Personal Injury Solicitors

Have you suffered personal injury after being involved in a motor accident, a work-related mishap or an accident in a public place?

You may have been the victim of medical negligence. Are you suffering a physical or psychological injury? Do you find yourself having to spend money on medical or other bills? Are you suffering a loss of income due to an accident? If so, you may be entitled to compensation for personal injury*, loss of earnings, damage to property or vehicles, medical expenses and any other loss resulting from an accident.

We have a proven track record in achieving optimal results for our accident and personal injury clients. We can help whether through negotiating a settlement, through the Personal Injuries Assessment Board (PIAB) or through court.

It is always advisable to seek our advice promptly. There is usually a limitation period within which legal claims for personal injury can be made. Even if you do not intend to make a claim it is still in your interest to have the facts recorded, to consult and be advised. Memory fades and stories and circumstances can change.

Having acted as personal injury solicitors for claimants, defendants and insurance companies for more than 25 years we know both sides of the fence. Home or hospital visits are available for clients with serious injuries and first consultations are free.

We provide guidance in relation to:

If, as a driver, passenger, motor cyclist, pedal cyclist, pedestrian, bystander or otherwise you are involved in a road traffic accident you may be entitled to make a compensation claim. As well as compensation for your injuries*, you may also be able to claim for medical bills, loss of earnings, car damage and other out of pocket expenses.

The amount of compensation to which you may be entitled will be determined by who, or to what extent the other party was at fault. In many personal injury cases this may be obvious. In others it may not or varying accounts may be given. In such cases it could be critical to secure witness statements, have an engineer inspect the scene and/or vehicles or ensure evidence is preserved. We would advise you to contact us for early legal advice.

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Should you have the misfortune to be involved in a Hit and Run accident or an accident involving an uninsured driver, you can make a personal injury claim to the Motor Insurers’ Bureau of Ireland (“MIBI”). The main role of the MIBI is to compensate innocent victims of accidents caused by uninsured and unidentified vehicles.

As well as claiming compensation for your injuries*, you may also be able to claim for medical bills, loss of earnings and other out of pocket expenses. We provide specialist experience and expertise in accident and personal injury claims arising from Hit and Runs or involving uninsured drivers.

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Employers are obliged by law to provide a safe place of work and a safe system of work. They must ensure employees are correctly trained and that proper health and safety procedures are followed. This includes making sure equipment and machinery is well maintained and fit for purpose and that work areas are safe and free from danger.

If the standards are not met you may be entitled to compensation. Contact us today to talk to one of our personal injury solicitors about your case.

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Injury can result from accidents in public places (e.g. footpaths, playgrounds, parks, shops, hotels, bars or restaurants). Usually these are as a result of a slip on a wet floor, a trip on an uneven surface, having something fall on you or being attacked by an animal.

As well as claiming compensation for your injuries*, you may also be able to claim for medical bills, loss of earnings and other out of pocket expenses.

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Patients are entitled to expect their medical treatment will meet the standard of care recognised as acceptable and appropriate by reasonably prudent health care providers. When this does not happen, and injury or loss occurs as a result, the patient may have a medical negligence case.

While the object of medical negligence claims is to obtain compensation for injuries and recover expenses (including future expenses), in most cases the patient will also be anxious to get an explanation for what happened and hold the doctor or hospital accountable for their actions

We understand medical malpractice cases are difficult and traumatic both for the patient and for his or her family. We endeavour to make the process run as smoothly as possible. This can include visiting you at your home or place of care and taking any other steps necessary to make the progression of the case easier.

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When a person dies as a result of the wrongful act of a third party an action for damages can be taken against that third party*. The action may be brought by the next of kin or legal personal representative of the deceased. Compensation can be claimed by dependents for loss of income (current and future). It can also be claimed for mental distress as well as funeral expenses, medical bills and other out of pocket expenses.

We approach these cases sensitively and will guide you through in as stress-free manner as possible.

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Persons under 18 years of age have the same rights as adults to bring claims. One of the major procedural differences is that such claims must be brought by a “next friend”. This is usually one of the parents. Settlements require Court approval and compensation awarded to a person under 18 years of age is lodged in Court until it is paid to the minor together with interest when he or she reaches 18. In appropriate cases usually for medical, educational or other welfare reasons the Court will allow earlier part or full payment out.

While the general limitation period in which to bring claims is 2 years this is extended in the case of children where in most cases the time does not begin to run until the person reaches 18 years of age.

Since the establishment of the Injuries Board most personal injury claims* must be first submitted to the Board before they can be taken to court. We complete and submit the application on your behalf. Provided it is satisfied the form has been properly completed and the accompanying documents are in order the Board will notify the other party (“respondent”), and his or her insurer of the claim. As part of the notification, the Board will ask if they are prepared to allow it to assess the claim.

The respondent (or his or her insurer) is given 90 days to reply. If the respondent rejects assessment an authorisation permitting the claimant to institute court proceedings will issue. Such authorisation will also issue in certain specified cases (e.g. medical negligence or where the Board feels the claim is likely to be too complex for it to handle).

Several factors are taken into account in the assessment of damages. These include medical reports provided on behalf of the claimant and receipts and bills furnished by the claimant. For this reason, it is vital you are fully happy with any report submitted on your behalf and it is also important that any receipts or bills will withstand the Board’s scrutiny. Before coming to a decision, the Board will almost invariably have claimants examined by a doctor from its independent medical expert panel. When all the evidence has been collated and considered the Board will make a formal Assessment. The Injuries Board estimator is a good general guide as to levels of compensation awarded by the Board.

If both parties accept an ‘Order to Pay’ will be made. This has the same standing as a Court Order.

If either party rejects the Assessment then the Injuries Board will issue an Authorisation permitting the claimant to institute court proceedings.

The general rule is the Board must deal with a claim within 9 months from the date the respondent consents. This period may be extended by a further 6 months.

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Accidents while on holiday in Ireland can be claimed for under Irish law. Accidents on package holidays abroad may also be claimed for under Irish law since the introduction of the Package Holidays and Travel Trade Act, 1995.

The foreign holiday must be part of a package (i.e. two parts of your holiday, such as hotel and flight, were booked together). In law, tour operators have a duty to look after their customers and to keep them safe and free from illness or injury.

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The Garda Compensation Scheme is for members of An Garda Siochana and provides compensation to:

  • Members of An Garda Siochana who suffer personal injuries* (that do not result in death) maliciously inflicted as a result of their membership of An Garda Siochana (the member can be on or off duty)
  • Dependants, or partial dependants, of a member who has died from injuries maliciously inflicted as a result of membership of An Garda Siochana.

The process is started by completing Form 2. Under the Garda Siochana Act, 1941 applications must be submitted within 3 months of the date of the injury on duty. In certain cases the Minister has discretion to allow an application to be processed outside of the three month time limit.

A medical report detailing the member’s injuries and condition must be obtained and submitted on his or her behalf. Once a final prognosis is furnished he or she will then be referred to the Chief Medical Officer for review. The Chief Medical Officer then issues a report to the Minister. The Minister will issue a certificate of Authorisation which authorises the applicant to commence proceedings if satisfied the member sustained an injury that is not minor in nature, while on duty and that it was maliciously inflicted. The measure of compensation will be decided by the High Court taking into account awards in cases of a similar nature.

The Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers* is administered by the Criminal Injuries Compensation Tribunal.

Prison officers who are the victims of an assault suffered in the course of their duties may be awarded compensation for pain and suffering. Compensation can also be recovered for vouched out of pocket expenses, including loss of earnings incurred by the victim or, if the victim has died as a result of the incident, by the dependents of the victim.

The incident in which the injury was caused must have been reported to the Gardaí without delay. There is generally a three month time limit in which to lodge an application. In certain instances this can be extended.

Do I Have A Claim?
Very often the position is clear from the outset. In other cases, further investigation is required. Once we have gone through your case in detail we will give you considered advice as to whether we think you have a claim.

How Long Will The Case Take?
This varies from case to case. The main factor is usually how long it takes to make a full medical recovery or for a final prognosis to become clear. While we work towards as early finalisation as possible we do not believe our clients should sell themselves short by settling too soon. The general rule in injury cases is that settling within 12 months is too early.

What Are The Time Limits?
In most cases, personal injury claims must be brought within two years of the accident. Exceptions include children’s cases.

What Is My Case Worth?
This will depend on the extent of the injuries suffered and how long it takes to recover. It will also depend on the expenses incurred. The Injuries Board estimator is a good general guide. For the best result, you will still need legal advice

Will I Have To Go To Court?
Probably not. The vast majority of cases settle out of court

What About Costs?
You are responsible for your legal costs. If you lose, you will most likely be made liable for the other side’s costs. While there can be no guarantees, because of the care we take to advise whether we think you have a case or not, this rarely arises. As to your legal costs, if the case goes to court and you win, you will usually get an order that the other side pays most or all of your costs.

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

Get in Touch

+353 1 677 3434

+353 1 677 3445

info@thomasbarry.ie
11 St. Stephen’s Green, Dublin 2

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Since 1991, Thomas Barry & Company Solicitors, Dublin have continued to expand and develop our legal services. We will use our experience and expertise to provide advice, guidance and legal representation in relation to your legal issues. We can provide both commercial and private clients with a tailored and effective service to help them reach a successful conclusion.

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