Below are answers to a list of frequently asked questions regarding personal injury claims*.
What Should I Do If I Have Been Involved In A Car Crash?
If you have been injured as a result of a road traffic accident or if your car or other property has been damaged due to the negligence of another driver, you may be able to claim against them for personal injuries and damage to your car and other property.
Call 074 91 29110 or 01 531 3494 to talk to our solcitors if you have been injured as a result of a car accident.
If you were driving you should notify your own insurance company immediately even if you do not believe you are at fault. Failure to notify them could result in a problem with insurance cover if the other driver takes a claim.
If the Gardaí were not called to the scene of the crash you should notify them without delay. At the scene it is best to exchange names, addresses, registration details and insurance details with the other driver and to take the names and addresses of any witnesses. This is particularly important if the Gardaí are not at the scene.
If you have a mobile phone with a camera, use it to take pictures of the cars and the scene.
Do not admit liability.
Considering A Claim* For Personal Injury / Damage To Property
Once you are in a position to do so, you should contact your solicitor to go through your options. It is always best to speak to a solicitor who will be able to advise you on whether you have valid claim for compensation.
If you are injured you may be able to make a claim through the Injuries Board. A Solicitor will be able to advise you as to whether any award make by The injuries Board is adequate compensation or not.
If not, you may be able to take court proceedings. Most of these cases where responsibility for the accident is admitted are settled out of court.
If there is a dispute as to who is at fault for the accident, your solicitor will investigate the circumstances and perhaps instruct a forensic engineer.
It is useful to keep a note of what happened and how your injuries progress and of any out of pocket expenses incurred by you as a result of an accident.
If you miss time off work or are unable to return to work as a result of an accident, your loss of earnings can be included in your claim*.
There are strict time limits for taking claims of this nature so it is important to speak to a solicitor as soon as possible to take advice.
What Should I Do If I Have Been Injured At Work?
Your employer has a duty of care to provide you with a safe place of work, proper equipment and training and properly trained colleagues. If you suffer an injury at work due to a breach of this duty by your employer, you may have a claim for compensation.
Your health is your most important consideration and if you have not already done so, you should see your doctor.
If the accident happened when your employer was not present, make sure that you notify the relevant person that an accident has happened.
If you are unable to work due to the injury and are not being paid, you may be entitled to social welfare and should make enquiries with The Department of Social Protection. You should contact your solicitor who will be able to advise you whether you may have a claim and what further investigation may be required. In many cases involving an accident at work, an expert engineer is required to review what happened and prepare a report.
There is a strict time limit for taking these claims so it is important to take legal advice as soon as possible.
My Insurance Company Is Saying I Am Not Insured?
When an accident or damage occurs and you believe that you are insured against this you should contact your insurance company or broker immediately.
This applies when there is a leak causing damage to your house and property, a fire, flooding or any other event which gives rise to a claim.
There is a duty on the policyholder to tell the insurer everything and to act in the utmost of good faith.
Our solicitor Jane Lanigan has 20 years experience in the area of insurance law
Sometimes insurance companies will, having reviewed a claim, advise the policyholder that they are not covered due to some breach of the insurance contract.
This is a complicated area of law. It is always worth taking advice from a solicitor with expertise in Insurance Law as there may be good arguments to make to convince the insurance company to confirm indemnity and/or insist on bring the matter to arbitration.
There are strict time limits so it is important to take a solicitors advise as soon as possible and in many cases following some negotiation the insurance company with reverse its decision.
I Am Not Happy With The Medical Treatment I Received, What Should I Do?
When we or a loved one are sick and need medical attention it is a difficult and worrying time. Sometimes, we can feel that the treatment or advice given to us was not appropriate and has caused more harm than good and in some cases was fatal. In some cases this can mean that the health service provider has been negligent but it is important to remember that just because a medical treatment did not work does not mean that it was the wrong treatment. Unfortunately, it is not always possible to correctly diagnose certain condition and in many situations there is no guaranteed cure.
However, we know that these situations are very upsetting for the sick person and their families. If you want to investigate whether the treatment you or your family received was appropriate, you should contact your Solicitor who will be able to instruct an independent medical expert to review the evidence and give an opinion as to whether there was negligence.
These cases can take a long time and are often very complex. There is a strict time limit involved so you should take legal advice as soon as you are aware that there may be a problem. Your solicitor will be able to explain the process to you and answer your questions.