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What to Do If Your Personal Injury Claim Is Denied

Posted on by Dyjaho_Admin

Receiving notice that your personal injury claim has been denied can be frustrating and worrying. Many people assume that once a claim is rejected, there is nothing further they can do. In reality, that is not always the case.

At Martin A. Harvey & Co. Solicitors, we regularly advise clients whose claims have been challenged, disputed, or refused. In many situations, there are still clear legal options available.

If your claim has been denied, here is what you need to know.

Why Are Personal Injury Claims Denied?

Claims can be denied for a variety of reasons. Some are based on evidence, while others may relate to legal or procedural issues.

Common reasons include:

  • Liability is disputed
  • Insufficient evidence of how the accident happened
  • Lack of medical evidence linking the injury to the incident
  • Missed legal deadlines
  • Allegations of contributory negligence
  • Incomplete PIAB application or missing documentation
  • Disagreement over the seriousness of the injury

A rejection does not automatically mean the claim lacks merit. It may simply mean the case needs to be strengthened or pursued through another route.

Who Can Deny a Claim?

Depending on the stage of your case, a denial may come from:

  • The insurer for the other party
  • The respondent in a PIAB application
  • PIAB declining to assess due to complexity or medical issues
  • A defendant disputing liability in court proceedings

Understanding who denied the claim, and why, is the first step in deciding what happens next.

Step 1: Review the Reason for the Rejection

Not all denials are equal. Some are straightforward administrative issues that can be corrected quickly. Others require a more detailed legal response.

For example:

  • If medical evidence is incomplete, further reports may be needed
  • If liability is denied, witness evidence or CCTV may help
  • If documentation was missing, the application may be amended or refiled where appropriate

An experienced solicitor can assess whether the rejection is valid and what strategy should follow.

Step 2: Gather Stronger Evidence

Many denied claims can be improved with stronger supporting evidence.

Useful evidence may include:

  • Updated medical reports
  • Specialist consultant reports
  • Photographs of the accident scene
  • Witness statements
  • CCTV footage
  • Proof of financial losses
  • Accident report forms
  • Expert engineering or safety reports

The stronger the evidence, the stronger your negotiating position.

Step 3: Consider Whether PIAB Is the End of the Matter

If the other side rejects a PIAB assessment, or PIAB does not resolve the claim, that does not mean the case is over. In many circumstances, you may receive an Authorisation allowing you to bring court proceedings.

This is a common next step in disputed claims, particularly where:

  • Liability is contested
  • The compensation offered is too low
  • Injuries are complex or long-term
  • Additional evidence needs to be tested in court

Many valid claims settle after PIAB, but many others progress successfully beyond it.

Learn more about the assessment process at piab.ie.

Step 4: Understand Contributory Negligence

Sometimes a claim is not fully denied, but reduced because the other side argues you were partly responsible.

Examples might include:

  • Not paying attention to where you were walking
  • Failing to wear a seatbelt
  • Ignoring warning signs
  • Unsafe behaviour at work

Even if you were partly at fault, you may still recover compensation. The key issue is how responsibility is shared.

Step 5: Get Legal Advice Immediately

If your claim has been denied, professional legal advice is essential. A solicitor can:

  • Review the rejection in detail
  • Advise whether the decision should be challenged
  • Gather further evidence
  • Handle negotiations with insurers
  • Prepare court proceedings if necessary
  • Protect you against missed deadlines

Without legal advice, many people abandon claims that could have succeeded.

Can a Denied Claim Still Succeed?

Yes. Many claims that are initially disputed or rejected are later resolved successfully.

This often happens when:

  • New evidence emerges
  • Witnesses are located
  • Medical prognosis becomes clearer
  • Legal arguments are properly presented
  • The defendant reassesses their position once proceedings begin

A denial is often part of the claims process, not the final outcome.

How Martin A. Harvey & Co. Can Help

At Martin A. Harvey & Co. Solicitors, we have decades of experience handling disputed and complex personal injury claims throughout Cork and beyond.

We provide:

  • Clear and honest legal advice
  • Detailed case reviews
  • Strategic evidence gathering
  • Strong negotiation with insurers
  • Experienced court representation where required

Our focus is always on securing the best possible result for our clients.

Claim Denied? Speak to Us Today

If your personal injury claim has been denied, do not assume your case is over.

Contact Martin A. Harvey & Co. Solicitors today for professional advice on your next steps. We will assess your case, explain your options, and help you move forward with confidence.

đź“ž +353 (0)21 4963400
📧 maharvey@martinharvey.ie

How CCTV Footage Can Strengthen Your Personal Injury Claim

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In today’s environment, CCTV cameras are everywhere — from shops and car parks to public streets and workplaces. If you’ve been injured in an accident, there’s a strong chance that your incident may have been captured on camera.

At Martin A. Harvey & Co. Solicitors, we regularly see how powerful CCTV footage can be in personal injury claims. In many cases, it provides clear, objective evidence that supports a client’s version of events and strengthens their case significantly.

So how exactly does CCTV help, and what should you do if you believe your accident was recorded?

Why CCTV Footage Is So Important

Unlike witness statements, which can sometimes be inconsistent or incomplete, CCTV provides real-time, unbiased visual evidence of what actually happened.

It can:

  • Show exactly how the accident occurred
  • Identify the hazard that caused the injury
  • Confirm the presence or absence of warning signs
  • Demonstrate whether reasonable safety measures were in place
  • Support your account if liability is disputed

In many cases, CCTV can quickly establish fault — or, just as importantly, disprove inaccurate claims made by the other party.

Common Situations Where CCTV Is Used

CCTV evidence is particularly useful in:

  • Slip and fall accidents in supermarkets, shops, or shopping centres
  • Workplace accidents where safety procedures are in question
  • Road traffic accidents at junctions, car parks, or urban areas
  • Public liability claims involving footpaths, entrances, or public buildings
  • Gym, hotel, or leisure facility injuries

Because cameras are so widespread, many incidents are recorded — but the key is acting quickly to secure the footage.

How CCTV Helps Prove Negligence

To succeed in a personal injury claim, you must show that another party was negligent. CCTV footage can help establish:

  • That a hazard existed (e.g. a spill, obstruction, or unsafe surface)
  • That the hazard was present for a sufficient period of time
  • That the responsible party failed to take reasonable steps to address it
  • That your injury occurred as a direct result of that hazard

For example, footage may show that a shop floor was wet for a prolonged period without being cleaned or signposted — a key factor in proving liability.

Act Quickly: CCTV Footage Is Often Deleted

One of the most important things to understand is that CCTV footage is not kept indefinitely.

In many businesses, footage is automatically deleted within:

  • 24 to 72 hours
  • Up to 30 days (in some cases)

If no request is made within that timeframe, the footage may be permanently lost.

What You Should Do:

  • Report the incident immediately to the premises or responsible party
  • Request that CCTV footage is preserved
  • Contact a solicitor as soon as possible

At Martin A. Harvey & Co., we can issue a formal request to secure the footage before it is erased.

Can You Access CCTV Footage Yourself?

Yes — under data protection law, you may request footage of yourself through a Subject Access Request (SAR).

However, there are some limitations:

  • Other individuals in the footage may need to be blurred
  • The business may refuse access if it affects third-party privacy
  • The process can take time, and delays may risk deletion

For this reason, it is often more effective for a solicitor to request the footage as part of a legal claim.

You can learn more about your data rights at dataprotection.ie.

What If There Is No CCTV Footage?

While CCTV can be extremely valuable, not all claims rely on it. A strong case can still be built using:

  • Medical reports
  • Photographs of the scene
  • Witness statements
  • Incident reports
  • Expert evidence

That said, where CCTV is available, it can significantly strengthen your position — particularly where liability is disputed.

How a Solicitor Helps Secure and Use CCTV Evidence

At Martin A. Harvey & Co., we take proactive steps to ensure CCTV evidence is obtained and used effectively:

  • Identifying whether CCTV is likely to exist
  • Requesting immediate preservation of footage
  • Reviewing footage in detail to support your claim
  • Using video evidence in PIAB applications or court proceedings
  • Challenging opposing claims with objective visual proof

This level of detail can make a meaningful difference to the outcome of your case.

Injured in an Accident? Don’t Lose Crucial Evidence

If you’ve been involved in an accident in a public place, workplace, or on the road, CCTV footage could be one of the most important pieces of evidence in your claim.

But timing is critical. Once footage is deleted, it cannot be recovered.

Contact Martin A. Harvey & Co. Solicitors as soon as possible to ensure your rights are protected and all available evidence is secured.

đź“ž +353 (0)21 4963400
📧 maharvey@martinharvey.ie

We’re here to guide you through your personal injury claim with experience, clarity, and a strong focus on results.

Poor Drainage and Slippery Surfaces: Can You Make a Personal Injury Claim?

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Poor Drainage and Slippery Surfaces: Can You Make a Personal Injury Claim?

Heavy rainfall is a regular feature of Irish weather, particularly during the autumn and winter months. While wet conditions are to be expected, poor drainage, blocked gutters, and inadequate surface maintenance can quickly turn ordinary walkways into hazardous areas.

At Martin A. Harvey & Co. Solicitors, we frequently advise clients who have suffered injuries after slipping on waterlogged footpaths, flooded entrances, or dangerously slippery surfaces caused by poor drainage. The key question is often this: When does wet weather become legal negligence?

When Does Poor Drainage Become a Legal Issue?

Under the Occupiers’ Liability Act 1995, property owners and occupiers have a duty to take reasonable care to ensure that visitors are not exposed to unnecessary risk.

This includes:

  • Maintaining proper drainage systems
  • Clearing blocked drains and gutters
  • Preventing water accumulation in high-traffic areas
  • Using warning signage where hazards cannot be immediately removed
  • Ensuring surfaces are safe during foreseeable weather conditions

While businesses and local authorities are not expected to prevent rainfall, they are expected to anticipate predictable risks associated with heavy rain and take reasonable steps to reduce danger.

If they fail to do so, and someone is injured as a result, a personal injury claim may arise.

Common Scenarios Involving Poor Drainage

We often see claims involving:

  • Flooded supermarket entrances with no warning signs
  • Slippery tiled floors inside retail premises after rain
  • Car parks with pooling water due to blocked drains
  • Uneven or sunken footpaths that collect rainwater
  • Moss-covered walkways made worse by damp conditions
  • Public paths rendered dangerous due to inadequate maintenance

In each case, the issue is not the weather itself, but the failure to manage foreseeable risk.

Who Is Responsible for Your Injury?

Liability depends on who had control over the area where the accident occurred. This may include:

  • A retail store or shopping centre operator
  • A landlord or property management company
  • A local authority responsible for public footpaths
  • A commercial premises owner

Your solicitor will investigate who had responsibility for maintenance and whether reasonable care was exercised.

In cases involving public roads or footpaths, claims may involve the relevant city or county council. You can find general information about local authority responsibilities at citizensinformation.ie.

What Must Be Proven in a Slip and Fall Claim?

To bring a successful claim for a slip and fall accident caused by poor drainage, you must establish:

  1. A duty of care existed
  2. That duty was breached through negligent maintenance or failure to act
  3. You suffered injury as a direct result of that breach

Evidence is critical in these cases.

What Evidence Should You Gather?

If you are injured due to slippery conditions caused by poor drainage, take the following steps where possible:

  • Photograph the pooled water, blocked drains, or hazardous surface
  • Capture wide-angle images showing the surrounding area
  • Note the date, time, and weather conditions
  • Obtain witness contact details
  • Report the incident immediately to management or the relevant authority
  • Seek medical attention and retain all documentation

Water can drain away quickly, and hazards may be repaired within hours. Early evidence significantly strengthens your claim.

What Compensation Can You Claim?

If your claim is successful, you may be entitled to compensation for:

  • Pain and suffering
  • Medical expenses
  • Loss of earnings
  • Travel costs
  • Ongoing rehabilitation needs

Claims in Ireland must generally first be submitted to the Personal Injuries Assessment Board (PIAB). The compensation amount is assessed under the Personal Injuries Guidelines, which outline award ranges depending on the severity of injury.

More information about the PIAB process is available at piab.ie.

Time Limits for Making a Claim

In most personal injury cases in Ireland, you have two years from the date of the accident to initiate your claim.

However, waiting can make proving liability more difficult. CCTV footage may be overwritten, drains repaired, and witnesses unavailable. Acting quickly protects both your legal rights and the quality of evidence.

Why Early Legal Advice Matters

Slip and fall claims involving weather conditions can be complex. Defendants often argue that:

  • The rainfall was unusually severe
  • The hazard developed suddenly
  • They had a reasonable inspection system in place

An experienced personal injury solicitor will assess whether those arguments are valid and gather maintenance records or inspection logs where necessary.

At Martin A. Harvey & Co., we take a thorough and strategic approach to these claims, ensuring all relevant evidence is secured and presented effectively.

Injured Due to Poor Drainage or Slippery Surfaces? We Can Help

If you have suffered an injury after slipping on pooled water, flooded surfaces, or inadequately maintained walkways, you may have grounds to bring a slip and fall claim in Ireland.

Do not assume the weather alone is to blame. If poor maintenance contributed to your accident, legal responsibility may arise.

Contact Martin A. Harvey & Co. Solicitors today for clear, professional advice on your personal injury claim.

đź“ž +353 (0)21 4963400
📧 maharvey@martinharvey.ie

We are here to guide you through every stage of the claims process with experience, care, and commitment.

What Happens If You’re Injured as a Passenger in a Car Accident?

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What Happens If You’re Injured as a Passenger in a Car Accident?

Being injured in a car accident is always distressing — but when you’re the passenger, it can be even more confusing. You weren’t driving, you didn’t cause the crash, and yet you’re left dealing with injuries, medical bills, and time off work.

At Martin A. Harvey & Co., we regularly assist passengers who’ve been hurt in road traffic accidents across Ireland. Whether you were in a private vehicle, a taxi, or a public bus, you may have the right to claim compensation.

Here’s what you need to know.

Can Passengers Claim for Personal Injury in Ireland?

Yes. Under Irish law, passengers have the same right to claim for injuries as drivers or pedestrians — often with a stronger case, as passengers are rarely at fault for an accident.

You may be entitled to make a claim if you:

  • Were injured in a private car
  • Were travelling in a taxi or ride-share (e.g. Free Now)
  • Were on public transport (bus or coach)
  • Were a passenger in a work vehicle
  • Were injured as a child or vulnerable passenger

The person or entity responsible for the crash — whether the driver of the vehicle you were in, another driver, or a third party — can be held liable for your injuries and financial losses.

Who Do You Make the Claim Against?

The party responsible for the accident is the one your solicitor will make a claim against. This could be:

  • The driver of the vehicle you were in (if they were at fault)
  • Another driver involved in the collision
  • A third party (e.g. local authority for road defects, an uninsured driver, etc.)
  • The insurance provider of the responsible driver

In some cases, liability may be shared between multiple drivers. That’s why it’s so important to seek legal advice early — especially when you’re not sure who caused the crash.

What Can You Claim For?

If your claim is successful, you may receive compensation for:

  • Pain and suffering caused by physical or psychological injuries
  • Medical expenses including GP visits, scans, surgery, physio, or prescriptions
  • Loss of earnings if you missed work due to your injuries
  • Travel expenses for medical appointments
  • Long-term care or rehabilitation costs, where applicable

All of these are considered when your solicitor submits your application to the Personal Injuries Assessment Board (PIAB) â€” the body responsible for assessing most personal injury claims in Ireland.

What If the Driver Is a Friend or Family Member?

This is a common concern — you may hesitate to claim if the driver is someone you know. But remember:

  • You’re claiming against their insurance, not them personally.
  • Motor insurance exists to cover the costs of accidents and injuries.
  • Drivers expect their insurance to step in if someone is injured, even if they know the person.

In many cases, friends and family are supportive of the claim, especially if you’ve suffered serious injuries and need help with costs or care.

What to Do If You’re Injured as a Passenger

If you’ve been hurt in a car accident, take the following steps as soon as possible:

1. Seek Medical Attention

Even if your injuries seem minor, visit your GP or A&E to ensure they’re documented. Delayed symptoms — especially whiplash or head injuries — can worsen without treatment.

2. Report the Accident

Ensure the accident is reported to GardaĂ­. If it occurred in a taxi or public vehicle, report it to the company or local authority.

3. Keep Records

Gather medical reports, receipts, and evidence of expenses. If possible, take photos at the scene and get contact details of any witnesses.

4. Speak to a Personal Injury Solicitor

Early legal advice ensures your claim is submitted correctly and within the legal timeframe.

How Long Do You Have to Make a Passenger Injury Claim?

In most cases, you have two years from the date of the accident to make a personal injury claim in Ireland. However, this can vary depending on:

  • Whether you were under 18 at the time of the accident
  • When you became aware of your injury or its impact
  • Whether there were delays in identifying the responsible party

It’s best to contact a solicitor as soon as possible to protect your rights and avoid missing critical deadlines.

Can You Claim If the Driver Was Uninsured

Yes — if the at-fault driver was uninsured or left the scene (a hit and run), you may still be able to claim through the Motor Insurers’ Bureau of Ireland (MIBI). This organisation provides compensation in cases involving uninsured or unidentified drivers.

Your solicitor will advise you if the MIBI route is necessary and manage the application on your behalf.

You can learn more about the MIBI at mibi.ie.

Why Choose Martin A. Harvey & Co. for Your Passenger Injury Claim?

  • ✔️ Specialists in road traffic accident claims
  • ✔️ Decades of experience with PIAB and court proceedings
  • ✔️ Clear, compassionate guidance at every stage
  • ✔️ Strong track record of achieving fair compensation

Whether your injuries are minor or life-altering, we’ll ensure your claim is professionally managed, thoroughly documented, and treated with the attention it deserves.

Injured as a Passenger? Get in Touch Today

If you’ve been injured while travelling as a passenger in a car, taxi or public transport, don’t leave your recovery — or your legal rights — to chance.

đź“ž Contact Martin A. Harvey & Co. Solicitors today for expert legal advice on your personal injury claim.

We’ll help you understand your options and guide you through every step of the process — from PIAB to settlement or court, if necessary.

Slip, Trip and Fall Accidents: What You Need to Know

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Why Slip and Fall Accidents Deserve Immediate Legal Attention

Slip, trip and fall accidents are among the most common causes of personal injury in Ireland. They can happen anywhere, from supermarkets and restaurants to footpaths and workplaces. While some may brush off a fall as minor, these incidents can lead to serious injuries and significant costs.

At Martin A. Harvey & Co., we frequently assist clients who have suffered falls due to unsafe conditions. In this publication, we highlight the most frequent oversights people make after a fall and offer practical guidance to help you protect your claim from day one.

1. Not Reporting the Accident Immediately

Many people fail to report the incident to the property owner, shop staff or local authority.

Why This is a Mistake:

  • Without a formal incident report, the defendant may later deny that the accident occurred.
  • Witnesses or staff may forget key details over time.

How to Avoid It: 

  • Inform someone in charge as soon as the fall happens. 
  • Request that the accident be recorded in an incident log. 
  • If on public property, report it to the relevant council or the GardaĂ­.

2. Failing to Gather Evidence at the Scene

A fall often causes immediate distress, but taking time to document the area can make or break your claim.

Why This is a Mistake:

  • Hazards such as wet floors, broken pavement or poor lighting may be repaired quickly, erasing vital evidence.

How to Avoid It: 

  • Take clear photographs of the hazard and surrounding area. 
  • Note the time, date and weather conditions. 
  • Ask witnesses for their contact details.

3. Not Seeking Medical Attention Promptly

Even minor falls can lead to injuries that worsen over time.

Why This is a Mistake:

  • Delayed treatment may lead insurers to question the seriousness or cause of your injuries.

How to Avoid It: 

  • Visit your GP or hospital as soon as possible. 
  • Follow medical advice and attend all appointments. 
  • Retain all medical reports and receipts.

4. Waiting Too Long to Contact a Solicitor

Under Irish law, you usually have two years to initiate a personal injury claim.

Why This is a Mistake:

  • Evidence may become harder to collect.
  • If the PIAB application isn’t submitted in time, your case may be statute-barred.

How to Avoid It: 

  • Contact a solicitor early to ensure deadlines are met. 
  • Begin your PIAB application with proper documentation.

5. Overlooking Liability and Insurance Issues

Sometimes, clients assume there’s no point claiming because the responsible party doesn’t appear to have insurance.

Why This is a Mistake:

  • Liability can often be shared between occupiers, property owners or insurers.

How to Avoid It: 

  • Speak with a solicitor to determine who is legally responsible. 
  • Allow your solicitor to investigate whether liability insurance applies.

Conclusion: Don’t Let a Fall Derail Your Life

Slip and fall claims can be complex, but timely action and proper documentation are crucial to ensuring fair compensation. From broken bones to loss of income, the consequences of a fall can be long-lasting.

At Martin A. Harvey & Co., we’re here to help you navigate your claim from the very beginning. Contact us today for professional advice tailored to your case.

đź“ž +353-(0)21-4963400
📧 maharvey@martinharvey.ie

Personal Injury Claims for Children in Ireland: What Parents/Guardians Need to Do Immediately

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Why Taking the Right Steps Early Makes All the Difference

Accidents involving children can happen anywhere. At school, in playgrounds, in shops, on footpaths, or during supervised activities. When a child is injured because of someone else’s negligence, the steps you take immediately afterwards can influence the strength of their personal injury claim and the support they receive.

At Martin A. Harvey & Co. Solicitors, we have years of experience helping parents navigate the unique legal process involved when a minor is injured. This guide explains exactly what to do after a child suffers an accident, so you can protect their wellbeing and their right to compensation.

Step 1: Prioritise Your Child’s Safety and Medical Care

Your first concern should always be your child’s health, even if the injury doesn’t seem severe at first.

What to Do:

  • If the injury appears serious, call emergency services immediately.
  • For less urgent injuries, bring your child to your GP or nearest A&E as soon as possible.
  • Request a written medical report outlining the injuries.

Why it matters:

Children often cannot fully express their pain or symptoms. Early medical documentation provides crucial evidence and ensures your child gets the right care from the beginning.

Step 2: Report the Accident to the Responsible Party

Just like adult claims, there must be an official record of the incident.

Who to Notify:

  • School or creche management
  • Sports club organisers
  • Shop or property owner
  • Event supervisors
  • Local authority (if injured in public spaces)

What to Do:

  • Ask for the accident to be recorded in the incident log.
  • Request a copy of the report for your own records.

Why it matters:

An incident report provides a timestamp and an account of what happened, supporting your child’s version of events later on.

Step 3: Gather Evidence at the Scene (If Possible)

Children’s accidents often happen suddenly, but gathering evidence early can make a major difference to the success of a claim.

What to Capture:

  • Photos or videos of where the accident occurred and the hazard involved (broken equipment, wet floors, damaged footpaths, etc.)
  • Names and contact details of witnesses
  • Notes on lighting, weather, supervision levels, or safety warnings

Why it matters:

Hazards can be fixed quickly, and without evidence, it may be difficult to prove negligence later.

Step 4: Document Everything After the Accident

A detailed record of your child’s recovery helps show how the injury has impacted them day-to-day.

Keep Track Of:

  • Changes in symptoms or pain levels
  • GP visits, hospital appointments, and treatments
  • School days missed
  • Extra care your child required
  • Expenses such as medication, travel, physiotherapy, or specialist support

Why it matters:

Thorough documentation ensures that all costs, current and future, are included in the claim.

Step 5: Understand How the Law Works for Children

Children’s personal injury claims operate under different rules. They cannot bring the claim themselves.

Key Legal Points:

  • A parent or guardian acts as the “Next Friend” in the claim.
  • The standard two-year time limit does not start until the child turns 18.
  • However, it is strongly recommended to start the process immediately.

Why it matters:

Waiting years to begin a claim makes gathering evidence far more difficult. Acting early protects your child’s rights and strengthens their case.

Step 6: Know That All Settlements Must Be Approved by the Court

Even if both sides agree on a settlement, it must be reviewed by a judge.

What Happens:

  • Your solicitor applies to the court to approve the settlement.
  • The judge ensures the compensation is fair and in the child’s best interests.
  • The money is then placed in a court-managed fund until the child turns 18.

Why it matters:

This process protects children from being under-compensated.

Step 7: Seek Legal Advice Before Proceeding with PIAB

In Ireland, almost all personal injury claims, including children’s cases, must first go through the Personal Injuries Assessment Board (PIAB).

What Your Solicitor Will Do:

  • Submit the PIAB application
  • Gather medical and expert reports
  • Handle communication with insurers
  • Represent your child if the case proceeds to court

Why it matters:

Children’s claims are more complex, and expert legal guidance ensures the process runs smoothly and that compensation reflects your child’s needs today and in the future.

Conclusion: Protecting Your Child Starts with the Right Guidance

A child’s injury can be incredibly distressing, but taking the correct steps early can make a lasting difference in their recovery and long-term support. From medical care to evidence gathering and legal procedures, each stage plays an important role in securing the compensation your child deserves.

At Martin A. Harvey & Co., we are committed to helping families navigate this challenging process with clarity and compassion. If your child has been injured, we’re here to help you every step of the way.

Contact us today for confidential, professional advice.

đź“ž +353 (0)21-4963400
📧 maharvey@martinharvey.ie

Injured in a Car Park: Who Is Responsible and Can You Make a Claim?

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Injured in a Car Park: Who Is Responsible and Can You Make a Claim?

Car parks, whether at supermarkets, shopping centres, office blocks or apartment complexes are often overlooked as accident hotspots. But the truth is, accidents in car parks are surprisingly common, and the injuries they cause can be just as serious as those sustained on the road or at work.

So, if you’ve slipped on a wet surface, tripped on uneven paving, or been hit by a vehicle in a car park, what are your rights?

At Martin A. Harvey & Co. Solicitors, we’ve represented many clients in personal injury claims arising from car park incidents across Ireland. Here’s what you need to know.

Types of Car Park Accidents

Accidents in car parks can take many forms, such as:

  • Slip and fall on wet or icy surfaces, oil spills, or moss-covered walkways
  • Trip and fall on broken kerbing, uneven surfaces, or unmarked hazards
  • Vehicle collisions, often at low speeds but still capable of causing injury
  • Pedestrian impacts where a moving car strikes a person walking to or from their vehicle
  • Falling objects such as unsecured signage or debris in multi-storey car parks

Even if the accident seems minor at first, injuries can be long-lasting, particularly whiplash, back strain, or head trauma from falls.

Who Is Liable for Car Park Injuries?

This is often the most confusing part for clients: who is legally responsible?

Liability may fall on:

  • The owner or occupier of the car park (e.g. a retail chain, private landlord, local authority)
  • A third-party contractor responsible for maintenance, lighting or cleaning
  • Another driver, if the injury was caused by a moving vehicle

Under Irish law, property occupiers have a duty of care to visitors, which includes keeping the premises safe and well-maintained. This duty is outlined under the Occupiers’ Liability Act 1995.

If they fail to keep the car park safe, for example, by not gritting ice, failing to repair damaged surfaces, or not warning of hazards, they may be held liable for injuries caused.

Proving Negligence in a Car Park Claim

To bring a successful claim, you’ll need to prove that:

  1. The party in control of the premises owed you a duty of care
  2. That duty was breached through action or inaction
  3. You suffered injury as a direct result of that breach

At Martin A. Harvey & Co., we help clients gather the necessary evidence, which may include:

  • CCTV footage (where available)
  • Photos of the scene
  • Witness statements
  • Maintenance records (if accessible)
  • Medical reports

The sooner you act, the easier it is to preserve this evidence.

What Should You Do After a Car Park Injury?

If you’re injured in a car park, take the following steps as soon as possible:

  1. Seek medical attention even if the injury seems minor
  2. Report the accident to the car park manager or business
  3. Take photos of the hazard and surrounding area
  4. Get contact details for any witnesses
  5. Keep receipts for any related expenses (travel, medication, physio)
  6. Speak to a solicitor to assess if you have a claim

Timing is key. You generally have two years to make a personal injury claim in Ireland, but exceptions may apply, especially in cases involving minors.

Can You Claim Compensation

Yes. If your injury was caused by someone else’s negligence, you may be entitled to claim compensation for:

  • Pain and suffering
  • Medical expenses
  • Loss of earnings
  • Travel costs
  • Future care or rehabilitation needs

Your claim will typically begin with the Personal Injuries Assessment Board (PIAB). Our team will handle this process on your behalf and advise you on whether to accept or reject PIAB’s assessment.

Learn more about how the PIAB process works here.

Why Choose Martin A. Harvey & Co. for Your Claim?

We’ve been helping clients across Cork and Ireland with personal injury claims since 1936. Our approach is:

  • Experienced: Deep knowledge of occupiers’ liability and PIAB procedure
  • Client-focused: We keep you informed and supported every step of the way
  • Results-driven: Our aim is always to achieve the best possible outcome for you

Injured in a Car Park? Talk to Us Today

Don’t wait until it’s too late. If you’ve been hurt in a car park accident, whether by slipping, tripping, or being struck by a vehicle, we can help you understand your rights and take action.

đź“ž Contact Martin A. Harvey & Co. Solicitors today to arrange a confidential consultation with an experienced personal injury solicitor.

We’ll explain your options, handle the legal process, and work to secure the compensation you deserve.

Delayed Injuries After an Accident: Can You Still Make a Claim?

Posted on by Dyjaho_Admin

As experienced personal injury solicitors, one of the most common questions we hear at Martin A. Harvey & Co. is:
“Can I still claim compensation if my injury didn’t appear right away?”

The short answer is yes, delayed injuries can still form the basis of a personal injury claim in Ireland, but they often require careful documentation, legal expertise, and prompt action.

Whether you’ve been in a road traffic accident, workplace incident, or slip and fall, it’s crucial to understand your rights, timelines, and what to do next.

What Are Delayed Injuries?

A delayed injury is one where the symptoms don’t present immediately after the accident but instead develop in the hours, days, or even weeks that follow.

This delay is quite common, especially in high-stress or adrenaline-filled situations where the body masks pain and trauma.

Common Delayed Injuries After an Accident

Some of the most frequently reported delayed injuries include:

  • Whiplash
    Soft tissue damage in the neck or shoulders often appears a day or two after a car crash.
  • Concussions or Mild Traumatic Brain Injuries
    Headaches, dizziness, memory issues, or fatigue may not be immediately noticeable.
  • Internal Injuries
    Internal bleeding or organ damage can develop subtly and become dangerous if not treated.
  • Back Injuries
    Herniated discs or muscular strains can flare up days after the incident.
  • Psychological Trauma (PTSD, anxiety, depression)
    Emotional distress may emerge well after physical injuries have healed.

Even if the injury is not visible or was not initially reported, it does not mean you’re ineligible for compensation.

Why Do Some Injuries Take Time to Show?

Adrenaline mask: After an accident, your body may go into shock or release adrenaline, which temporarily hides pain.

Slow progression: Certain injuries, especially to soft tissue or joints, may only become painful as swelling or inflammation increases.

Delayed diagnosis: You may not realise the extent of an injury until medical tests or specialist evaluations are completed.

Can You Still Make a Personal Injury Claim in Ireland?

Yes, Irish law allows for personal injury claims based on delayed symptoms, provided they can be medically and legally connected to the original accident.

However, it is critical that you:

  • Seek medical attention as soon as symptoms appear
  • Document all treatment and medical records
  • Consult a solicitor early to preserve your legal rights

Even if time has passed, you may still be within the legal time limits.

What Is the Time Limit for Making a Claim?

In most personal injury cases in Ireland, you have two years from the date of the accident to start your claim.

However, in cases of delayed injuries, the two-year time limit may begin from the “date of knowledge” the point at which you first became aware (or should have become aware) that:

  • You were injured
  • The injury was related to the accident
  • Another party may be at fault

This nuance is provided under the Statute of Limitations, but it can be complicated, so we strongly recommend seeking professional legal advice as soon as possible.

Learn more about time limits for personal injury claims at Citizens Information.

Proving Delayed Injuries in a Personal Injury Claim

To build a successful claim for a delayed injury, you will need:

  • A clear medical report linking the injury to the original accident
  • Witness statements, if available, that confirm the nature of the incident
  • Photos or video evidence of the accident scene (if available)
  • A detailed record of when symptoms began and how they progressed
  • Proof of expenses, such as treatment costs, loss of earnings, or rehabilitation

At Martin A. Harvey & Co., we work closely with medical professionals and accident reconstruction experts to support your case with strong, objective evidence.

What Should You Do if Symptoms Appear Later?

If you begin to feel unwell or notice injury symptoms days after an incident, it’s important to act quickly:

  1. Seek medical care immediately, even if the injury seems minor.
  2. Inform your GP or treating physician that the injury may be related to a specific accident.
  3. Report the incident (if you haven’t already) to the appropriate authority, your employer, Gardaí, or property manager.
  4. Contact a solicitor who specialises in personal injury claims for advice.

Waiting too long could hurt your case, not just in legal terms, but in documenting the injury and connecting it to the original cause.

Why Choose Martin A. Harvey & Co. Solicitors?

With over 80 years serving Cork and surrounding areas, our firm is deeply experienced in handling personal injury claims, including those involving delayed or complex injuries. We offer:

  • Expert legal advice tailored to your circumstances
  • A client-first approach with regular updates and honest guidance
  • A proven track record of negotiating fair settlements and pursuing successful court outcomes

We handle the legal side so you can focus on recovery.

Concerned About a Delayed Injury? We Can Help.

If you’re experiencing pain, discomfort, or psychological symptoms after an accident, even if it’s been days or weeks, don’t assume it’s too late to act.

Contact Martin A. Harvey & Co. Solicitors today for trusted legal advice. We’ll assess your case, explain your options, and guide you through the next steps.

+353-(0)21-4963400

maharvey@martinharvey.ie

What to Expect During a Personal Injury Assessment by PIAB

Posted on by Dyjaho_Admin

Navigating a personal injury claim in Ireland often begins with a process through the Personal Injuries Assessment Board (PIAB). For many, this is the first official step after an accident—whether it occurred on the road, in the workplace, or in a public space.

As experienced personal injury solicitors, we at Martin A. Harvey & Co. understand that the PIAB process can seem unclear or even intimidating to first-time claimants. This blog breaks down exactly how the system works, what timelines to expect, and how to prepare for a smooth and successful claim.

What Is PIAB and Why Is It Required?

The Personal Injuries Assessment Board (PIAB) is an independent statutory body set up to assess personal injury claims in Ireland without the need for lengthy and costly court proceedings. Established under the Personal Injuries Assessment Board Act 2003, PIAB aims to resolve claims in a timely, efficient, and fair manner.

Submitting a claim through PIAB is mandatory for most types of personal injuries, such as:

  • Road traffic accidents
  • Workplace injuries
  • Public place accidents (e.g. slips, trips, and falls)

Medical negligence claims, however, are excluded from PIAB and must go directly through the courts.

The process is designed to be less adversarial, and where both parties accept the PIAB’s assessment, the case can be resolved without court involvement.

The PIAB Process Step by Step

Here’s a clear overview of what happens once your case is submitted to PIAB:

  1. Submitting Your Application (Form A)

The first step in the process is preparing and submitting Form A to PIAB. This form sets out the details of your claim and must be accompanied by:

  • A medical report prepared by your treating doctor
  • Any receipts or documentation for expenses incurred (e.g. prescriptions, physio, loss of earnings)
  • Payment of the PIAB application fee (€45 if submitted online)

Your solicitor plays a vital role here. We ensure all documents are complete, accurate, and submitted within the statutory two-year limitation period from the date of the accident. Incomplete or incorrect forms can delay the process or result in rejection.

2. Notification to the Respondent

Once your application is received, PIAB notifies the respondent (the person, business, or entity you are holding responsible for the injury). The respondent then has 90 days to decide whether to consent to PIAB assessing the claim.

  • If they consent, the process continues and PIAB begins its assessment.
  • If they decline, PIAB issues an Authorisation allowing you to bring the case before the courts.

Respondents often consent because it’s faster and more cost-effective than going through litigation.

3. Medical Assessment (If Required)

PIAB may require you to attend an independent medical examination to verify the extent of your injuries. This is usually arranged near your home and is conducted by a medical professional who is not involved in your treatment.

This report provides PIAB with an objective view of your injury and recovery prospects. The severity of your injury, the recovery timeline, and any long-term consequences all influence the compensation amount.

We review this report carefully and challenge inaccuracies where necessary to ensure your claim reflects the true extent of your injuries.

4. The Assessment of Compensation

Once all documentation is in place, PIAB carries out a detailed assessment using the Personal Injuries Guidelinespublished by the Judicial Council. These guidelines replaced the old “Book of Quantum” and set standardised compensation levels for specific injuries.

The compensation amount will be broken down into:

  • General Damages: Pain, suffering, and impact on quality of life
  • Special Damages: Financial losses, including medical bills, loss of income, travel costs, and future care needs

You won’t be required to attend a hearing or provide oral evidence—everything is done in writing, making the process less stressful for the claimant.

5. Accepting or Rejecting the Award

Once PIAB completes its assessment, both you and the respondent have 28 days to accept or reject the proposed compensation figure.

  • If both parties accept, PIAB issues an Order to Pay, legally obliging the respondent to pay the agreed amount.
  • If either party rejects the assessment, PIAB issues an Authorisation, and you may proceed with a personal injury claim through the courts.

We provide tailored advice at this stage to help you decide whether the PIAB award reflects the true value of your claim or whether litigation may be the better route.

How Long Does the PIAB Process Take?

On average, the PIAB process takes 7 to 9 months from the date the respondent consents to assessment. However, this timeline can vary depending on:

  • The speed at which medical reports are received
  • The complexity of the injury
  • The availability of additional information or clarification
  • Whether additional medical exams are required

At Martin A. Harvey & Co., we proactively manage every stage of the process to keep your case moving forward and avoid unnecessary delays.

What Can You Expect in Terms of Outcome?

Your compensation award will depend on several key factors:

  • Type and severity of injury (based on Personal Injuries Guidelines)
  • Length of time for recovery or any ongoing symptoms
  • Medical treatment received and future care required
  • Financial losses suffered—both immediate and long-term

A well-prepared claim, supported by clear medical and financial evidence, increases your chances of receiving a fair and appropriate settlement.

Do You Need a Solicitor for a PIAB Claim?

While you can submit a PIAB claim on your own, having a specialist personal injury solicitor makes a significant difference in terms of:

  • Gathering and presenting strong supporting evidence
  • Ensuring your injuries and expenses are properly documented
  • Advising whether to accept or challenge PIAB’s award
  • Representing you in court if the claim progresses beyond PIAB

Our role is to protect your rights and help you achieve the best possible result.

Key PIAB Claim Tips

  • Keep detailed records: Document all medical appointments, receipts, and symptoms.
  • Act quickly: You generally have two years to start a claim.
  • Report the accident: Whether to GardaĂ­, an employer, or a premises owner, ensure there’s a formal record.
  • Seek legal advice early: Involving a solicitor early reduces mistakes and improves outcomes.

Need Help with a PIAB Personal Injury Claim?

If you’ve been injured and are unsure about how to start your claim, or are currently going through the PIAB process, we’re here to help.

Contact Martin A. Harvey & Co. Solicitors today for expert legal advice on your personal injury claim. We’ll ensure your case is handled with care, efficiency, and the legal expertise it deserves.

Get in touch today for a confidential, no-obligation consultation.

+353-(0)21-4963400

maharvey@martinharvey.ie

Can I Claim Compensation for Psychological Injuries After an Accident? 

Posted on by Dyjaho_Admin

 Not All Injuries Are Visible 

When people think of personal injury claims, they often picture broken bones, whiplash, or physical trauma. But the reality is, many accidents leave behind invisible wounds—such as anxiety, post-traumatic stress disorder (PTSD), or depression. 

Whether you were involved in a serious road traffic accident, injured at work, or experienced a traumatic event in a public place, the emotional toll can be just as damaging as any physical injury. At Martin A. Harvey & Co., we frequently help clients pursue compensation for psychological injuries resulting from someone else’s negligence. 

In this blog, we break down when and how psychological injuries can form the basis of a personal injury claim in Ireland—and how to protect your rights if you’ve been affected. 

What Are Psychological Injuries in Legal Terms? 

Psychological or psychiatric injuries refer to mental and emotional harm suffered as a result of an accident or incident. These may include: 

  • Post-Traumatic Stress Disorder (PTSD) 
  • Anxiety or panic attacks 
  • Depression 
  • Sleep disturbances or nightmares 
  • Emotional distress or loss of enjoyment of life 

These conditions can severely impact your ability to work, maintain relationships, and carry out everyday tasks. Like physical injuries, they may be short-term or long-lasting. 

Can You Claim for Psychological Injuries in Ireland? 

Yes, you can make a personal injury claim for psychological injuries in Ireland—provided you can demonstrate that: 

  1. The injury was caused by another party’s negligence or wrongdoing, and
  2. The injury has been diagnosed by a qualified medical professional, such as a GP, psychologist, or psychiatrist. 

These types of claims are recognised by the Personal Injuries Assessment Board (PIAB), and the courts, although they are often more complex to prove than physical injuries. 

Common Scenarios That Lead to Psychological Injury Claims 

  1. Serious car accidents, even where physical injuries were minor. 
  2. Workplace accidents, especially in high-risk industries. 
  3. Witnessing a traumatic event, such as a colleague being injured or killed. 
  4. Being the victim of a violent act, such as an assault at work or in a public place. 
  5. Bullying or harassment in the workplace, leading to stress, anxiety, or burnout. 
  6. Medical negligence, where emotional trauma follows a misdiagnosis or poor treatment outcome. 
  7. What Evidence Do You Need to Support a Claim? 

Because psychological injuries are not always outwardly visible, strong medical and supporting evidence is key. 

Essential evidence includes: 

  1. Medical reports from your GP, psychologist, or psychiatrist detailing your diagnosis, treatment, and prognosis. 
  2. A personal injury assessment submitted to PIAB (usually supported by Form B from your medical practitioner). 
  3. Proof of the incident, such as accident reports, Garda records, or CCTV footage. 
  4. Witness statements, if others observed the event or its impact on you. 
  5. A personal journal or record detailing how the condition affects your daily life, work, sleep, and relationships. 
  6. Receipts or invoices for therapy, medication, or related medical expenses. 

How Compensation Is Calculated for Psychological Injuries 

Compensation is generally broken down into two categories: 

  1. General Damages – for pain, suffering, and impact on quality of life.
  2. Special Damages – for out-of-pocket expenses such as therapy, prescriptions, or loss of income due to time off work. 

The Judicial Council’s Personal Injury Guidelines provide benchmark compensation ranges based on the severity of the psychological injury—from minor anxiety to severe PTSD. 

Do You Need a Physical Injury to Claim? 

Not necessarily. However, it is often easier to claim psychological injury alongside a physical one, as the link to the incident may be more straightforward. 

In some cases—such as workplace bullying or psychological trauma from witnessing a tragic event—you can claim for emotional or psychiatric injuries without physical harm, but these claims tend to be more complex and require strong, independent medical evidence. 

How Long Do You Have to Make a Claim? 

The standard time limit for bringing a personal injury claim in Ireland is two years from the date of the accident or the date of knowledge (when you first became aware of the injury). It’s important to speak to a solicitor as soon as possible to avoid running out of time. 

Why Legal Advice Is Essential in Psychological Injury Claims 

Psychological injury claims can be more challenging to prove than those involving physical harm. Insurance companies may downplay or question the seriousness of emotional trauma, and additional medical opinions may be required. 

At Martin A. Harvey & Co., we will: 

  1. Help you collect and present strong medical evidence 
  2. File your PIAB application correctly and on time 
  3. Negotiate a fair settlement on your behalf 
  4. Represent you in court if necessary 

We approach these sensitive cases with discretion, care, and professionalism always putting your well-being first. 

Conclusion: Don’t Suffer in Silence 

If you’ve suffered psychological trauma after an accident, you don’t have to carry that burden alone. Emotional injuries are real, and the law recognises your right to seek compensation. 

At Martin A. Harvey & Co., we’re here to guide you through the claims process with empathy and expertise. We’ll listen to your story, assess your case, and help you take the next steps towards justice and recovery. 

Get in touch today for a confidential, no-obligation consultation. 

+353-(0)21-4963400 

maharvey@martinharvey.ie 

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