Personal Injury Solicitors

Personal Injury Solicitors
If you suffer an injury which was caused by somebody else, you may be entitled to compensation from that person or their insurers. O’Donnell McKenna Solicitors are highly experienced in personal injury litigation and we take cases in each of above areas.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to assist you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

Accidents at Work

If you need to make a work accident claim in Ireland, please complete your work’s accident claim form.

An employer in Ireland has a particular duty towards his employee and is, by law, obliged to provide a safe place of work, a safe system of work and employees are supposed to be correctly trained. In the real world, however, work places can sometimes be unsatisfactory, but this in itself may not be sufficient for someone to succeed in a claim against one’s employer. Certain judges may take the view that an employer is only supposed to do what is reasonable in the circumstances in providing employment.

To aid you, we have put together a checklist of what to do if you have an accident at work which you can download.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

Accidents in Public and Private Places

Property owners, whether they are private individuals, companies or local authorities have a duty of care to keep their properties in a reasonable and safe condition and most

owners carry insurance against such accidents on their properties.

Accidents in a public place include all privately and publicly owned places such as restaurants, pubs, shopping centres, parks, nightclubs, train stations, airports, gym, footpaths and so on. Basically, any place where the public is expected to visit. If your accident was as the result of a slip, trip or fall in the public area which is owned by a local council you can bring a claim against this local authority. It is the duty of the local council, or building owner, to provide a safe environment for the users of the public place. This is known as public liability.

If you have been injured in an accident in a public area, keep a record of the event; take photographs, names and home addresses of witnesses; keep evidence of doctors’ visits related to the incident and keep receipts for any injury related expenses as this will be needed to prove liability.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

Children involved in Accidents

Irrespective of whether a claim for child’s accident in Ireland is processed by the Injuries Board or has to go through the court system, a parent or guardian has to represent the child acting as their “next friend”. As you would be involved with your child’s claim even if this were not the law, this is no particular hardship. Most parents in this modern age find it more inconvenient that applications to the Injuries Board have to be made through the post rather than online, but this is a task which should be left to your solicitor in any case.

There are two other significant differences when making claims for child accidents in Ireland. Firstly, children have two years from their 18th birthday in which to make a child accident’s claim, rather than the two years from the “date of knowledge” allowed to their parents. Although this means that children can wait until they reach the age of majority before making a claim, it is often not in their best interests to do so – especially as any award of compensation is held in an interest bearing account by the court until they reach the age of 18.

Secondly, all settlements for child accidents claims – whether assessed by the Injuries Board, litigated in court or settled by negotiation – have to be approved by a judge before payment can be made. As mentioned above, the judge may decide that some or all of the settlement has to be paid into court – this is for the protection of the child, but can be appealed against or a certain amount of funds can be withdrawn to assist with medical and educational costs.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

Defective Product Injuries

Defective product personal injury compensation claims encompass a wide range of issues including defective manufacture; design and marketing of consumer products; pharmaceuticals; bio-mechanical devices and any other manufactured or packaged articles. Liability for negligence depends on the common law, on national and local legislation and on EU directives which now dominate this area of law.

A defective product case is usually a claim for personal injury compensation with the damages award being dependent on the extent of the injury, the recovery period and the presence of any residual disability.

Irish law

Irish law relating to product liability is now, in the main, harmonious with EC law which aims to unify defective product legislation across the entire European Union. Irish law on consumer protection which was previously based on the law of negligence has effectively become subservient to EU directives including the Liability for Defective Products Act 1991 which was enacted to comply with the EC Directive on Product Liability 85/374/EEC.

To assist you we have compiled a list of defective product injuries categories, although this is not exhaustive.  In general terms, a product may be deemed to be unsafe if that product causes loss or damage and thereby is actionable by a personal injury solicitor.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

 

Institutional Abuse

Victims of institutional abuse are protected both by criminal law and civil law and victims have the right to seek compensation through the courts for the injuries and the loss they have suffered.

Compensation is usually awarded by the Irish Courts under the following headings:

  • injuries you have received
  • your medical costs
  • any loss of earnings which you may have occurred
  • other costs.

If you have been the victim of sexual abuse, physical abuse, emotional abuse or neglect, O’Donnell McKenna Solicitors can help you.

Please enquire, in the strictest confidence, to discuss your rights and options with one of our solicitors.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

Road Traffic Accidents

If you were involved in an accident within the last two years and suffered an injury you may be entitled to make a claim for compensation.

By law all drivers must have at a minimum third party insurance cover. Therefore if a driver causes an accident, his/her insurers will cover the accident and any injury to a third party i.e. pedestrians, cyclists, other drivers, passengers. If the other driver in an accident is uninsured, or leaves the scene of an accident, your claim can still be taken and is likely to be covered by the Motor Insurers Bureau of Ireland which was established to specifically cover such road traffic accidents.

What to do after a road traffic accident:

  • report the accident to the Gardai
  • take details from the other driver including name, insurance, and car registration number
  • take details from any witnesses
  • don’t admit liability.

Often it is a condition of an insurance policy not to admit liability following an accident and it is therefore not wise to admit liability in case your policy is invalidated.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

 

Slips, Trips or Falls

Slips, trips and falls in public places happen all the time and leave many people with injuries. Uneven footpaths, broken paving slabs and wet or slippery floors in shops and offices can all cause slips, trips and falls, and can cause serious harm.

However, those responsible for public areas have a duty of care to protect people from injury. Employers have to follow health and safety guidelines to prevent accidents, including tripping over wires or slipping on spills. The same applies to councils, restaurant owners, office managers, and shop owners.

Therefore if you have suffered a trip, slip or fall injury, and another party is responsible for your accident, you could be entitled to make a claim.

Shopkeepers and organisations responsible for public spaces have a duty to make sure their land and buildings are safe for visitors and don’t accidents.

If you are injured in such an accident, serious questions must be raised about whether or not a breach of duty has occurred. This might include if a local authority has neglected to repair a defective footpath; a supermarket has failed to clear up a spillage; or a bar, pub or night club has not provided a safe environment. If the negligence of an individual or establishment is to blame for your slip, trip or fall, you will be eligible to make a personal injury compensation claim.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s advisable to seek expert legal advice as soon as you think you

may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

Whiplash

Whiplash is an injury caused by a severe jerk to the head, usually as a result of a car accident. The most common type of car accident is the rear impact, and most typically, the occupant in the vehicle that gets “rear-ended” (hit from behind) is at the greatest risk of injury, including whiplash.

Can I make a claim for whiplash?

Yes, providing that your whiplash injuries were sustained in an accident which was not entirely your fault, and that accident must have been caused by third party negligence. Negligence means that there was a failure in a duty of care. In the case of road traffic accidents, this means a failure in a duty of care to you as a road user. Negligence can be failing to look before pulling out from a junction; speeding; using a mobile phone while driving, or driving under the influence of alcohol.

Getting proof for your claim

As an experienced whiplash compensation solicitor, we can arrange for you to be examined by whiplash injury medical specialists, who will provide evidence of your injuries to help substantiate your claim. The defence may also request an independent medical examination to confirm the seriousness of your injuries, or may even attempt to use this assessment to discredit your claim.

If you have been injured and suffered a whiplash injury as a result of an accident then you may be entitled to compensation.

There is a 2 year time limit to making a personal injury compensation claim from the date of the accident, so it’s

advisable to seek expert legal advice as soon as you think you may have a valid claim for compensation. It’s often easier to investigate your accident claim if you begin proceedings quickly.

If you would like us to help you, or if you would simply like to have a chat to discuss your options about any of the above, please don’t hesitate to contact us.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.