We offer our clients:
REQUEST A CALL.
- Road traffic accidents & injuries
- Back Injury
- Work accidents
- Injury in a public place
- Catastrophic injury – Spine & back
- Childbirth injury
- Medical negligence
Step 2. Receive a call from our client care team to discuss your case in more detail
Step 3. Complete a consultation with one of our Solicitors
There are two things the law requires you to do if you are involved in a road traffic accident:
- Stop at the scene and exchange insurance details (If the offending party doesn’t stop, the car accident could be classed as a hit and run, which is a criminal offence.)
- Call the Gardaí, if necessary.
- Call for any medical assistance needed
After the accident, it’s important that you speak to a solicitor as soon as possible. This is because if someone else is to blame for any injuries you have incurred, you will be considered the innocent victim of personal injury*. This means that you will be entitled to take legal action, which, if successful, will ensure you are properly compensated for any injuries.
How to Claim Compensation for a Car Accident
To give your claim the best chance of success, it will help if you have been able to:
- Take pictures of the accident scene from all different angles, as this will help your car accident solicitor assess how events have unfolded
- Write down the details of the other person(s) involved in the car accident
- The time of the road accident
- The weather conditions
- Names and numbers of any emergency servicemen at the scene
- Any other important information such as if the other party were using indicators correctly, or if they were on their mobile phone at the time of the road accident.
It’s also important that you seek medical assistance for the road accident injury sustained, as well as recording any injuries suffered by other parties involved. This will help your solicitor link your accident to your injuries.
However, don’t panic if you haven’t been able to obtain this information – you will still be able make a claim. The most important thing to do is contact a solicitor as soon as possible with as much information as possible.
Whiplash is subject to a lot of rumour and misinformation, so establishing a sensible definition is important.
Whiplash is defined as an injury, primarily affecting the neck, caused by a sudden change in motion that makes the head and neck snap back and forward. This sudden change in motion stretches the tendons and ligaments of the neck, along with other soft tissues. When the tendons and ligaments are stretched too far it causes severe pain and issues with moving and holding the neck in place, causing the most common symptoms of whiplash.
Whiplash affects different people in different ways. The average recovery time for women over 60 suffering from whiplash is fifteen times greater than the average recovery time for young men.
Whiplash might be exacerbated by pre-existing conditions, both mental and physical and can also exacerbate those conditions. Examples of conditions that are thought to be worsened by whiplash include multiple sclerosis, arthritis, and depression.
These factors can make whiplash more challenging to live with, but without any factors whiplash is an immense problem. Whiplash can derail physical fitness programs, prevent you from working at all, become worse if you sit in an unsuitable position for long periods of time (e.g. in front of a computer in an office), and generally will make your quality of life worse.
When a motorist is injured, or their car is damaged in a road traffic accident, they are protected by insurance companies. Cyclists, on the other hand, rarely have the same legal protection and are often left to fend for themselves following a road accident that leaves them injured and in need of medical treatment.
However, if another party was responsible for your accident and subsequent injuries, you could be eligible to make a cycle claim. Compensation awarded in such cases can help you cover the cost of medical fees resulting from your injuries and repairs to your bike, accessories, as well as any loss of earnings resulting from a period spent out of work.
How Will My Cycle Claim be Handled?
Our solicitors will use all their expertise to ensure you receive the cycle compensation you deserve. We can help with situations in which:
- You have been injured by a vehicle that leaves the scene of the accident or is uninsured
- We will follow up your bicycle accident compensation claim with the Motor Insurers’ Bureau.
- You are injured due to an unidentified spillage,
- Your accident is caused by a pothole or a defective road surface
- We will pursue a claim against the Roads Service on your behalf – If the local authority responsible knew of the defect and did not repair it, or was not carrying out regular inspections of the road, you could be eligible make a successful cycle compensation claim.
If you are involved in a cycling accident, it’s important to remain calm and attend to any urgent medical needs first. Once these have been dealt with, it’s important to collect the following information if possible.
- Where the accident took place
- What time the accident took place
- Who was involved in the accident
- How the accident happened
- Contact details of any witnesses
- Garda details, including the incident number
- Photos of the accident scene
- Any video/head cam footage of the accident
After you have received any medical treatment needed, it’s important you retain all details of your injuries along the treatment received.
This information will help you when you come to make a compensation claim. The more information you have, the better equipped you will be when it comes to starting legal proceedings to claim any compensation you deserve. However, depending on the exact circumstances of your bicycle accident, you may not be able to collect this information in its entirety. You may still be able to make a claim without everything listed above, but bear in mind that the more information you have, the better.
To be eligible to make a motorbike accident claim for compensation, you need to show that:
- You were owed a duty of care by somebody who was negligent; and
- As a result of that negligence, an accident on your motorbike happened and you were injured.
Negligence that could lead to a motorbike accident claim comes in various forms that we’ll look at in the next section. However, if an accident does take place, you should follow some simple steps just in case you go on to take legal action. They include:
- Writing down the details of any/all other vehicles involved in the motorbike accident.
- Swap details with the road user/s or pedestrian/s responsible for the accident.
- Taking pictures or videos of the accident scene on your phone. Ideally, you should try to do this before any vehicles are moved (but only if is safe).
- Reporting the motorcycle accident to the police if there are any injuries.
- Seek medical attention so that your injuries can be treated.
- Recording contact details for any witnesses.
- Ask for copies of any dashcam footage that’s available.
These steps are important as you’ll need to prove what happened (witness statements could help here), who was to blame for the accident, and how you were injured (medical records). We can review any evidence that you have collected thus far and let you know if anything else is required. For more information on how we could help you claim compensation for a motorbike accident, please get in touch today.
Accidents on or with public transport can be extremely distressing. If you have been injured in a bus accident, either as:
- A passenger on a bus
- A driver involved in a road accident involving a bus
- A result of negligent behaviour on the part of a bus driver
– You may be able to claim financial compensation for any loss of earnings, medical fees or rehabilitation costs you have incurred as a result of your injuries.
Am I eligible to claim For an accident
When passengers travel on public transport and suffer an injury, many do not realise that they may be eligible to claim compensation for their injuries.
Bus operators in Ireland have a duty of care to their passengers, and are therefore required to ensure their safety. If a bus operator fails in their duty, you may be able to make a claim in respect of a bus accident, regardless of the situation, which caused your injury. Common situations that cause injury include:
- Descending the stairs or waiting to alight when the bus driver was forced to slam on his or her brakes
- The bus you were travelling on had an accident with a third party vehicle
- Your bus driver pulled away from the bus stop too quickly and you fell,
- You sustained injuries which required hospital care or time off work
- Injuries caused because the bus on which you are travelling was involved in a road traffic accident with a third party vehicle
If you unsure whether or not you are eligible to make a bus accident claim, or you would simply like further professional advice, speak to our expert road traffic solicitors today. We will be able to advise you whether or not your accident with a bus occurred for negligent reasons – if you have been the innocent victim of a bus or bus car accident, we will pursue a compensation claim on your behalf.
According to recent statistics, driver error leads to as much as 90% of motorway accidents. Therefore it is very likely that your motorway accident was caused by another individual’s negligence. If so, you will be in a position to claim financial redress. A solicitor who deals in personal injury* claims will be able to offer you expert legal advice, recommending whether you are eligible to claim motorway accident compensation.
If you have suffered a road accident as a pedestrian, you may be eligible to make a compensation claim. Many pedestrians do not realise that they are able to claim financial compensation for their injuries and sometimes feel that the accident may have been their fault, but accident claims are rarely that straightforward.
How Can You Be Involved In An Accident As A Pedestrian?
Pedestrian accidents are, sadly, commonplace. And because pedestrians have no form of protection, they are in an extremely vulnerable position when crossing or even walking alongside a road. Because of this, pedestrian accidents can result in serious injuries, which, amongst others, can include:
- Broken or fractured bones
- Head/Brain Injuries (see our guide on acquired brain injury here)
- Severe mental distress
- Temporary or permanent incapacitation
Who Is To Blame For A Pedestrian Accident?
If you or your loved one has been involved in a pedestrian accident, you need to establish who was to blame.
Many pedestrians believe their actions in some way contributed towards the incident, however, it is important to remember that car drivers and other road users have a duty of care towards pedestrians, and must therefore drive in a safe and reasonable manner at all times. In addition, motorists must give pedestrians right of way. All too often road users fail to respect this obligation, causing a pedestrian to suffer harm.
Claiming Compensation For An Accident As A Pedestrian
If a driver fails to drive with due care and attention and you are consequently involved in an accident as a pedestrian, you need to seek expert legal assistance. This is because it is very likely that you will be legally entitled to compensation for the pain and suffering you have wrongfully experienced. Even if you stepped out into the path of an oncoming vehicle, or the driver at fault fled from the scene, you may be eligible to claim compensation for the injuries you received.
A solicitor who specialises in personal injury* will be able to suggest whether you are able to claim for your pedestrian accident. If so, you could stand to receive financial compensation for your damages. Due to the often-devastating nature of pedestrian accident injuries, this financial redress will undoubtedly be needed and will help to cover the medical fees, rehabilitation costs and bills incurred during a period spent out of work
Generally if you suffer an accident due to someone else’s fault you could have a personal injury claim. Or, if you can answer yes to either of the below questions, would give a good indication of you have injury claim eligibility:
- Did the accident or incident cause me a visible injury, or pain (some injuries are not visible for example whiplash after a car accident), and not just damage to my property?
- Do you suffer from psychological trauma as a result of the incident, for example depression or anxiety?
A personal injury claim enables you to recover compensation; for damages done to you physically, financially and/or psychologically.
There are many causes of personal injury from traffic accidents, trips and falls in public places, work accidents, medical mistakes etc., but, the accident generally should be the fault of another person(s) negligence.
No two personal injury claims are the same, many factors have to be taken into consideration. Even such factors as age and gender can impact on claims.
We specialise in the following areas:
Road Traffic Accident Claims*
To qualify for a road traffic accident compensation claim, you must have been hurt within the last three years. The accident must also have been all or partly someone’s else’s fault. If you were 18 or over when the traffic accident happened, you’ve got three years to make a personal injury claim from the accident date.
Serious Injury Claims*
Serious injury claims, also known as catastrophic injury or large loss claims, include life changing injuries such as spinal injury, severe head/brain injury, amputation, traumatic injuries and fatal accidents.
These complex claims often take a long time to resolve and require specialist Solicitors with expert legal knowledge and experience. Serious injury claims often involve significant sums of money which need to compensate the individual for the losses incurred.
Accidents at Work Claims*
If your employer failed to meet their responsibilities and negligence has led to you being injured in an accident at work, you can claim compensation by filing a work accident claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance.
How much compensation you might be able to claim for a work accident varies due to various different factors. These will include how severe your accident at work is, do you need to take time off from work to recover and if you do for how long, who else may be affected by your work injury such as family members and so forth.
Slip, trip and falls accidents Claims*
Slips, trips and falls generally happen because businesses, building landlords or local councils didn’t take the correct maintenance, repair and safety measures to keep you and other members of the public safe. Most slips and trips when people are out and about are caused by:
- Wet floors plus wet or icy pavements
- Uneven flooring or steps
- Cracked or uneven pavements and kerbs
- Unexpected obstacles
- Poor lighting
The damages in slip, trip or fall compensation are made up of two types, called general and special damages. Your solicitor will calculate both and add them together when they value your claim and begin negotiating with the other side.
- General damages are awarded for what’s called pain, suffering and loss of amenity. This covers the injury itself and the impact it has had on your ability to do things in your daily life.
- Special damages are the financial losses you may also have suffered like loss of earnings, the cost of medical treatments you’ve needed and even necessary modifications you had done to your home or car.
The guidelines for general damages are set by The Judicial College, which is part of the Ministry of Justice.
Medical Negligence/Clinical Negligence*
The term medical negligence (also known as clinical negligence) is usually defined as a breach of a duty of care from a health professional that has resulted in harm and loss.
For there to be a valid medical negligence case the breach of care must have caused harm or damage to the patient. Medical negligence can take a number of forms such as:
- Incorrect treatment
- Surgical mistakes
- Prescribing inappropriate medication
- Damage to child before, during or after birth
- Not giving a person the treatment they need
- Not being told about the risks of a proposed treatment
- Delay in the provision of appropriate treatment
There are strict time limits placed upon clinical negligence claims but these may vary depending on the age of the patient. Patients are usually required to start a compensation claim within 3 years of their injury, or within 3 years of when they discover their injury was the result of clinical negligence.
In cases where a child under 18 has suffered clinical injury, the time limit starts from the date of their 18th birthday.
Fatal Accidents Claims*
A Fatal Accident compensation claim arises when someone dies as a result of the negligence of another personor an organisation following an unexpected or unforeseen event.
A ‘no win no claim’ agreement, also known as a conditional fee agreement, is an arrangement between you and your personal injury solicitor. It means that if your compensation claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services.
Most personal injury claims in Ireland will fall under a No Win No Fee arrangement. However, all claims are assessed case by case, please contact a member of our client care team who will help you with your enquiry.
There are no upfront costs.
All Solicitors are obliged by the Law Society of Ireland to be explicit and transparent regarding costs. If you have any questions regarding costs, the claims process or would just like an initial call with our client care team, submit an enquiry form and we will call you back.
Under the Civil Liabilities and Courts Act 2004 the time limit for claims for compensation is 2 years from the date of the accident.However, it is very important that you notify the person you hold responsible for your injury within 1 month of the accident. You should notify them in writing (by registered post) detailing what they have done. This gives the person, company or organisation a chance to investigate your claim. If you do not inform the other person within the specified timeframe, it may not affect your application to PIAB. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.
The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to PIAB.
PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the respondent) does not want PIAB to assess your claim for compensation, you can take your claim to court.
On average, claims made to PIAB are assessed in just over 7 months from when the respondent consents to have the claim assessed by PIAB. Personal injury claims taken in the courts can take up to 36 months.
We are highly experienced litigation solicitors with over 30 years experience, we have successfully supported and achieved great outcomes for our clients. We offer our clients the service of a large corporate law firm, but our fees are competitive, therefore you benefit the most. We are members of several law firm boards to ensure that our practice delivers to the highest standards for our clients
It takes an average of seven months from the date the person or entity that you are making the claim against (Respondent) agrees to the PIAB process.
Yes, but you’ll need to be represented by a “next friend” who will make the claim on your behalf – this is usually a parent or guardian.
The application can be made online using our online channels – you can also send us your application form by post along with the processing fee and a medical report from your treating doctor. PIAB will assess your claim in the normal way. As a minor, your Board award will also be subject to Court approval.
In general, no. However, income derived from investment of compensation may be taxable.
So, you’ve been in an accident some time ago…maybe it’s too late to claim? Generally, in Ireland, you must start a personal injury claim within two years of the accident occurring. This is known as the statute of limitations, after the two years is up the case is barred. But, there can be some exceptions to the rule, for example, maybe the injured party was under 18 years old at the time of the accident.
The length of time it takes to process an injury claim can vary, but the Personal Injuries Assessment Board state that the average time frame is seven months. And we usually find it takes somewhere between six and nine months, then the payout of compensation normally happens within a month of finalisation from the Personal Injuries Board. But, if the claim ends up in the courts (litigation) the claim assessment could take up to three years.
A medical report is required to prove that the reported accident caused the injuries that were sustained. This report will help prove injuries such as pain, loss and suffering; and details on the nature of the injury, the effects this will have on the injured and how long recovery is likely to take.
Your personal injury solicitor can request your medical reports, for you, from your doctor; reports need to be received within two months of the injured person being examined. Under Civil Liability and Courts Act, 2004, there are severe sanctions for inaccurate medical reports — the reports should be as accurate as possible of the injuries sustained.
Fees for medical reports can vary. Different GPs will have different charges, reports could cost in the region of €100, and some could go up to €400. If specialist’s medical reports are required this will cost significantly more. The injured person that’s making the claim usually will have to pay for these reports; but can claim the payment back, if their case is successful.
Your solicitor will discuss fees with you, there might be a no win no fee agreement. This is common in personal injury cases, it means that if the case is not successful, the claimant won’t have to pay legal fees. Other typical fees for personal injury cases include the Personal Injuries Board Application PIAB fee, this is set at around €45. And, then there is your medical report fee, as previously discussed.
Compensation depends on many factors, but guideline payout amounts for different injuries can be found in the PIAB Book of Quantum. Or, if you wish to look up an estimate of the typical compensation for an injury, you might find a personal injury claim calculator useful; many of these calculators can be found online.
Not normally. Most, probably over 90%, of personal injury cases are settled before reaching a stage of having to go to court. Usually, if the case ends up in court it’s because the parties involved have failed to agree on a compensation outcome. But, your solicitor will still prepare your case as if it will be presented in the courts.
Other times that personal injury cases end up in court are due to the Personal Injuries Board declining the case; this could be due to the nature of the claim, time frames involved, issues with the insurance company or the claimant’s medical prognosis.
You will sometimes read about compensation payouts in the media. But the majority of claims won’t be in the news. Claims might make the headlines if there’s a high profile individual or organisation involved; a large settlement agreed; or, the case is particularly unusual, e.g a lady sued Starbucks for putting too much ice in her… iced coffee! Yes, this happened.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.