PERSONAL INJURY CLAIMS*

Quinn Solicitors have extensive experience in dealing with personal injury claims. There are various types of personal injury claims from accidents in work*, medical negligence*, car accidents* and slips, trips and falls*. We provide clear, concise and unbiased advice for our clients and we promise to do everything to ensure a successful outcome to your case.

GUIDE TO MAKING A CLAIM*

If you have a valid claim for compensation, an application can be made to the The Personal Injuries Assessment Board (PIAB) now known as Injuries Board – a Statutory Body set up pursuant to the Personal Injuries Assessment Board Act of 2003 (as amended). 
Your Solicitor will take instructions from you concerning all aspects of the case and make all necessary enquiries concerning the correct legal identity of the Defendant which is one of the most important aspects of a legal process.

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TYPES OF CLAIM*

ACCIDENTS AT WORK*

If you are unfortunate enough to have an accident at work and have been injured as a result of this accident you maybe entitled to claim compensation for your injuries, provided the accident at work was not your fault. The employer is under a strict legal duty to provide you with a safe place of work, a safe system of work and co-employees who are correctly trained in their field of employment. The employer is also under a duty to provide proper equipment with which to perform the tasks assigned. In addition, there are also strict obligations on employers under the Health and Safety legislation and other legislation in this area.

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SLIP, TRIP AND FALL INJURIES*

Slips, trips and falls and accidents of this nature may occur anywhere – on public footpaths, in supermarkets and shopping centres or on other people’s property. Examples of such accidents are slipping on water or other forms of liquid in a supermarket or shopping centre or tripping on a defective stairs, and tripping over a crack in a footpath that was not laid or repaired properly.

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MEDICAL NEGLIGENCE CLAIMS*

In general, medical treatment in Ireland is of an extremely high quality. Nevertheless, mistakes can occur due to bad administration, an oversight on the part of a doctor, a mistake during an operation, a failure to diagnose or misdiagnosis of an injury or illness.

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ROAD TRAFFIC ACCIDENTS*

If you have suffered a personal injury as a result of a road accident in which you were a driver, passenger, cyclist or pedestrian, you may have a claim for compensation. If you have suffered damage to your car from an uninsured driver or been the victim of a hit and run, you may be entitled to compensation for you losses or injuries.

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TYPES OF INJURY*

BOOK OF QUANTUM*

The Book of Quantum is a lists specific types of injury such as back pain, neck pain, fractured arm, fractured leg, etc and in respect of each specific injury gives an indication of the level of compensation that is likely to be awarded in respect of that particular injury.

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NECK INJURIES

Neck injury is a common result of accidents, particularly road traffic accidents.

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HAND/ARM INJURIES

The most common cause of hand and arm injuries is accidents at work through the operation of machinery.

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BACK INJURIES

The common causes for back injury are lifting excessively heavy objects or lifting heavy objects without proper training.

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HEAD INJURIES

Any injuries to the head should be viewed seriously and medical advice should be sought immediately as damage may not be apparent straight away.

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WHIPLASH

Whiplash is a non-medical term describing a range of injuries to the neck or upper back caused by or related to a sudden distortion of the neck or upper back associated with extension.

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FREQUENTLY ASKED QUESTIONS

In order to win your case, you must establish that the accident happened through somebody else’s fault or negligence. In most cases it will be clear from the outset whether you will succeed and be compensated for your injury. However, if we think that you do not have a case then we will inform you immediately as it is not in your interest to pursue a claim where the chances of success are not very high.

In most cases straight forward claims are settled within months. However, this is dependent upon the nature of the case and severity of the injuries and complicated cases with serious injuries may take considerably longer. It is not in your interest to settle a case too early as to do so precludes you from further compensation if your injury proves to be long standing in nature.

The amount of compensation you receive will depend upon the nature and severity of your injuries and how your lifestyle has been affected. You will be compensated for pain and suffering caused to you as a result of the accident and also for any financial loss such as medical expenses, loss of earnings and travelling expenses etc. The value of your case will be assessed by us as soon as possible and will be discussed in detail with you.

In most cases where proceedings have issued and you are successful in your claim, the insurance company/defendant is liable for most, if not all of your legal costs. Quinn Solicitors are conscious of the difficulties that may arise after suffering personal injuries* and will endeavor to ease these difficulties in every way possible. If you require physiotherapy or other therapy services as a result of your accident, we can arrange to have these services provided. (Please refer to our legal costs page for further information).

If you have been injured in an accident through someone else’s fault contact us immediately by phone or by email and we will call you back within one working day. There are strict time limits which mean you only have two years to commence legal proceedings from the date of accident. There are some exceptions to this rule, for example, if you are under 18 then that period does not commence until your eighteenth birthday. We would strongly advise that proceedings be started as soon as possible as delays can cause difficulties later on.

Reputable solicitor firms will always consider settlement of a case before the matter proceeds to a court hearing and in many cases settlement negotiations are successful. Many clients are understandably anxious about going to court and Quinn Solicitors will always explore every opportunity to see if the case can be settled before going to court.

However, if a court appearance is necessary, you will be fully briefed by us and a Barrister will be retained on your behalf to represent and protect your interests in court.

In order to prepare and evaluate your case, it is necessary for us to obtain a medical report detailing your injuries, the treatment afforded to you and the prognosis for the future. In order to prepare this report it is usually necessary to attend one of our Specialists or your own Doctor. The medical appointment will be arranged by us in consultation with you to ensure that you are not inconvenienced.

Some insurance companies put pressure on people to settle directly with them without the benefit of legal advice and on some occasions without a medical examination. In addition, some insurance companies insist that you sign a document waiving your entitlement to legal advice before you get paid.

Where this happens it may be possible to reopen your claim against the insurance company on the basis that you did not have legal advice and you did not have the benefit of a medical examination. In addition, it is often the case that undue pressure is brought to bear by the insurance company to accept the offer immediately.

It is possible for you to claim for an injury that happened abroad even if the accident happened on a boat or an aeroplane.

DO I HAVE AN INJURY CLAIM?*

In order to successfully claim compensation from another party you must be able to establish the following:

  • That the accident was caused by someone else’s negligence or fault and/or partial negligence or fault and …
  • that you sustained injuries as a result of that accident and …
  • that the injuries are attributable to the accident.

It is very often the case that an accident is not caused solely by one party’s fault and there may be a number of parties that are responsible for the accident. Where this happens and a court finds a number of persons responsible for the accident, an apportionment of liability will be made between the respective parties.

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WHAT ARE THE TIME LIMITS FOR INJURY CLAIMS?

Where you have been injured in an accident through someone else’s fault, it is important that you act promptly as there are strict time limits within which it is possible to commence the legal process.

Generally speaking, the time limit to issue legal proceedings is two years from the date that you know you are injured as a result of an accident. As a general rule, usually, this is two years from the date that the accident occurs. However, there are some exceptions to this rule, for example, if you are under 18 then the two year period does not commence until your 18th birthday.

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ENQUIRY FORM

Just send us a message and we will be back to you within one working day. All enquiries will be treated with the utmost confidentiality and will not be disclosed to anyone.

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