Introduction: 

When you’re involved in a personal injury case, the expertise of medical professionals is indispensable. From diagnosing injuries to providing expert testimony, their input can profoundly influence the outcome of your claim. At Martin A. Harvey & Co., we understand the importance of integrating medical insights into the legal process. This blog post explores the pivotal role medical professionals play in personal injury cases, ensuring that victims receive the compensation they deserve. 

The Essential Contributions of Medical Professionals: 

1. Assessing and Diagnosing Injuries: 

• Initial Evaluation: After an injury, a thorough medical evaluation is the first critical step. Medical professionals document the extent of your injuries, providing an initial diagnosis that sets the stage for your treatment plan and legal claim. 
• Ongoing Assessment: Throughout your recovery, medical experts  continually assess your progress, adjusting treatment plans as necessary. These ongoing evaluations are vital for demonstrating the long-term impact of your injuries. 

2. Creating a Comprehensive Medical Record: 

• Detailed Documentation: Accurate and detailed medical records are the backbone of any personal injury claim. They provide a chronological account of your injuries, treatments, and recovery, serving as crucial evidence. 
• Evidence of Severity: Comprehensive medical documentation helps establish the severity of your injuries, which is essential for determining the amount of compensation you are entitled to.

3. Developing Treatment Plans: 

• Personalised Care: Medical professionals develop personalised treatment plans tailored to your specific injuries. These plans outline necessary treatments, therapies, and potential future medical needs. 
• Projected Costs: Treatment plans also help estimate future medical expenses, an important factor in calculating the total value of your personal injury claim. 

4. Providing Expert Testimony: 

• Courtroom Credibility: Medical professionals can provide expert testimony in court, explaining complex medical conditions and the impact of injuries in a way that is understandable to judges and juries. 
• Supporting Evidence: Their testimony can corroborate your account of the injury, clarify the extent of your suffering, and validate the necessity of your medical treatments, all of which strengthen your case. 

5. Assessing Long-Term Implications: 

• Chronic Conditions: Some injuries result in long-term or permanent conditions. Medical experts assess these implications, helping to ensure that compensation reflects the ongoing impact on your life. 
• Vocational Impact: Medical assessments can also include evaluations of how injuries affect your ability to work, contributing to claims for lost wages and diminished earning capacity. 

6. Rehabilitation and Recovery: 

• Rehabilitation Needs: Medical professionals identify necessary rehabilitation services, such as physical therapy, occupational therapy, and mental health support, all of which are essential for a full recovery. 
• Monitoring Progress: Continuous monitoring by medical professionals ensures that recovery is on track and that any complications are promptly addressed. 

Conclusion: 

The role of medical professionals in personal injury cases cannot be overstated. Their expertise not only helps in diagnosing and treating injuries but also provides the essential evidence needed to support your claim. 

At Martin A. Harvey & Co., we collaborate closely with medical experts to ensure that every aspect of your injury is thoroughly documented and presented, maximising your chances of receiving fair and just compensation. 

If you’ve been injured and are navigating the complexities of a personal injury claim, reach out to us. Our experienced team is here to guide you through every step, ensuring that the medical aspects of your case are handled with the utmost care and precision.

Losing a loved one is an extremely difficult and traumatic situation – even more so where their death was caused due to somebody else’s actions. While nothing can compensate for the emotional trauma of the  loss, the financial burden resulting from your loss can be eased through the Fatal Injuries Claim Process.  This applies to incidents such as road traffic accidents, accidents at work, sports injuries, accidents on public or private premises, assault, medical accidents and other tragic accidents. If your loved ones’ death was caused due to the wrongdoing or irresponsibility of another person, you may be entitled to bring a fatal injuries claim. 

Who can bring a Fatal Injury Claim?

The Civil Liability Act 1961 Part 4 states that is the ‘personal representative’ of the deceased who can bring a claim. However, as is the nature with accidents, a personal representative may not have been appointed. As such, if six months have passed since the death of the deceased, dependents of the deceased may pursue the claim. A Fatal Injuries Claim may be brought by a personal representative or a dependent of the deceased. Dependents may include any member of the family of the deceased, including their: 

• Spouse or former spouse 
• Cohabiting partner of the deceased (subject to certain conditions) 
• Parent / Step-parent
• Child
• Grandchild 
• Sibling / Step-sibling

Recourse can only be sought for and on behalf of the dependents of the deceased. 

What is required as part of a Fatal Injury Claim?

A dependent cannot bring a fatal injury claim within the first six months of the death of the deceased. It is important that you inform your solicitors of your intention to bring a fatal injuries claim as soon as possible, as proceedings cannot be brought once two years have passed since the date of death, or knowledge of the death. 

The majority of Fatal Injury Claims are referred to the PIAB prior to issuing court proceedings, with the exception of circumstances such as death caused by medical negligence, Garda Compensation Acts and Maritime-based claims. 

It’s important to choose a solicitor who has experience in Fatal Injury Claims, as they will be able to guide you through each step of the process including the submission to the Personal Injuries Assessment Board. Your solicitor will need to prepare a range of supporting documentation including coroner’s reports, Garda reports, engineer’s reports, and Health & Safety Authority reports. 

How can I be compensated in a Fatal Injury Claim?

There are three heads of damages which the dependent bringing the Fatal Injury Claim may be compensated for: 

1. Mental Distress | Damages for mental distress are designed to compensate the aggrieved dependent who has been adversely affected mentally by the death of a loved one. This is currently capped at €35,000. 
   
2. Loss of Dependency | You may be compensated if you were financially dependent on the deceased. You will have to prove each financial loss that you have suffered. This often requires the services of an actuary to calculate how much each dependent would have received, had the deceased lived. This is calculated from the date of death and takes into account the life expectancy of the deceased among other factors. If the deceased provided services to the household (such as gardening, DIY, or childminding) then the cost of providing these services into the future may be claimed;
   
3. Extraneous Expenses | This refers to any costs incurred as a result of the deceased’s death such as funeral expenses including the cost of burial or cremation. Other expenses such as funeral acknowledgement cards or travel expenses may also be recovered. 

Separately, you may claim for a personal injury if you have suffered nervous shock if you witnessed the accident or the immediate aftermath of the accident. 

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate Personal Injury* and Fatal Injury* claims. If you have lost a loved one as a result of Fatal Injuries caused due to someone else’s wrongdoing, we can assist and guide you through the claims process. Contact us on 021 496 3400 or maharvey@martinharvey.ie.

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

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

Equal Pay in the workplace is something that is being talked about more often, as workplaces and employers strive to ensure that all employees are treated fairly and equally. This is also protected under Irish Employment law, and the Employment Equality Acts prohibit both direct and indirect discrimination across a number of grounds. The Gender Pay Gap is one issue that is often discussed, and with employers (currently only  those with over 250 employees) now obliged to report on the gender pay gap in their organisation, it is a topic that will become familiar. 

In Ireland, where two people are undertaking work that is the same or of similar value, they should be paid a similar rate of pay, or equal pay. This has been protected in Irish law since the 1970s. 

What is the Gender Pay Gap?

The Gender Pay Gap is the difference in average gross hourly earnings between men and women. It is based on salaries paid directly to employees before tax and other contributions are deducted (Source). While this does not include pension rights, other considerations such as cash or benefits-in-kind which an employee receives from their employer in respect of the employment. The latest figures show that the gender pay gap for Ireland is 11.3%  and the EU average is 13% (Source). 

Equal Pay is included in the Employment Equality Acts 1998 – 2015, in addition to the IHREC statutory code of practice. Under this law, employers are required to pay their employees who are undertaking ‘like work’ equal remuneration. ‘Like work’ is defined as work that is the same, similar or of equal value and is one of the terms that must be part of the contract of the employment (Source).

The Pay Transparency Directive is part of a wider EU strategy that seeks to tackle concerns about the enforcement of equal pay between men and women. It aims to eliminate pay secrecy by promoting transparency by implementing reporting measures for larger companies, creating new information rights, and refreshing the concepts of the equal pay regime. It will be transposed into Irish Law by June 2026 at the latest. 

How can I make an Equal Pay Claim?

Where work is the same, similar, or of an equal value, employees should be paid a similar rate of pay. Section 76(1) of the Employment Equality Act 1998 provides that a person who considers that they are not receiving equal pay may seek information concerning remuneration from the employer – or former employer. 

In the wider context, the Employment Equality Acts prohibit both direct and indirect pay discrimination on the following grounds: 

• Gender
• Marital Status 
• Family Status 
• Sexual Orientation
• Religion 
• Age
• Disability 
• Race
• Being a Member of the Traveller Community 

In order to bring a successful claim for equal pay, you must identify a ‘comparator’ who is carrying out ‘like work’, but is treated differently on the basis of a discriminatory grounds – in this case, on the grounds of gender. 

Once you have identified a comparator who earns more than you, and falls into one of the following categories, your employer will be required to explain this difference in pay. These categories are:

• You are undertaking ‘like work’ – work that is the same or broadly similar 

• Your work is ‘rated as equivalent’ – at the same grade 
• Your work is ‘of equal value’ – you undertake different work but this is of equal value with regards to the demands of the job. 

The redress for a breach of the prohibition on unequal pay is an order for equal pay, together with an order for the payment of arrears. There is a time limit of two years from the date of reference on the claim. 

There are a number of defences to equal pay claims which you should be aware of when considering a claim. These include differences in pay which are not related to any of the protected characteristics such as length of service, capacity for extra duties, grading structure or higher qualifications, for example, or if the work is not considered ‘like work’. Market forces may also come into account here. 

It is recommended that these issues are first raised directly with your employer, in order for them to address your concerns or complaints and make amends accordingly. However, if you do not receive an adequate response, the matter can be brought to the Workplace Relations Commission. Engaging an employment law solicitor to assist with your workplace dispute is highly recommended, and will allow you to rest assured that you are aware of all of the options available to you and that your case is handled efficiently and effectively. 

If you believe that there is a member of the opposite sex who is being paid more than you for work that is equal to yours, in your workplace, you are entitled to lodge a claim.  At Martin A. Harvey & Co. Solicitors, our team is experienced in all aspects of employment law in Ireland and would be happy to advise and assist you. You can contact us here or freephone 1800 396 396.