Get Advice - Personal Injury *


Sample Personal Injury Accident
John was traveling on the M50 when a car struck him from behind. The car that hit John’s car was stolen and the car sped off.

John sustained injuries to his neck and back and his car was damaged to the value of 4000euro. John was taken by ambulance to hospital and he was told that he would not be able to work for about 4 months. His employer did not pay John while he was out of work and therefore John claimed social welfare and disability benefit while he was recovering from his injuries.


Advice

Facts

From your instructions you were driving on the M50 on the 26th July 2007 when an unknown car crashed into the back of your vehicle. You did not see get a clear view of the car and it sped off before anyone could take the number plate. The Gardai were called and you were taken to Blanchardstown A&E Department by Ambulance. You said that there were a number of witnesses and you said that 3 passing motorists stopped to assist you.

Injuries

As a result of the accident you received injuries to your neck and back. I note that you are still attending a physiotherapist to help alleviate the pain.

Expenses

I note that you have loss of earnings equal to 8 weeks pay minus monies received from social welfare and disability benefit.

You have incurred medical expenses from Blanchardstown Hospital, your G.P and Physiotherapist. You have car repairs and car rental expenses also.
Opinion

I believe that you have a very strong case for compensation. You were involved in a car accident that was in no way any fault of your own.

As it is not possible to identify the driver of the car that crashed into you, the proper defendant in your case is the Motor Insurance Bureau of Ireland (MIBI). MIBI exists to serve society by compensating genuine victims of uninsured and untraced driving in Ireland.

Under recent legislation, The Personal Injury Assessment Board Act, 2003, all Personal Injury Claims must be submitted to The Personal Injuries Assessment Board (PIAB). PIAB is an independent statutory body which assesses the amount of compensation due to a person who has suffered a personal injury. If the defendant rejects an Assessment or you are not happy with the Assessment you will obtain an Authority from PIAB to take your case to the courts.

Depending on the seriousness of your Injuries we will access if your case is within the Circuit Court or the High Court Jurisdiction. Cases worth between 6,000 and 32,000euro are in the jurisdiction of the Circuit Court. Any case worth over 32,000euro is within the Jurisdiction of the High Court. We will not be able to ascertain the award you should receive until we have sight of medical reports and reports from your physiotherapist.

I believe that all your expenses, including your loss of earning are recoverable and will be included in your claim for compensation.

Conclusion

If you would like to continue with your case please fill in the attached confirmation slip and we can get you case up and running. It must be remembered that there is a time limit under which to submit an application to PIAB. Once an application is submitted to PIAB and the defendant is willing to agree to an Assessment, the PIAB undertake to make an Assessment within 90 days.


I would like to thank you for instructing this firm and I very much look forward to hearing from you.

Back to Top


The Importance of Accurate Details
McFadden (Plaintiff) v. Bray Urban District Council and Others (Defendants), High Court – Mr. Justice Herbert. Case No. 4890P of 2002

The plaintiff gave evidence that she was caused to trip and fall on the public footpath at Killarney Road, Bray Co. Wicklow and sustained injury to her left leg as a result. There was a serious dispute as to the location of the accident and precisely what caused the plaintiff to trip and fall. Mr. Justice Herbert dismissed the claim, holding that the plantiff had no reliable recollection of exactly where the relevant fall occurred. Furthermore, the plaintiff had no reliable recollection of what caused her to trip and fall on that occasion. Consequently, the claimant failed to discharge the onus of proving her case on the balance of probabilities and therefore her claim failed.

This case demonstrates the importance of giving precise information that is as exact as possible. As in the above case, any potential claim is dependant on precise accurate information. Therefore when you are submitting an Application for our online advice service please be as detailed and specific as possible.

Back to Top


Foreseeable Future Injuries
Personal Injury – Foreseeable Future Injuries

O’Neill v Kenny, High Court 24th October 2003

The plaintiff suffered a low back injury as a result of a collision between her vehicle and a vehicle being driven by the defendant. As a result of her injuries, the plaintiff was unable to assist her husband on the family farm, she experienced difficulties carrying out household chores, and she was unable to return to her job.

Mr Justice Peart awarded the plaintiff a sum of EUR 393,044 by way of compensation, holding that it was likely that the plaintiff would not gain any full time or even part time work of any permanence. Furthermore the plaintiff's injuries would continue to cause her difficulty for the foreseeable future and, accordingly, she was entitled to an award of damages for past and future pain and suffering, loss of earnings and loss of pension.

This case demonstrates the range of compensation available to a person who unfortunately has been the victim of a personal injury. It is very important when completing the online advice application form that accurate details are stated as to the losses associated with your injury, otherwise they may not be recoverable from the court.

Back to Top


Fraudulent Claims
Ahern v Bus Eireann, High Court, 16th May 2006

The defendant alleged that the plaintiffs claim for damages for personal injury as to the necessity for continuing care was fraudulent , pursuant to section 26 of the Civil Liability and Courts Act 2004. The defendant alleged that the elderly plaintiff did not require the assistance of a carer and had provided false and misleading evidence.

Mr Justice Feeney awarded a sum of EUR 40,000 to the plaintiff. It was held that the plaintiff had not knowingly given false or misleading evidence and the contention as to her increased need for care or minding had not been exaggerated.

This case shows the importance of not embellishing or exaggerating your injuries in the hope of receiving additional compensation. It is very important to be truthful as any indication that an untruth is being told could lead to the demise of any potential case.

Back to Top


Time Limits To Bring Your Case
The statute of limitations is designed to protect people against stale claims to avoid the injustices that may occur to them when they are asked to defend themselves from claims which are not notified to them within a reasonable time.

The limitation period varies according to the type of action involved. An example of certain limitation periods are as follows;

Personal Injury Actions – 2 Years
Breach of Contract – 6 Years
Liability for Defective Products – 3 Years

However these limitation periods are subject to certain exceptions where fraud has been committed, where a mistake has occurred or where the plaintiff might be under a disability.

If you avail of our advice on line service we will be able to calculate whether you are within the statutory limitation period and you will be informed of this with our initial advices.

Back to Top


Awards of Damages
In personal injury cases damages are awarded under various headings to ensure that fair compensation is being awarded to the plaintiff.

The Supreme Court, in Reddy v Bates [1984] ILRM 197 held that damages must be calculated under the various headings and then ascertained to determine whether the total award represents fair compensation. The headings are as follows;

1. General Damages

This covers all non-pecuniary loss such as general pain and suffering, psychiatric illness, fear anxiety, depression, embarrassment and lack of enjoyment in life. This figure is usually divided into two figures, one for past pain and suffering and one for future pain and suffering.

2. Special Damages

Special damages are awarded for the loss suffered and expense incurred by a plaintiff as a result of the defendant’s wrong doing. These damages include compensation for loss of earnings, hospital and medical expenses and any other expenses incurred as a consequence of the personal injury.

Therefore when submitting an application for our advice on line service it is essential that you include as much detailed information as possible so that we can give accurate advice relevant to your case. To submit an application please click here.

Back to Top

Testimonial

"We are delighted with Hamilton Turner - their advice was timely and very useful

We would strongly recommend Hamilton Turner and will always use their services"

Magico Software