an injury, due to an accident or someone’s negligence.

Below are five of the most common situations when you might need to exercise more caution over the holidays

Shopping & Socialising

When you are out and about this Christmas — be careful where you’re walking! Look on footpaths for icy patches, wet leaves or snow banks — falls and slips are one of the most common cause of injury in the winter months.

With party season in full swing, there is a likelihood of you being out socialising more in restaurants bars and nightclubs. With hordes of Christmas jumper wearing revellers around, you should watch out for broken glass and drinks spillages on dance floors! These are a leading cause of injuries on nights out.

The famous Black Friday shopping frenzy, leaves paramedics treating trampled and bruised shoppers every year in the U.S. Thankfully, we don’t have the same level of shopping injuries here but unwary shoppers can still fall victim to accidents in shopping centres and supermarkets.

If you are involved in an accident: ask for eyewitnesses and take their contact details, and/or take photos of any visible cause of your accident e.g spilled liquids on the floor. This will help you if you need to make a claim against the store.

Under the Christmas Tree

Christmas is an exciting time for children with the arrival of Santa, and expectantly lots of presents. But, did you know that many accidents involving children are caused by toys. In the U.S, a child is treated in the emergency room, every three minutes, due to a toy related injury!

With the rise of online shopping it’s becoming more important to be vigilant about the toys that you are purchasing — check that you are buying from reputable sources to avoid counterfeit toys with subpar safety checks. And, always check that the toy is suitable for the child’s age range.

Every year consumer watchdog World Against Toys Causing Harm (W.A.T.C.H) release a list of the most dangerous toys for sale that could cause injuries such as choking, blunt trauma, and eye injuries.

If a child is seriously injured by a toy, the manufacturer or retailer could be liable for damages. Find out more about compensation for injuries caused by toys here.

In the workplace

One of the nicest things about Christmas is seeing all the lights and decorations lit up and hanging from all the shops and building around towns. However, getting them there can take a lot of careful thought and planning, to avoid shocks, fires and other accidents.

Remember: Be careful of ladders and lights!

If you are assigned to hanging the Christmas lights or any other outdoors work task, remember —  your employer should take appropriate measure to protect you and other workers in harsh weather conditions. This includes providing any necessary safety equipment or protective clothing, providing extra training or rescheduling shifts so you aren’t out working in difficult conditions if it’s not necessary.

If you work in Transportation, healthcare and public administration you are in the most risky industries to be in for ice slips and falls, claiming 50% of all reported accidents to Health and Safety Authority. Did you know that most workplace slips on ice occur between 6am -11am?

Be particularly careful if you have to shovel snow from work premises. This humble task causes thousands of injuries every year; from back injuries, knee injuries, heart problems and even broken bones.  

If you get pain in your lower back then stop shovelling to prevent a greater injury; if pain persists for more than one day, you should get it checked out by a medical professional.

On the roads

Driving in winter can become very hazardous due to poor weather conditions. Sleet, hail, ice and snow and freezing fog will cause problems for many road users.

If you accidentally crash into another car on icy roads, it’s generally your fault. Poor conditions are visible and you possibly didn’t take a duty of care towards other road users; this is why you must practice safe driving in poor conditions such as:

• Reducing your speed, and don’t brake suddenly on ice.
• Keeping a safe distance behind drivers and allow extra time for braking.
• Keeping you maintained by having correct tyre tread depth and pressure, and keeping windows and lights clear of snow and ice.

On the slopes

Maybe, this Christmas you fortunate enough to be heading off on a winter sports holiday. But, hopefully you won’t be unfortunate to then experience a sports injury.

The majority of accidents occur on the ski slopes, and you will know that winter sports carry a certain level of risk. But, if you suffer a serious injury while on a ‘skiing package holiday’ you may be entitled to compensation for your accident.

Common injuries on the slopes are concussion, knee injuries, sprains, broken arms or legs (ouch!). This could lead to some time of work, most travel insurance policies would cover for loss of earnings, so it’s worth consulting with your solicitor if you find yourself in this situation.

Before you participate on any Winter sport:

• Check the safety record of the resort
• Wear appropriate clothing and safety equipment, and check that your equipment is it fit for purpose.
• Pay attention to instructors etc., and abide by resort rules.
• Don’t overindulge on antifreeze (alcohol) before skiing as you could pose a risk to other as well as yourself.

It’s not just these situations that accidents and injuries occur, so remember to practice good health and safety in all situations over the holidays. And, don’t let the chance of an injury ruin the Christmas spirit.

Happy Christmas to you and all! 💜🎅

 

If you need help with a legal issue, contact us by filling out the below form.

The Government of Ireland could face a legal compensation tsunami, after prescribing the highly controversial drug Mefloquine, branded as Lariam, to Irish soldiers on peacekeeping missions in Africa from 2001.

What is Lariam:

Mefloquine (Lariam) is an antimalarial drug discovered by the US army after the Vietnam war, new antimalarial drugs were needed as resistance to the mainstay drug Chloroquine was becoming an issue.

First trials of Lariam were conducted on prisoners in the 70s, the drug was approved in 1989 then marketed commercially as a drug to prevent malaria in tourists and business travellers in the tropics.

But within months concerns emerged, and consumers viewed the drug with concern… and alarm!

What are the issues:

Although the drug is administered for protection against malaria, many say that the side effects of Lariam are worse than the symptoms of Malaria — dubbing Lariam as “A Horror Movie In A Pill”. …

Lariam is reported to cause shocking and severe psychiatric side effects such as violent mood swings, depression, panic attacks, and suicidal thoughts.

In an investigation by RTE in 2013 claimed to find a plausible link between the use of Lariam and several suicides amongst soldiers. Investigators found a higher suicide rate in individuals that took Lariam compared with individuals who had not taken the drug.

The investigation resulted in a heated debate in the Dáil. The Defence Minister at the time, Alan Shatter, denied the allegations of Lariam being linked to suicide rates amongst soldiers:

“…it was extremely unlikely that the drug had played a part in the suicides of several soldiers”…as it would not stay long in their system.

This is contrary to the findings by the FDA who stated that the side effects from the drug could last months or become permanent:

“Neurologic side effects can occur at any time during drug use, and can last for months to years after the drug is stopped or can be permanent” (FDA, 2013).

Lariam in the USA & UK 

The US stopped issuing Lariam to the special forces in 2009, after a reported spate of murders and suicides in the States by personnel who had been taking the drug. Now, dispensing the drug to troops is a court martial offence!

In the US, the FDA launched a neurological review of the drug, and since has changed the labelling. The drug now carries a ‘Black Box’ warning, this is the strictest warning for significant risks.

The support group International Mefloquine Veterans’ Alliance, has been set up in the US to raise awareness and provide support to those affected

In 2015, 1000 British army personnel required psychiatric treatment after taking Lariam. Steps are being taken to restrict its use on army personnel, a group of military personnel have issued claims against the Ministry of Defence.

The following countries have now banned or limited its use:

• The US
• Canada
• Denmark
• France
• Germany
• The Netherlands

Lariam was taken off the Irish market in the 31st July 2016. Irish doctors favour drugs such as Malarone and doxycycline. But, the Irish Defense Forces can still access to drug in other jurisdictions and remains on the list of antimalarial medications they use.

Side effects to look out for:

If you or someone you know has been taking Lariam you should watch for these side effects:

• Dizziness
• Balance problems such as a feeling that you or things around you are moving or spinning (vertigo)
• Ringing in your ears (tinnitus)
• Convulsions or seizures
• Inability to sleep (insomnia)
• If you already have or develop any mental problems, you should contact your health care professional right away. These mental problems include:
• Anxiety
• Feelings of mistrust towards others (paranoia)
• Seeing or hearing things that are not there (hallucinations)
• Depression
• Restlessness
• Confusion
• Behaviour that is unusual

Court cases:

Last year in Ireland, the first [test] case was brought to the High Court, Anthony Coyle sued the minister of defence and the Attorney General after being given Lariam to protect him from malaria, while on a tour of Chad.

He complained of not feeling ‘normal’ since his duty tour of Chad in 2009. He claims that his career and health was ruined by the drug. Mr Cole still suffers from appalling  symptoms. He received a significant payout. Another 58 military personnel who took Lariam have lodged claims since.

• In the courts it was argued that given Lariam was  in breach of EU law, as no alternatives are offered to soldiers.
• Due to the known risks Mefloquine (Lariam) malaria treatment should only be used as a last resort in regions where mosquitoes have developed resistance to alternative drugs.
• The failure of the Department of Defence to implement a screening programme to monitor the effects of the drug on the estimated 4,500 personal that received it.

Public concerns are why was this the preferential drug? Why was it used for do long and why was it continued to be used in light of the investigation?

Support groups: 

There is a campaign group on Facebook for anyone that has been affected by Lariam: Facebook

The group This has encouraged soldiers to talk about what they have been going through, and know that many others are in the same situation. They have also campaigned to TDs that the drug should only be used as a last resort.

If you have been prescribed the drug without being warned of its dangers, you could be entitled to compensation.

Talk to one of our team if you’d like to find out more.

 

Being involved in a car crash (or any road traffic accident!) can be a terrifying experience — no matter if it’s minor or more serious. It’s always good to have some preparation in case you happen to be unfortunate enough to be in a car accident, this guide covers most questions you may have. So, what should you do if you’re involved in a car accident…

Right after the car accident

If you are not injured, but you’re still taken by surprise, try not to panic; stay calm and make sure that you and your passengers are okay. Look around for danger. If the location is hazardous due to traffic etc., then move the vehicle to a safer spot and switch on your hazard lights — in more serious accidents the vehicle should not be moved.

If there is noticeable damage to the car check that no fuel is leaking onto the road, if there is, make sure to switch off your engine. By law, you must stop your car.

Should I call the Guards in the event of an accident?

You happen to suspect the other driver involved is drunk or has taken drugs then you should call the Gardaí. If someone is hurt, or there is substantial damage to the car, call the Guards (legally this must be done within 24hrs). You sense that the injuries require medical attention then call an ambulance immediately. The Gardaí will also be informed. In the meantime don’t move anyone with a suspected head or spinal injury.

You should call the Guards if you suspect that the car accident was caused deliberately. If no one is hurt and the damage is only minor, then it may only be necessary to exchange contact details and insurance information with the other involved parties.

The Guards are on the way, now what?

You should take photos of any damage to the vehicles involved and of the location that the car accident occurred. Remember to take registration numbers and ask for any witnesses. The Guards will request the following information:

• Your name and address
• The address where your car is kept
• The name and address of the car owner
• The car’s registration number
• Motor insurance details (including the expiry date of the policy)

Other useful information to note is the date and time of the accident, keep the details of any witnesses, and a record of the damage and position of the vehicles, and/or damage to surrounding property.       

How soon should I see a Doctor/receive medical attention after a car accident?

It’s strongly advisable to see a doctor as soon as possible after a car accident. Car crash injuries range from minor scratches to catastrophic injuries (permanent disabling conditions). Other injuries might not be visible and symptoms may only appear after the initial shock has subsided.

Should I leave the scene of the accident?

If there is damage or injury then NO DON’t LEAVE! Leaving is illegal. If you haven’t exchanged information you could be perceived as a hit and run, regardless if the accident was your fault or not. If the Gardaí has been called: you must wait.

What happens if the other driver leaves the scene of the accident?

If the other driver leaves the scene of the car accident without exchanging information this is considered to be a hit and run. You should give any details of the driver and the vehicle involved in the Gardaí; fortunately, it is easier now to catch hit & run drivers with the prevalence of CCTV on our roads.

Should I admit liability?

No never admit liability or agree that you were at fault; even if you think you caused the accident. Just stick to the facts and leave opinions out. Any — in the heat — of the moment comments could come back to bite at a later date after the event of a car accident. You could also invalidate your insurance policy by admitting liability (read the small print on your insurance documents).

If the other person admits liability, still remain cautious as they could change their mind later and deny responsibility.

How does insurance work if I’m at fault (no other vehicle involved)

If you have comprehensive car insurance your insurer will arrange the repairs to your vehicle, you will have to pay the insurance excess charge. If you don’t have a comprehensive cover you will be liable for the damages yourself.

Notifying your insurance company

You should report the accident to your insurance company while at the scene of the accident. You can find the name of your insurer on the disc on your window screen, they will take you through any steps you need to take, and advise in case the other party makes a claim against you.

Will I lose my No Claims Bonus?

Check your insurance policy, did you take the option of protecting your no claims bonus? If you did, you will NOT lose the No Claims Bonus value that you have earned, provided that you have made no more than two claims within the past three years.  Or, maybe you have a step back protection option, with this, your No Claims Bonus value is deducted by a percentage.

The other driver involved has no insurance, can I still claim?

You have found out that the driver of the other vehicle has no insurance; don’t worry, the Motor Insurer’s Bureau of Ireland (MiBi) should be able to help. MiBi compensates victims who have been involved in a road traffic accident caused by uninsured or unidentified vehicles. It’s best to discuss this with your solicitor, they will help you with the application.

What are the most common injuries from traffic accidents?

Whiplash is probably the most common injury as a result of a car accident. Whiplash is a neck injury caused usually caused by great force, often seen in rear end car collision accidents that cause the victims head to suddenly move forwards and backwards. A whiplash injury may not appear for several days after an accident, so it’s important to get any developing head and/or neck pain checked out.

Other common accident injuries are made up of soft tissue damage e.g torn ligaments, bruising etc., but many of these injuries go unreported. Head and back injuries are the most common of the more moderate to severe injuries.

Who’s at fault for rear ending accidents?

If you run into the car in front of you, you are nearly always considered partly responsible — as you should be keeping a safe distance behind the vehicle in front.

But sometimes the driver of the car that gets rear ended is at fault, for example in these scenarios, reversing suddenly; driving with broken brake lights; breaking down and not switching on hazard lights or not moving out of the lane of traffic. From a legal perspective, there could be many facets of the situation that would have to be considered.

Not sure who is to blame for the accident, or if multiple people are at fault

For a claim to be successful fault must be determined, there are certain rules of law to help determine who’s at fault in situations when blame is not clear, for example using the rules of the road. This often applies in the case of a rear end collision, i.e the driver behind should have been keeping a safe distance back.

But sometimes both parties are somewhat responsible, this is where ‘contributory negligence’ comes into play i.e. how much blame for the accident can be attributed to you, and others. An example of when multiple people may be at fault would be a road accident that resulted in a ‘pile up’ of vehicles. This can affect the length of time it takes to resolve a personal injury claim.

Can passengers sue?

Yes, an injured passenger can sue the driver of the car they were travelling in, or the driver of any other car involved, if there is attributable blame.

Can you cancel a car accident claim?

Yes, if you are not at fault for the accident, you can cancel a car accident claim. But you need to consider the difficulties this will cause you if you decide to pursue injury/damage compensation at a later date.

When should I contact a solicitor?

After a car accident you will have many things on your mind: attending medical needs, informing family, notifying your employer and dealing with insurance; it can be easy to not think about the legal aspects but you should call a personal injury solicitor (assuming there are injuries) as soon as possible.

What does a Personal Injury solicitor do?

If you don’t already have a solicitor, you can find a reputable personal injury solicitor on the Law Society website or contact us here. Your solicitor will initially briefly discuss the incident with you to assess if the case is worth pursuing, this will be free of charge.

If there is a legal case worth pursuing the legal team will send ‘terms’ to you to be signed, you should have proof of identity and address ready to send back to the solicitors.  A consultation with a solicitor will follow, he/she will guide you through the next steps such as accessing medical reports etc., and whether you have an accident claim.

How does a car accident claim work?

If you were in an accident through no fault of your own, you are eligible to claim provided it can be shown that the other road user(s) negligence or carelessness resulted in your injury.

A personal injury claim must go through the Personal Injuries Board: Personal Injuries Assessment Board (PAIB). A medical report, by a doctor, containing details of injuries sustained is required. The amounts awarded to the type of injuries reported can be found in the Book of Quantum.

What is the Book of Quantum?

The Book of Quantum provides the general guideline for the amounts awarded in injury claims, supported by medical evidence. The process starts with looking at the anatomical area that suffered the worst injury i.e. the head, torso, limbs etc. Next, the injury is looked at by severity from minor to severe; settlement values are stated based on the categories.

How long do I have to claim after an accident?

You generally have to initiate a claim within two years of knowledge of the accident, see the next point for detailed information.

What is the Statute of Limitations?

This is a law that guides the time frame within which you can take legal action. In the Civil Liability and Courts Act, 2004 (outside of clinical negligence) the limit is 2 years. Or simply, you have 2 years from the date of knowledge of the injury to proceed with a claim. (In the statute of limitations act 1991, amended s.221 legal services regulation act 2015).

Solicitor fees: What is No Win No Fee?

No Win No fee also labelled as No Foal No Fee, is a phrase solicitors’ commonly will use to describe the standard fee method on personal injury or litigation cases. Briefly, it means that if you don’t win your case, you don’t have to pay legal fees. In the case of being successful, solicitors cannot charge a fee in relative amounts to the awarded sum. You will often see the statement:

‘In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.’

Types of compensation

In 2017, the average award for a motor injury claim was €24,879, the highest amount awarded was a €605,095. The most common compensatory damages awarded are for

• Medical expenses
• Lost wages
• Damage/loss of property
• Pain and suffering

When does a car claim go to court, how many of them go to court?

Not many personal injury cases go to court. There are various reasons why a claim will leave the Injuries Board and end up in court:

• The Parties involved do not agree to the Injuries Board carrying out the assessment.
• The Injured party will not recover within the time frame of the assessment, or, the Injuries Board believed that they will not be in a position to complete the assessment within the time frame (9 months – can be extended by a further 3 months).
• There is not a clear prognosis in relation to the injuries.
• It is a medical negligence case as opposed to a personal injury matter.
• The insurance company sometimes uses the Injuries Board to gauge the level of injuries and then reject the assessment and go to court.
• The Parties involved do not agree on the level of the assessment.
• Clerical error i.e. the time frame for acceptance lapses without acceptance.
• The case is purely based on psychological damages.

Many of these instances can be avoided if a solicitor is used in the case to minimise errors. Personal injury cases in the courts can take up to three years to settle.

This should cover most of the common questions in the aftermath of a car accident, and how car accident claims work. But if you require more information or help with a personal injury claim, we recommend speaking with one of our solicitors. You can contact us here.