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Fatal Injury Claims

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 Claims: The Gender Pay Gap

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. 

Defamation: What you need to know

Have you ever heard of the terms defamation, libel or slander? You might often hear these terms, but may not be sure what exactly they entail, and why they exist.  

The law of defamation is concerned with protecting one’s reputation from unjust attacks. Defamation laws ensure that a person has the right to their good name. The Defamation Act of 2009 provides that a defamatory statement is one which would injure your reputation in the eyes of reasonable members of society. If it is found that your character has been defamed, you may be eligible to make a claim for damages or compensation. At Martin A. Harvey & Co. Solicitors, we have extensive experience in dealing with Circuit and High Court defamation proceedings. 

What is defamation 

A defamatory statement is one that reasonable members of society would think damages your reputation. However, a statement is not defamatory if it is true or substantially true. You may also have heard of the terms ‘slander’ or ‘libel’. These terms were replaced by the umbrella term of ‘defamation’ under the Defamation Act 2009. 

To take a case for defamation, you must demonstrate that the statement in question was ‘published’ to at least one other person – and the one other person cannot be the person who is taking the complaint.  The method of publication could include: 

  • A conversation with another person 
  • Comments posted on social media sites 
  • Newspaper articles (digital and print)
  • Blog posts / websites 
  • Speeches

There are many different scenarios in which defamation may take place. Some of these include: 

  • Accusation of theft 
  • Defamatory reference (from a previous employer)
  • Defamation by a media organisation 
  • Fraud accusation
  • False imprisonment – detention by security in a retail business following a false accusation of theft. 

Defamation and Social Media 

The Defamation Act 2009 does not set out any laws that are specific to social media posts or social media companies. However, if an allegation or opinion is posted about a person, that person can still have a case for defamation – even if the piece was published anonymously. 

How do I make a defamation complaint?

If you believe that a defamatory statement has been made against you, and that it damages your reputation, you can take a complaint to court. Defamation cases must be made no more than one year after the defamatory statement was issued. For a case to be successful, the person making the claim must be able to prove that: 

  • The statement made was fales 
  • The statement was published 
  • A specific person is identified or recognisable through the statement. 

While preparing your complaint, you should detail the history of the event including all records of publication or recordings of the defamatory incident or statement being made. Gather your witness statements, and source any other sources such as CCTV footage that might assist with your case. 

Outside of taking a complaint to court, there are other options that may be available to you, including: 

  • Making a complaint to the organisation that published the statement; 
  • Making a complaint to the Press Council or Broadcasting Authority of Ireland. 

However, it is important to note that in the above scenarios, a complaint cannot be investigated where legal action has already commenced. 

Are there any defences to defamation?

The Defamation Act 2009 sets out a number of defences and privileges against a legal action for defamation. These are:

  1. The statement is not true: in this situation, the person who made the statement will need to prove that the statement is true / substantially true. If the statement is not true, it is only considered defamatory if it damages the reputation of the person making the complaint.
  2. Absolute privilege: some statements, if made in an official capacity or as part of a testimony, will have the protection of absolute privilege. These include statements made:
    1. By a TD in the Dáil, a Senator in the Seanad, or an MEP in the European Parliament
    2. By a judge whilst performing their duties 
    3. By another person in a court as part of court proceedings (such as solicitors or parties to a legal claim)
    4. As part of an Oireachtas Committee
    5. In a tribunal of inquiry, or commission of investigation
  1. Qualified privilege: statements can be privileged, but may then lose their privilege if the statement was made maliciously, or if the person later refuses to correct an inaccuracy.
  2. Honest opinion: an opinion is honestly held if the person making the statement believed the truth of the allegation at the time of making it. It may apply where:
    1. The opinion is honestly held
    2. The opinion is based on allegations of facts that are set out with the statement, or known to the person complaining of defamation, or based allegations of fact that are privileged 
  1. Fair and reasonable publication: applies where a statement is made in good faith about something that is in the public interest. 
  1. Innocent publication: may apply where a person is not responsible for the statement or the publication of the statement, but contributed to distributing the statement in some way.
    1. This defence has been used by social media companies for defamatory posts made on their platforms. 

If you have been subject to defamation, be it in the public arena or at work, you may be entitled to make a claim for defamation and compensation. At Martin A. Harvey & Co. Solicitors, our team is experienced in all areas of defamation law in Ireland and would be happy to advise and assist you. You can contact us here or freephone 1800 396 396. 

Delayed Road Traffic Accident Injury Symptoms and Making a Claim 

Being involved in a car or road traffic accident can be a very frightening experience, and will likely leave you quite shaken, in addition to any injuries you might suffer. When shock sets in, it can be difficult to think clearly as your body reacts to the stress and adrenaline of the experience. In many cases, the side effects from your car accident can be delayed due to this shock and you may not start experiencing pain from your injuries for some time later. If you have developed delayed road traffic accident injury symptoms or discovered an injury following a car accident, you may be entitled to make a claim for damages. 

If you have been involved in a road traffic accident, it’s important to seek medical attention – even if you have no visible injuries. A qualified medical professional will be able to assess the impact of your accident, and help to uncover any internal or delayed injuries that may have not yet developed. It may also affect the outcome of your claim if you are not seen by a medical practitioner. 

Delayed Road Traffic Accident Symptoms

There are a number of injuries that take some time to develop after an accident. Some of the most common symptoms include:

  • Neck and shoulder pain: is commonly associated with whiplash and can be a sign of something more serious such as spinal injuries. Whiplash is a type of soft tissue injury that is caused by the head suddenly jolting against the body’s momentum, causing strain on the neck and back muscles / tissue;
  • Headache: can be very common and can be caused by many different factors, however a persistent headache should be investigated. Even a mild yet consistent headache could indicate an underlying injury that you may not have noticed. In many accidents, people can hit their head on the car’s interior and the force at which this happens can cause serious injury;
  • Behavioural or Emotional Changes: can be linked to a traumatic brain injury
    • Post-Traumatic Stress Disorder is a mental health disorder that commonly develops after a traumatic event. Symptoms include anxiety, depression, chronic pain and even gastrointestinal disorders;
  • Numbness and tingling: could be linked to nerve damage or spinal issues. You could also feel a weakness in a specific area. Neurological symptoms such as these are considered a medical emergency in the aftermath of a head, neck or back injury and you should immediately seek medical attention;
  • Back Pain: back injuries may include damage to the muscles, joints, discs, ligaments and even the spinal cord. As the initial shock begins to subside you may feel this pain more acutely and clearly;
  • Abdominal Pain: could be a sign of internal and soft tissue injuries, and could progress into something more serious if left untreated. Pain or swelling in the abdominal area can also be a sign of internal bleeding – one of the most common and dangerous delayed symptoms after a car accident. It should be treated as a medical emergency. Additional symptoms can include headaches, bruising and dizziness. 

You should monitor for any other changes in your general health in the aftermath of an accident, as injuries can manifest in many different ways. 

It’s important to seek medical attention and a full evaluation if you have been involved in a road traffic accident – even if you do not have any visible injuries immediately following the accident. This medical assessment might uncover injuries that you are not aware of, or uncover the full extent of injuries that you have noted. 

Making a Claim 

If you have been injured in a car accident, you may be entitled to make a personal injuries claim. Your first step in this process should be to contact your solicitor, who will advise as to whether your claim is valid, and your options in proceeding with the claim. To learn more about what to do after a car accident, you can read our blog on the topic here

For a claim to be successful, fault must be determined. In situations where blame is not clear, there are laws such as the Rules of the Road which will determine fault. Where both parties are somewhat responsible, ‘contributory negligence’ will come into play. You should speak to your solicitor if this is the case. And even if the other driver is not disputing liability for the accident, it’s always best to speak with your solicitor if you were injured in a road traffic accident. 

If you have been in a road accident and are experiencing delayed road traffic accident injury symptoms, and would like to discuss a personal injury that you have suffered, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you. *

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

Occupational Injury and Work Related Illness Claims

Work related illnesses and occupational injuries can have a significant impact on your wellbeing, and impact your ability to make a livelihood. Occupational injuries or work-related illnesses that have been sustained during the course or duties of a person’s job can manifest in many different ways – and are usually dependent on the job that the person undertakes. In many instances, the injury or illness occurs as a result of an unsafe working environment, practices, or exposure to harmful substances during the course of their duties. If you are faced with an occupational injury or a work-related illness, it’s important that you are aware of your rights, and your ability to make a personal injury claim against the damage and impact. 

What is a work-related illness?

A work-related disease is any illness that is caused or made worse by workplace factors, including diseases that have more complex causes that are a combination of occupational and non-work related factors (Source).

An occupational disease is any disease that is caused primarily by exposure at work to a physical, organisation, chemical or biological risk factor – or even a combination of these factors. Some occupational diseases will develop gradually as a result of prolonged exposure, while others may not manifest until years after the exposure. The latter can cause some challenges in establishing liability and proving negligence after a lapse of time. Queries may also be raised as to the date of knowledge or when the employee first became aware of their symptoms or illness for the purpose of the Statute of Limitations. 

Many types of diseases such as cancer, respiratory disorders, cardiovascular disease, musculoskeletal disorders and mental health problems can be caused or made worse by work. 

There are several workplace exposures that are known to contribute to the development or progression of a disease (Source): 

  • Dangerous substances: chemical and biological agents, including carcinogens
  • Radiation: including ionising radiation and ultraviolet (UV) radiation from the sun
  • Physical factors: vibration, noise, manual lifting and sedentary work
  • Psychosocial factors: work organisational and psychosocial risk factors such as shift work, stress, and bullying

An occupational injury can encompass any harm or damage suffered by an individual as a direct result of their job or workplace environment. These injuries can range from slips, falls, or manual handling accidents, to more severe incidents like machinery malfunctions. 

What can I do if I have suffered from a work-related disease or illness?

In cases where you believe that your work-related illness has been caused due to the negligence of another person or entity, you may want to seek compensation by seeking a personal injury* claim. In these cases you should: 

1. Speak with a Solicitor 

Your first step in making a claim should be to consult a solicitor, who can guide you through the process and protect your rights. They can also provide guidance in submitting your application correctly, procuring your medical report, and advise you on the assessment made by the Personal Injuries Assessment Board (PIAB). If you choose to take your claim to court, your solicitor can arrange for the necessary court proceedings to be drafted, and act as your legal representation. The responsible party will need to be contacted in writing.

A medical report will be required as part of your PIAB application, which can be provided by the practitioner who treated you. If you are unable to submit a medical report along with your claim application, you can speak to your doctor about getting a note with details of your illness. You could also choose to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application and follow up with the medical report at a later date. However, you must submit all relevant documentation within two years. Before assessing your claim, the PIAB may carry out an independent medical examination. 

2. Fill out a Personal Injury Claim Application 

Claims should be sent to the Personal Injuries Assessment Board (PIAB), with the exception of cases of medical negligence. If your claim relates to medical negligence, you can speak to a member of our team today to find out how we can assist you. 

The PIAB is an independent statutory body that assesses “personal injury claims for compensation following road traffic, workplace or public liability accidents” (source).

To submit your claim, you should fill out the application form at piab.ie. You may also submit this form by post.  

3. Submit Your Application 

When you are submitting your form, you will need to include the processing fee as part of the required documentation. If you have medical documentation at this point, you should also include this. If you have suffered any financial losses due to the illness, you must also include these receipts with your application. You can include any other documents you feel are relevant. 

Please note that your claim must be made within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004 (source). 

Once the respondent allows the claim to be assessed by the PIAB, it can take over 7 months for a decision to be made. If your claim is taken to court, this will increase to 36 months. For claims assessed after 24 April 2021, the PIAB refers to the Personal Injuries Guidelines as a guideline for awarding personal injury* claims. (Source)

If you would like assistance regarding a work-related illness* claim, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can. 

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

What to do after a cycling accident

What to do if you have been involved in a cycling accident and think you are eligible to make a claim.

As the summer months settle in, many of us will be taking to bicycles and other modes of transport to make the most of the good weather. Cyclists and pedestrians are unfortunately very vulnerable road users, and often are involved in collisions with motorists. The Road Safety Authority has a useful guide on cyclist road safety, and if you’re getting back on the bike this summer it is worth refreshing your knowledge. 

Even with all the preparation in the world, sometimes accidents are unavoidable. If you have been involved in a cycling accident, there are a number of actions you should take if you feel you might be eligible to make a claim for compensation. 

Common causes of bicycle accidents 

As cyclists are vulnerable road users, there are many instances in which an accident can happen. Some of the most common include: 

  • Motorist negligence: incidents with motorists often occur when they fail to see a cyclist or may not leave sufficient room while overtaking a cyclist on a stretch of road. This can also include situations where traffic such as a taxi, car, or bus knocks you from your bike while they are attempting to stop or pull out into traffic. 
  • Other cyclists: if another cyclist swerves in front of you or makes contact with you or your bike, it may cause an accident. As with all road users, cyclists must have due regard and consideration for all road users including pedestrians, cyclists and motor vehicles. 
  • Pedestrians: if a pedestrian causes an accident or injury by walking in front of you without looking, or not using a designated pedestrian crossing, they may be at fault. 
  • Faulty equipment: if your bicycle has been recently purchased or repaired with a guarantee, and causes an accident and injury due to a fault, you may be eligible to make a claim against the repair shop or manufacturer. 

What to do if you have been involved in a cycling accident 

Medical attention 

First of all, you should ensure that you are safe and not injured. If you have been seriously hurt, you should seek medical attention immediately. Try not to move if you can, but if the accident has occurred on a road then you may be in danger of moving traffic and need to move. 

Gather information

It’s important to gather as much relevant information as possible after your accident. This includes: 

  • Details of the third party or driver that caused the accident and the people involved. You should get their name, address, contact information, vehicle registration number and vehicle insurance number;
  • Name and contact information of any emergency service workers at the scene such as the Gardaí or paramedics; 
  • It may be useful to take a picture of the scene from as many different angles and perspectives as you can. This should document the location of your bike, the other vehicle and any damage sustained to either;
  • Record the time, date and weather conditions at the time;
  • Throughout your recovery and after your accident, you should remember to retain your medical records, receipts and records of expenses incurred as a result of the accident, as these will be important in the claims process. 
Making a claim 

If you are thinking about making a bicycle accident claim for any of the personal injuries you have sustained during your accident, it’s important that you speak with a personal injury solicitor. They will be able to review your case and gather information such as medical reports, advising you on the elements that are required for the claims process. 

The first step in your personal injury claim will be to submit a claim to the Personal Injuries Assessment Board. 

The PIAB is an independent statutory body, to which all personal injury claims in Ireland must be submitted. This does not include medical negligence claims. The purpose of the PIAB is to provide an independent assessment of personal injury claims for compensation following incidents such as road traffic accidents, workplace accidents and public liability accidents. 

While you can make an application to the Injuries Board without the assistance of a solicitor, it is recommended by the Law Society of Ireland that members of the public should use a solicitor in their dealings with the PIAB, as a competent personal injury solicitor will be experienced with the application process and all of its various requirements. This will also ensure that your claim will progress smoothly and in an efficient manner.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have had a cycling accident, and have been injured due to someone else’s wrongdoing, we can help you with 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)

Public Liability – Accidents in a Public Place

As the summer months loom, many of us will be spending a lot more time out of doors, attending public events and places to enjoy the warmer and drier weather. With these activities comes a certain amount of risk, which can unfortunately result in accident or injury. If you have had an accident in a public place or at a public event, and have been injured due to the negligence of a third party, you may be eligible to make a personal injury claim. These types of situations might include the following. 

Swimming pools 

Public swimming pools are extremely popular during the summer months, but unfortunately public liability accidents are quite common in this setting as a number of accidents are liable to happen. These circumstances could include:

  • Slips, trips and falls, injuries in and around the pool area
  • Injuries in the pool as a result of the depth not being properly signposted or broken tiles
  • Injuries incurred on waterslides that are not up to standard 

Parks and Amusement Parks 

With the good weather, many of us will flock to our local parks to enjoy the Irish summer while we can. Unfortunately it is all too easy for a day at the park to go wrong. Playgrounds in particular can lead to a variety of accidents and injuries on the play equipment or even a trip or fall. Other incidents in parks might be caused by uneven pathways or hazardous objects left out in walking areas. There may also be building or maintenance works which have not been cleared away properly. 

Public Events: Concerts, Music Festivals, Festivals and Sporting Events 

Events like concerts and festivals are extremely popular during the summer months, with more and more new events being organised every year. With so many attendees in one space, overcrowding can be a major issue. Issues can arise as a result of insufficient or a lack of crowd control, poorly installed barriers, lack of security personnel to manage situations, insufficient lighting, or a lack of maintenance and cleaning staff to keep areas free from hazards such as spills or wet floors. 

In many cases there could be a number of parties who could be involved in organising the event, such as the event managers or organisers, security companies, concessionary suppliers or equipment-hire companies. Your solicitor will carry out enquiries to establish the party at fault for your injury. 

What should you do if you have suffered an injury in a public place or at a public event?

If you have had an injury as a result of an accident in a public place or at a public event, the first thing you should do is to seek the appropriate medical attention. 

If the accident occurred in a public space or at an event, it’s important that you note the names of those you have reported the accident to, along with the company they report to. You should also gather as much evidence as soon as possible after the accident, as this will be important if the third party claims contributory negligence – meaning that the plaintiff is responsible for their own injuries. Photographs and videos of the area or hazard will be important for your claim. If there are any third party witnesses, you should also try to get their contact details. You should only gather this information if doing so will not aggravate your injury. 

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have had an accident in a public place or at a public event, and have been injured due to someone else’s wrongdoing, we can help you with 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)

Medical Negligence Claims: Misdiagnosis or Delayed Diagnosis 

In our recent blog post on medical negligence claims, we discussed the most common types of claims and the process of making a medical or dental negligence claim. In this post, you might have come across the terms ‘delayed diagnosis’ and ‘misdiagnosis’ which are two unique situations that we will explore in further detail below. 

Medical negligence can be defined as any action by medical staff or members of hospital / clinical staff which fall below an acceptable standard of care and which directly causes injury or disease or allows the health of a person to deteriorate as a result. (Source) Providing a correct, and timely diagnosis is fundamental in ensuring the best possible outcome for a patient. 

What is a misdiagnosis?

A misdiagnosis is considered a form of medical negligence, as it is a dereliction of a practitioner’s duty of care to their patients. This happens when a patient’s condition or symptoms are wrongly identified as another issue. This may lead to the patient receiving incorrect treatment which does nothing to alleviate their actual condition, possibly causing further medical complications and even more harm. 

Some instances of a misdiagnosis include the misinterpretation of test results,  miscommunication with a patient, the failure to identify a root cause, or a related (or unrelated) issue, and false positives or false negatives. Misdiagnosis can also occur during routine screening – some recent examples of misdiagnosis and medical negligence in these cases arise from the scandals associated with national screening programmes such as Cervical Check. 

A misdiagnosis should not be confused with a missed diagnosis, which is where a patient’s condition is not diagnosed – i.e. the failure to identify elements of an illness or disease based on your presenting symptoms, and associated test results. 

What is a delayed diagnosis?

A delayed diagnosis is different from a misdiagnosis: in this instance a patient’s condition is correctly diagnosed, however the timeframe in which this is completed is not as prompt as it should have been, had the medical professional in charge of the case acted efficiently.

This circumstance may be where a patient seeks medical help or advice for symptoms that they are experiencing, but the condition that is causing these symptoms is not diagnosed within a reasonable amount of time. It is the medical professionals’ responsibility to complete the necessary medical tasks (differential diagnosis) to determine whether the patient is in need of further medical attention. A delayed diagnosis might happen when symptoms are dismissed or overlooked, where lab work may be lost or the correct testing or consultation is not sought, or the failure by a medical professional to properly evaluate a patient that has presented to them. This could be a patient presenting to their GP with symptoms that are not fully investigated if at all, or a patient referring to an accident and emergency or primary care centre with specific symptoms, and the patient is not admitted or discharged early without the proper diagnostics. 

Making a medical negligence claim

To bring a claim for medical negligence due to a delayed diagnosis, you will need to provide evidence that the standard of care you received fell below that of a competent medical professional, and the negligence caused damage or injury. It’s important to note that there is a time limit of two years from the date of the negligent event during which you can bring your medical negligence claim. 

If you believe that a condition you have been diagnosed with, could have been identified at an earlier stage, thereby resulting in harm to you, you may be eligible to make a claim. Our dedicated team of specialist Medical Negligence Solicitors at Martin A. Harvey & Co. will assist and guide you through your medical negligence* claim. We are experienced in dealing with all types of delayed or misdiagnoses, and medical negligence* cases. 

If you would like assistance regarding your medical negligence* claim, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way that we can. Freephone 1800 – 396 396 or fill out our contact form here.

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

What to do after a car accident

Being involved in a car or road-traffic accident can be a frightening experience, and might leave you quite shaken for some time, in addition to any injuries you might suffer. In the moment, it can be quite difficult to think clearly due to shock. However, by law, there are some actions that you need to take – and others that are advisable for your own safety and insurance purposes. 

What to do if you have been involved in a road traffic accident

If you have been involved in a motor collision, Section 106 of the Road Traffic Act 1961 sets out some actions you will need to take.

First of all: 

  • You should stop the car as soon as possible – it is an offence not to do so. If your vehicle is still moving, pull over as soon as you can. You should then turn off the engine and switch on your hazard lights. 
  • Check yourself and your passengers to ensure everyone is safe. If anybody has been hurt, you should call 999 if necessary. You should try to take some deep breaths and keep calm as much as you can so that you can take stock of the situation. 
  • It’s important that, in the aftermath of the accident, you do not admit fault or apologise until you know exactly what happened – this can protect you from liability if the accident was not your fault. 

What next?

If the collision is serious, do not move the cars. However if it is minor and the cars involved are blocking the road, or causing a danger to other road users, mark their position on the road and then move them. Take photos of the scene of the collision – especially if you are moving the vehicles.  Be aware that damaged cars may be leaking fuel. 

Try to warn oncoming traffic of the accident if it is safe to do so. You could turn on your hazard lights, or if you have a reflective advance-warning triangle then place it on the road far enough from the scene of the collision to give enough warning to approaching traffic. If the collision has occurred near a bend in the road, make sure you’re giving warning to traffic on both sides of the bend. 

You should notify An Garda Siochána as soon as possible, and they may attend the scene of the collision. If a Garda is present at the scene of the collision, you must provide them with the information that they request from you. This could include: 

  • Your name and address, the address at which your car is kept, the name and address of the car’s owner, the car’s registration number, and motor insurance details. 

If a Garda is not present, you must report the accident as soon as you can to a Garda who is nearby or at a Garda station, no more than 24-hours later. 

Gather your information

Get the names, address and telephone numbers of any witnesses – these may be required if a question of liability arises. You should also get the name or number of the Garda to whom the collision is reported. Write down what happened as soon as you can and sign and date your account (including the time) once it’s completed. This will help you to keep your report clear and as accurate as possible and include as much detail as you can: what sort of damage was caused, what were the driving conditions like, what was the time and date of the crash are just a few thought starters. 

Uninsured or unidentified cars: If you wish to claim compensation where you are involved in an accident with an uninsured or unidentified car, you will need to contact the Motor Insurer’s Bureau of Ireland (MIBI).

Making a claim 

If you have been injured in a car accident, you may be entitled to make a personal injuries claim. Your first step in this process should be to contact your solicitor, who will advise as to whether your claim is valid, and your options in proceeding with the claim. 

For a claim to be successful, fault must be determined. In situations where blame is not clear, there are laws such as the Rules of the Road which will determine fault. Where both parties are somewhat responsible, ‘contributory negligence’ will come into play. You should speak to your solicitor if this is the case. And even if the other driver is not disputing liability for the accident, it’s always best to speak with your solicitor if you were injured in a road traffic accident. 

Road accidents happen in a blink-of-an-eye, but your reaction to them should be informed and considered. If you have been in a road accident or would like to discuss a personal injury that you have suffered, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you. *

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

What is the Personal Injury Assessment Board?

In our blog on Personal Injury Claims, we discussed the Personal Injury Assessment Board (PIAB) – the statutory body that assesses personal injury claims. But just what is the PIAB and what do you need to know about it if making a personal injury claim?

What is the Personal Injury Assessment Board?

The PIAB is an independent statutory body, to which all personal injury claims in Ireland must be submitted. This does not include medical negligence claims. The purpose of the PIAB is to provide an independent assessment of personal injury claims for compensation following incidents such as road traffic accidents, workplace accidents and public liability accidents.  

According to Citizens Information, claims are usually assessed approximately seven months from the point when respondents consent to having the claim assessed. In court, this can take up to 36 months.

How do I make an application to the Personal Injury Assessment Board? (PIAB)
While you can make an application to the Injuries Board without the assistance of a solicitor, it is recommended by the Law Society of Ireland that members of the public should use a solicitor in their dealings with the PIAB, as a competent personal injury solicitor will be experienced with the application process and all of its various requirements. This will also ensure that your claim will progress smoothly and in an efficient manner.

1. Your first step in making an application to the PIAB should be to speak with a personal injury solicitor, who will be able to provide you with the information that is required to submit your application. They will then prepare your file and gather all required information. The following details are usually required to complete your application: 

  • Details of the accident;
  • Details of the injuries you have suffered, including evidence such as photographs;
  • Details of any previous injuries, conditions or accidents you have been involved in;
  • A list of the expenses that you have incurred as a result of this accident, such as your medical bills;
  • A description of the person who is at fault.

It’s extremely important that you identify the correct person at fault when you are making your application. If you have identified someone to be at fault, and the PIAB does not agree with your identification of the person at fault, then the accused person can apply for an order of costs to be issued. This means that you will be obliged to pay their legal fees. 

It’s also vital that your form is completed correctly as there will be no opportunity to amend or re-submit it. 

2. A medical report will be a key part of your claim as it will confirm the details of your injuries. Your solicitor can request this from the medical professional that treated you, and it should include a prognosis, estimated time for recovery and details of any treatments that are necessary for your case.

In cases where a psychological injury has been sustained, your solicitor will request a report from the psychologist that treated them.

3. Form A

  1. Once your solicitor has received your medical report, they will have all of the information needed to start processing your application to the PIAB. They should now start completing what is called a ‘Form A’, which will be submitted with copies of your medical reports and other relevant documentation. 

Online applications cost €45, and the submission of postal or email forms cost €90.

The PIAB will confirm with you once they have received your application. They will issue a reference number for your application, notify the person / company of your personal injury claim against them and also send them a copy of your application form and relevant medical reports.

4. Your claim will then be assessed by the PIAB, and they will make their decision. If their conclusion is in your favour, then the PIAB will suggest a compensation amount to be paid by the party at fault. You cannot negotiate this offer – only accept or reject it. The next steps in your claim are determined by your mutual agreement (with the person deemed at fault) or your disagreement on the compensation amount. You will have 28 days to make this decision.

  • If you both agree to the compensation amount, the PIAB will issue an ‘Order to Pay’ which orders the person at fault to pay the compensation due to you;
  • If one or both of you do not agree to the suggested compensation amount, then you will be issued with an Authorisation to move the claim forward and issue legal proceedings to resolve the matter. 

PIAB Time Limits

The PIAB has a period of nine months from the date they receive your application to assess your claim. If this is not possible, you will be contacted by the PIAB with a request for an extension. 

If there has not been an agreement on the PIAB’s assessment of your case, you will be issued with an Authorisation to move to Court proceedings. You will have six months from this date to issue legal proceedings to bring the personal injury claim to court. 

Claimants have a two-year time limit from when the accident occurred to make a personal injury claim. If you do not start the claims process within this period, your claim will not be enforceable. 

However, in some cases a person may not know they have been injured. If this is the case, the two-year limit will start from the time that the person becomes aware of their injuries. 

What type of accidents are dealt with by the PIAB?

Road Traffic Accidents: this includes anything from car, truck, and bus accidents, to motorcycle and bicycle accidents, and even accidents involving pedestrians. 

Accidents at Work: these types of accidents usually include slip, trip and falls at work; injuries incurred through manual handling or from hazardous environments; or repetitive strain injuries to name a few. 

Accidents in a Public Place: also called Public Liability Claims, these types of accidents can include slip, trip and fall incidents in public places such as a shopping centre, public park, shops, on a pavement or footpath, or on someone’s property. 

Exceptions to the PIAB process

It’s important to note that there are a number of injuries that are not assessed by the PIAB. These include: 

  • Medical negligence (read more here);
  • Assault claims; 
  • Cases where the injuries sustained are solely psychological. However where there is a psychological / psychiatric element to a personal injury claim, the PIAB will likely proceed in their assessment. 

The PIAB may also decline claims where there are complexities arising from pre-existing medical conditions.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have been injured due to someone else’s wrongdoing, we can help you with 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)

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