PERSONAL INJURY CLAIMS
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.
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.
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.
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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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.
The common causes for back injury are lifting excessively heavy objects or lifting heavy objects without proper training.
Any injuries to the head should be viewed seriously and medical advice should be sought immediately as damage may not be apparent straight away.
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.
FREQUENTLY ASKED QUESTIONS
Do I Have a Claim?
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.
How Long Will My Claim Take?
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.
How Much Compensation Will I Receive?
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.
How Much Will My Claim Cost Me?
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).
What Do I Need To Do Now?
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.
Do I Have To Go To Court?
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.
Do I Have To Attend A Medical Examination?
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.
If I Have Settled Directly With The Insurance Company Can I Change My Mind?
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.
Can I Claim For Injuries Sustained Abroad?
It is possible for you to claim for an injury that happened abroad even if the accident happened on a boat or an aeroplane.
The most important step...
The most important step is to see if you have a claim contact Quinn Solicitors for an assessment on 01-6266477 or email or fill out our quick enquiry form below.
Found Quinn to be extremely helpful, and honest and laid out my case from the get go. It was a personal injury claim which we ended up settling very quickly. I could not speak more highly of them.
Excellent and fast, super helpful, thank you very much!
Friendly Staff Helpful People. Assisting People in hard times.
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.
What are the Legal Time Limits?
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.
LEGAL COSTS FOR INJURY CLAIMS
he issue of legal costs is a concern to most people, usually because of a lack of understanding of the legal process. At the outset, it is important to understand that where a person is successful in bringing proceedings for personal injuries, most of the costs are borne by the other side i.e. the losing party.
Quinn Solicitors is an established firm of Solicitors based in Ballyfermot, Dublin 10. A large proportion of our work is personal injuries litigation. The firm was established in 1998.
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