Accident and Injury Claim

Accident & Injury Claim:

If you have suffered a physical or psychological injury within the last two years occurring from work, a road traffic accident or any public place where appropriate safeguards have not been complied with, you may have reason for a personal injury claim.

At Cahir & Company Solicitors we are committed to focusing on your needs and guiding you through the claims process following an injury in any unfortunate circumstances.

We understand that every personal injury case is different and we will advise you on such matters as; the expected timeframe for claims, legal costs and rights in accordance with the personal injuries assessment book of quantum.

Our litigation department advise clients in areas such as:

Accidents Abroad

You may be able to make a personal injury claim in Ireland even if you have had an accident abroad.

Recent European legislation allows for Irish-resident victims of road traffic accidents to sue in Ireland, even if the accident took place and person responsible lives in another member state of the European Union.

This is in addition to the normal jurisdiction the Irish courts have over accidents that take place in Ireland, or accidents abroad where the person who may have been responsible for the accident (the defendant) is an Irish resident.

Back Injury at Work Claims

If you have suffered a back injury that was caused by the negligence or fault of another person or organisation, you may be eligible and entitled to enter into an injury case. This commonly applies to people who have been injured at work because their employer has failed to adhere to a health and safety regulation.

Personal Injuries very often arise from manual handling and lifting in the workplace. There are strict rules in place regarding manual handling to ensure employees are protected from injury and harm. If these regulations are not enforced and a member of staff suffers a back injury, their employer may be held directly responsible. This is because he or she may have neglected to meet their legal duty of care, in turn causing an employee physical harm.

Anyone who has sustained a back injury because of another party’s negligence will be eligible to pursue a personal injury claim. If successful, you will receive support to aid in finding ongoing medical expenses, rehabilitation services and manage financially in the absence of a salary.

Cycling Accident Claims

Cycling accidents occur frequently on our roads with collisions occurring between motorists, pedestrians and other cyclists. In 2016, 10 people were killed while cycling on Irish roads.

The most common types of cycling accidents occur when motorists:

• Make a right in front of a bicycle coming towards it
• Collide with a bicycle when changing lanes or overtaking often resulting in ‘side-swiping’
• Car doors are opened in front of cyclists as they approach
• Drivers hit cyclists when turning left where the cyclist is on the inside

The most common types of injuries to occur to cyclists range from head injuries, whiplash, collarbone and arm/leg injuries. Some cycling accidents have resulted in fatalities.

The following is a short guide of the steps you should follow if you have suffered from a personal injury from a cycling accident at the expense of someone else.

1.  Get Medical Attention

You should immediately seek medical attention by going to your GP or the Accident and Emergency department of your nearest hospital-,depending on the severity of the accident.– each are also able to diagnose your injury properly and as well as ensuring you get the correct treatment, it will help provide documented medical evidence of the injuries you have suffered. Your health must be your first focus, so attend your medical practitioner first.

2. Record the details of the liable party

In any road traffic accident scenario, you should record (where you can) the registration number of the vehicle, the other party’s name and address and the insurance details of the driver.

*The liable party is the person(s) or entity which is responsible for the injury or damage. Even if you are not certain as to who is at fault for the accident, do not discuss liability yourself and seek expert advice.

3. Record the names of witnesses and take photographs of the scene

It is important to gather any and all information* you can as this may assist you with your injury claim later on and may even help support your injury claim process. Much of this information can become evidence in your case.

*In the case of hit-and-run cycling accidents or any circumstance where the other party leaves the scene early, you may still be able to make an injury claim, provided there is evidence of some sort that the cycle accident did happen and that injuries were incurred. Claims cases can also be taken against the Motor Insurance Bureau of Ireland if the offending party was driving without insurance.

4. Report the accident to the Gardaí

This is an important step to take if you are injured in a road traffic cycling accident. In some cases the Gardaí may not attend to the scene right away but you should still report the incident to the local Garda station as soon as you are able to do so.

5. Finally, consult with an experienced injury claims solicitor

With over 40 years experience, Cahir & Company solicitors will be able to determine if you have a case and will be able to advise on how to proceed with a claim including bringing your case to the Injuries Board if applicable. We recommend not to settling your claim immediately with the other party’s insurance company, until you have sought independent legal advice and guidance from your own solicitor.

Dental Negligence Injury Claims

If you believe you have suffered from dental negligence, Cahir & Co., Solicitors will guide you through the process of investigating whether there was negligence on the part of your Dentist.

Dental malpractice can have a range of serious repercussions from physical and psychological damage to financial harm. Failing to be satisfied after a dental treatment you received is not enough to prove that your dentist was negligent. Like any personal injury claim, it must be proved that the dentist failed in his/her obligation to provide a duty of care. You must also be able to prove that your circumstances would not have occurred if another dentist had carried out the procedure. The court applies an objective test to determine this.

The statute of limitations for a dental negligence claim is two years, there are some exceptions to this in the case of children under 18 or in cases of a missed diagnosis. But the notice of claim and proceedings must be issued within 2 years.

What kind of injury claim can be made for dental malpractice/negligence?

Like any personal injury case, the size and value of the claim will vary with the circumstance. If your claim is successful you are generally entitled to:

• Damages for pain and suffering (both physical and psychological)

• Out of pocket expenses including loss of earnings

• Medical expenses including a refund of any monies already paid to the liable party and also any expenses incurred or likely to be incurred in addressing the damage caused to you.

Dental negligence can take a number of different forms to include:

• Delayed or incorrect diagnosis of gum disease or oral cancers
• Negligent root canal treatment
• Oral nerve damage
• Incorrect teeth extraction
• Improper administration of anaesthetics
• Poor orthodontic care
• Poor standard of restorative surgery including veneers

Fatal Injury Claims

Time Limit

According to the Civil Liability Act 1961 a dependant cannot bring a fatal injury claim within the first six months after the death of a deceased person. The action must be taken by the Personal Representative of the deceased person; the executor or personal representative brings the claim on behalf of the dependants.

If the Personal Representative does not do so or if no Personal Representative is appointed, then after six months any or all of the dependants are entitled to bring the action. There is a limitation on the length of time a dependant has to bring a fatal injury case. Proceedings cannot be brought after the expiration of two years either from the date of the death of the deceased or the date of the knowledge of the person for whose benefit the action is brought, whichever is the latest. Any claim taken outside of this period would be statute barred which would mean that the dependants would not be able to pursue an action on a further injury claim. The 2 year time limit is very strict.

The Exception to the 2 Year Rule

There is one exception to this rule which is where a person was under a disability when that cause of action accrued to them. In such circumstances the time limit of two years will not begin until they cease to be under a disability or die whichever occurs first.

Injury Claim for Garda While on Duty

If you have sustained an injury during the course of your duties as a member of an Garda Siochana there is a process in place for filing an injury claim.

If for example you were assaulted during the course of your duties or if involved in a road traffic collision during the course of your duties you may be entitled to bring a claim under the Garda Siochana Compensation Acts.

Under the Garda Síochána Compensation Act the time to bring an injury claim for your injuries during the course of your duty is three months.

In the event of an accident arising during the course of your duties an Injuries Board application must be brought or Court proceedings if necessary within two years from the date of the accident.

Head Injury Claims

If you have sustained a head injury, you may need to consider if anyone is responsible for your accident. For example, did your employer fail to provide the appropriate health and safety regulations at your place of work, leading you to suffer a head injury? Or did another road user fail to display due care and attention, causing a road traffic accident in which you were involved? In both cases, another party will be at fault, as their negligent actions have caused you to suffer harm.

Anyone who has suffered a personal injury and specifically a head injury through the negligence of another person or organisation will be entitled to make a injury claim. This is especially important where head injuries are concerned as victims will undoubtedly require financial assistance while they get back on their feet.

Indeed, head injuries can be extremely serious, often resulting in cognitive difficulties and extreme pain. This will leave many unable to work and in need of medical attention. For some, these problems will continue in the long-term, as a head injury can lead to permanent damage. This will be devastating for the individual and their loved ones whose lives will have been irrevocably turned upside down. Not only will this cause terrible emotional trauma, it can produce financial difficulties, particularly if the injured person was the main income provider. Claiming for loss of earnings for your family may be crucial.

That is why it is crucial to pursue the head injury claim process, as this will give you the chance to obtain the support for the effects of your head injury which you rightfully deserve. This will recompense for the pain and suffering you and your loved ones have wrongfully endured, and will recover any finances you have lost because of your head injury. This will give you the peace of mind that your family will be provided for, and will guarantee that you can pay for the medical treatment and rehabilitation you require.

Medical Negligence Claims

Injuries resulting from Medical Negligence can lead to physical, emotional and personal trauma, as well as loss of earnings. To receive the support necessary to navigate the injury claims process, you should seek expert advice.

From the outset of considering whether you have viable Medical Negligence action, it is important to understand that there is a strict time limit in Medical Negligence cases of two years from the date that the negligence occurred or from the date upon which the plaintiff knew or should have been aware that the negligence occurred in his or her case.

Each Medical Negligence claim is very different, sometimes the negligence is very blatant, easy to prove and the case is straightforward. In those cases it may result in an early hearing date.

Most medical negligence claims can be prolonged due to the severe injuries sustained, taking up all medical records and engaging best in class consultants. Your attendance at a settlement meeting will have no effect on your case if the case does not settle at a meeting.  Like the majority of personal injury cases, most medical negligence cases settle prior to the hearing of the action but it is often necessary to proceed to the hearing before the High Court.

At an initial consultation with Cahir & Company Solicitors we will require all the detailed evidence surrounding your claim to prove that medical negligence occurred and that the practitioners conduct fell below the standard of care required. At this stage it is necessary to obtain each and every piece of vital information to include dates, symptoms and discussions with your medical practitioner. With this information we will compile a chronological sequence of events from start to finish. We will ask you to keep an ongoing note of how your injuries continue to affect you.

Children and Road Traffic Accidents Claims

If a child or indeed your child has been injured in a road traffic accident, public place or in a supermarket or has been injured through the negligence of another person you as the parent or guardian are entitled to seek advice as to whether you can make an injury claimon their behalf.

In Irish Law, no child can pursue an action without the case being pursued on their behalf by their parent or guardian. Once the injured child reaches the age of 18 years, they have two years within to make a personal injury claim themselves if their parent or guardian has not already done so but a delay in maintaining proceedings can lead to the case being dismissed so it is important to act promptly.

A parent or guardian who make an injury claim on behalf of an injured minor is referred to as their “next friend”. The “next friend” has to be independent. If a parent was a party to blame for the accident sustained by the child the parent cannot act as the litigation next friend. For example, if a mother was driving a car with her son as a passenger and collides with another vehicle in the rear causing injuries to her son, she would not be able to act as his litigation next friend when making a claim on his behalf. However, the child’s father, grand parent or other close relative could act instead.

Motor Bike Accident Claims

Ireland has the second worse record for fatal and serious motorbike accidents in Europe. The Road Safety Authority states in its annual “Road Collision Factbook” that “For a motorcyclist, the risk of dying in a traffic crash per vehicle kilometres travelled is about 21 times higher than that for a car occupant” and, as motorbikes do not offer riders and pillion passengers the same back and head injury protection as a car would in a similar collision, there is a greater risk of serious injury in any motorbike accident.

Injuries resulting from motor bike accidents tend to be far more serious than those from car accidents. If you have been involved in a motorcycle accident that was not your fault, then you may be entitled to make a claim in respect of the injuries sustained.

The following list sets out some of the matters which you should attend to in the event that you have a motorcycle accident with a injury claim:

• Immediately obtain details of the other drivers to the accident, their vehicles and their insurance details.

• Contact the Gardaí immediately and ask them to attend the scene of the accident.

• If there are any witnesses to the accident you should take the details of those witnesses.

• You should immediately seek medical attention and retain all records of doctors that you attend.

• Retain all receipts in respect of medical attendances and prescriptions and medication.

• Talk to your Solicitor, they will prepare your claim for lodging with the Injuries Board.

Road Traffic Accident Claims

While some road traffic accidents have contributing road or environmental factors, the majority are due to human error. According to Section 106 of the Road Traffic Act 1961, you are required to stop your car and remain at the scene of the accident for a reasonable time.

You should obtain the details of the other driver involved in the accident, such as; name, address, car registration number, motor insurance details, names and telephone numbers of any witnesses present at the scene- as these may be required if there is a question of liability.

If possible take photographs of the scene of the accident, before the cars are moved.

You should obtain the name or number of the Garda to whom the accident is reported. You may need to ensure that a Garda report has been filed for insurance purposes.

You should write down an account of all relevant facts connected to the accident as soon as possible afterwards. You should sign and date it (including the time) when it is completed.

You should also keep receipts from medical appointments, prescription and medications.

If you wish to claim where you are involved in an accident with an uninsured or unidentified car you should contact the Motor Insurer’s Bureau of Ireland (MIBI). It also deals with claims arising from foreign motoring in Ireland or Irish motorists abroad.

Slip and Fall (Supermarket) Claims

Supermarket accident claims are a very common type of public liability claim.
This is because of the number of potential hazards which can exist within a Supermarket and the public grounds surrounding it.
If you have been involved in a Supermarket accident which was not your fault and if you have suffered an injury as a result you may be entitled to an injury claim.
The most common form of supermarket claims are:

• Slips, trips and falls due to wet floors and spillages.

• Hazardous objects falling from Supermarket shelves causing injury.

• Defective Supermarket trollies which could cause injury.

• Accidents occurring in Supermarket carparks.

• Improperly positioned floor mats or boxes, pallets and other objects.

• Cracked or uneven pavement surfaces outside Supermarket.

• Food poisoning claims arising from products which are no longer safe to eat.

If you find yourself injured as a result of sub-standard supermarket health and safety codes you should immediately report the occurrence of the accident to the Manager on duty or if he/she is not available to the staff on duty at the time of the accident.
If possible you should take photographs of the area in which the accident occurred and the hazard which caused the accident.
You should take the contact details of the witnesses at the accident in order to contact them to aid you in your claim.
You should seek medical attention immediately and keep records and receipts of all attendances, prescriptions and medications.
Your Solicitor will establish the correct Defendant and write to the Supermarket requesting the CCTV footage of the accident.

Work Place Accidents (Slip, Trips or Falls

It is an Employers duty to provide a reasonably safe place of work and to keep his premises in such a condition so that it will not endanger the health or wellbeing of the employee.

It is not sufficient for the employer to show that the employee was aware of the danger on the premises. In addition, employees who work ‘off site’ may be faced with unsafe conditions for example, on the premises of a client/customer. The employer cannot be familiar with all the circumstances in this instance and therefore cannot be held responsible, however, in the event of an injury, the worker would be in a position to sue the owner of that premises and may well have a case against his or her employer. The duty to provide proper equipment and appliances extends to maintaining them in a proper condition so as not to subject employees to unnecessary risks. The duty under this heading covers two separate points:

1. Equipment supplied must be safe.
2. Equipment essential to the safety of the employee must be provided.