Accidental Injuries
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Road Traffic Accidents All drivers in Ireland are obliged to have at least third party insurance cover. This means that if a driver causes an accident and injury to any other party their insurers will be responsible for discharging any compensation due. If you are unfortunate enough to be involved in an accident with an uninsured driver, or with a driver who cannot be traced, then your claim will be referred to the Motor Insurers' Bureau of Ireland , an organisation which specifically deals with such accidents What do I do if I am invovled in a road traffic accident?  STOP
 CALL:- the Emergency services if anyone is injured
 CALL the Gardai. If no one is injured the Gardai may not attend the scene . If gardai attend the scene obtain the garda's name and station details as this will be useful later on if a report is required by your solicitor
 TAKE the other parties' details including
- vehicle registration
- make and model of the car
- names and address and phone numbers of owner/ driver of the other vehicles
- insurance details ( the policy number on the disk, name and address of insurance company and expiry date of the policy)
- DO NOT leave the scene of the accident without exchanging details with the other parties
 TAKE witness details, names and addresses and contact numbers before they leave the scene of the accident
 If possible TAKE a sketch of the accident scene
 DO NOT discuss who is at fault and DO NOT admit liability even if you feel that the accident is your fault.
 BE polite
The information obtained at the scene will be useful when you attend with your solicitor and will assist them to initiate the claim
What do I do if I am involved in an accident at work?
Every employer in Ireland has a duty of care towards his employees. An Employer is legally obliged to provide
- a safe place of work
- a safe system of work ensuring suitable training and supervision
- Sufficient materials and tools
- Competent staff/ co-workers
However showing that a place of work or system of work is not satisfactory or ideal may not be enough to satisfy the Courts that your employer is liable . In other instances an employer may be absolutely liable if his acts or omissions cause injury to his employees. The law applicable and the outcome of each case depends on it's own particular facts therefore expert advice should be sought if you are considering making a claim against your employer
Sometimes an employee is afraid that they will lose their job or be victimised by their employer and co- workers if they make a work accident claim against their employer.
Accidents at work are common and your employer will have insurance to cover employees who are injured as a result of accidents at work. In most instances the claim will be handled by the employer's insurance company.
REPORT the accident immediately to your employer or their representative. Most employers will have a reporting system for such incidents which will be outlined in their Health & Safety procedures.
ATTEND your doctor or hospital if injured. It is important that you do this as soon as possible after the accident and that you advise your medical attendant of how and where the injury occurred
DO NOT admit liability for the accident or sign any forms which deal with liability/ responsibility for the accident
Accidents in public places / slips and falls
If you are caused to trip and fall on a road or a footpath and are injured you may have a claim against the local authority who is responsible for public areas roads and footpaths. If an accident occurs in an area where works are being carried out it may be that the Local Authority are not in fact liable but a contractor or developer is responsible therefore it is important to take details of any companies or individuals working in the vicinity of the accident. It is important to note that a local authority that has done everything in its power to provide proper roads and footpaths will not be found responsible by a court of law for an injury suffered. Each case will depend on it's own individual facts therefore it is important that if you have been injured following an accident you should seek expert advice with regard to your claim .
What should I do if I am injured in a public place.
RECORD the location of the accident and if possible take a photograph
NOTIFY the local authority in writing
TAKE note of any contractors/ companies working in the area of the accident
TAKE names, addresses and contact numbers of any witnesses to the accident
Medical Negligence
If you have been a victim of carelessness, incompetence and/ or negligence of your health professionals you may be entitled to compensation. While acknowledging the ever increasing difficulties facing our health care professionals , your surgeon, GP, nurse, and all other health practitioners owe you their patient a duty of care. If you have suffered due to their negligence you are entitled to claim for compensation. Medical negligence cases are complex and rarely straightforward and usually require significant investigation The opinions of various medical experts will usually be required. Every case is different and a successful outcome will depend on the particular facts . If you think you have suffered due to medical negligence you should contact your solicitor for expert advice .
The Injuries Board
With some exceptions all personal injuries claims must be assessed by the Injuries Board ( IB) in the first instance and before any Court Proceedings can be issued. Once a claim has been submitted to the IB they will then notify the responsible party of the application. The other party has the option of consenting to or declining the IB Assessment Procedure. If they decline, then the IB take no further part and Court Proceedings must be issued in order to claim compensation for your injuries, loss, damage and expense. If the other party consent to the IB Assessment, then the IB will generally consider your claim and it will produce an assessment usually within 9 months. If you are willing to accept the IB Assessment and provided the other party is willing to pay it, then this is the end of the matter. However if either you or the other party does not accept the Assessment, then the claim will proceed by way of Court proceedings
Costs of making a personal injury claim?
The Injuries Board ( IB) does not award any costs, so your legal fees, if you engage a solicitor to act on your behalf throughout the IB process must come out of the figure/ award assessed by IB .
If your personal injury claim proceeds through the Court system in most instances you will recover your legal costs or most of your legal costs if you win or settle your case. If you do not win your case you may be ordered to pay the other party's legal costs as well as being responsible for your own costs. Costs and your liability for costs should be discussed with your solicitor at the outset. It should be noted that in contentious business, a solicitor may not calculate fees and outlay charges as a percentage or proportion of any award or settlement.
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