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What is a medical negligence claim?

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If you have suffered a personal injury that has been caused as a result of medical practice, you may be in a position to make a medical negligence claim. 

Medical negligence can be defined as any action by medical staff or members of hospital / clinic 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)

What are the most common types of medical negligence claims?

There are many different reasons you might seek to put forward a medical negligence claim, but there are several instances that occur most often. These include: 

  • Pregnancy and birth injuries
    These cases will usually involve the mother or child suffering an injury either through the perinatal period (the weeks immediately before and after the birth), preceding or during the delivery, or during the neonatal care phase (referring to babies born before 37 weeks gestation);
  • Failure to investigate and treat medical issues
    Where a patient’s situation or complaint receives insufficient investigation or treatment by the attending medical professional. These circumstances are common in accident and emergency settings;
  • Negligent medical advice and/or care
    Circumstances might include situations where a medical professional does not follow the specific instructions set out by a consultant in terms of a patient’s care – such as using an incorrect course of medication or incorrect application of these instructions, which are detrimental to the patient’s health. It might also be a case where a GP fails to refer their patients to a relevant consultant despite it being warranted;
  • Medical misdiagnosis or delayed diagnosis
    These cases might involve a diagnosis that is missed completely, made in error, or significantly delayed thereby causing harm to the patient;
  • Surgical negligence or error
    In these cases, a foreign object may not have been removed from the body after a surgery or unnecessary damage might have been caused during the surgery, such as injuring another organ. For a successful case, the cause of the injury must be a result of negligent treatment or behaviour, and not due to something outside of the surgeon’s control.

If I have suffered emotional distress as a result of medical negligence, am I still entitled to make a claim?

While psychological distress can be more difficult to quantify in a medical negligence claim, it can still be a valid claim if the psychological injury / injuries have been directly caused by the case in question.

In order to substantiate your medical negligence claim, you will need to show that you have suffered from a recognised psychiatric injury. The World Health Organisation’s book on this matter details these injuries in full, however the most common psychiatric issues that would fall under this include:

  • Post-traumatic stress disorder
  • Depression
  • Panic attacks or severe anxiety
  • Adjustment disorders (an emotional or behavioural reaction to a stressful event or change in a person’s life)

In this case, you will need to undergo a review by a consultant psychiatrist in order to substantiate your medical negligence claim.

How do I make a medical or dental negligence claim?

To be eligible for a medical negligence claim, you will need to establish that 1) a doctor-patient relationship existed, and 2) prove that the medical professional was negligent. Your first step should be to consult a solicitor who will be able to review your medical expert and assess the viability of your claim, and begin the next steps such as instructing an independent report.

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 medical injuries and negligence* cases. 

If you would like assistance regarding your medical negligence* claim, please contact our team here 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.

Accidents Involving Public Transport

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As the festive season gets underway, many of us may be making more use of public transport options to avoid the lengthy delays and difficulties finding parking that are common in so many towns and cities at this time of year. As a passenger, the responsibility falls on the driver or conductor to follow all safety procedures to transport you safely to or from your destination. Whether you use public transport on a regular basis, or only on a rare occasion, it can be very unsettling and upsetting if you suffer a personal injury or accident while travelling. If you have suffered an injury in a public transport accident that was not your fault, you may be entitled to claim compensation. 

Types of Accidents 

There are many types of claims that can result from an accident on a bus. You might have had a trip or fall while on the bus, or getting on or off the bus; been involved in a collision with another vehicle; or an injury sustained on the bus due to poor driving.

Likewise, on a train or tram, you might have suffered an accident while boarding or disembarking the train, or encountering faulty electric doors; you might have encountered a trip or slip hazard such as wet floors that have not been properly identified and dealt with; the train might stop suddenly causing objects to be dislodged or fall, or you yourself might fall onboard as a result. We also regularly hear about tram (Luas) collisions with pedestrians or road traffic accidents in the news.

If you have been travelling with a taxi, you may sustain an injury during an accident while on your journey. This might be a side impact collision, a head-on collision, or a rear-end collision in a taxi. 

The injuries you might have suffered could include whiplash, broken bones or fractures, cuts or lacerations, back, head or neck injuries, brain or spinal damage, or damage to your legs, arms, feet or hands. 

What to do if you have been involved in an accident while using public transport

If you have been involved in a public transport accident, the first thing you should do is seek medical attention if required. 

  • You should take as detailed an account as possible of the accident including as many details as you can. This should include the taxi registration number and insurance details, or details of any of the drivers and other vehicles;
  • Take photographs or videos of the scene / location if it is safe to do so, as this can also help in assessing the incident at a later stage; 
  • If there are any witnesses, it is recommended that you take their contact details so that their account can be taken into consideration; 
  • Alert the Gardaí – while they might not need to attend every public transport accident, it is important that you report the incident. For any serious accidents, the Gardaí will most certainly need to assess the incident and make a report of the scene. 

Making a Public Transport Accident Claim 

If you have been involved in a public transport accident and have suffered a personal injury, you may be able to make a personal injury compensation claim. If you would like assistance regarding your personal injury* claim, please contact our team here 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. 

Weather Related Accidents at Work

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The winter weather is starting to settle in, and so too is the prospect of severe weather occurrences. Severe may impact on your ability to undertake your work – or attend your place of work, and so you should be aware of where you stand in relation to presenting at your place of work during these warnings. At this time of year, we also hear a lot more about people suffering from a weather related accident at work.

Some of the most common accidents that occur due to poor weather while at work are slips, trips and falls due to surface water, loose flooring or surfaces, inadequate lighting, and slippery surfaces that may be caused due to leaves or ice. This may result in back and neck injuries, breaks, fractures, or leg, hip or shoulder injuries. Other situations might include exposure or cold stress due to working outdoors in bad conditions. 

Your employer must take reasonable steps to keep your work environment safe. If the relevant guidelines are not followed, and you suffer an injury as a result of this, you may be entitled to compensation. 

Weather related accident at work

If you unfortunately have an accident at work, you should firstly seek medical help if you have been injured. 

In cases where your accident or injury 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 

Making a claim can be quite a lengthy and complex process, due to the many stipulations that are required. As such, 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. 

  1. Contact the Responsible Party 

You will need to contact the responsible party (the respondent) in writing within one month of your accident, advising them of the accident and your resulting injury. If this step is not completed within one month, your PIAB application may not be affected, however it may infringe on your case should you take it to court. The respondent must consent to the PIAB assessment within 90 days of your notice – and if they do not want the claim to be reviewed you may take the claim to court. 

  1. Establish your Medical History 

You will need to submit a medical report as part of your PIAB application. This report can be provided by the practitioner who treated the injury in question. 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 injury. 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 of sustaining the injury. Before assessing your claim, the PIAB may carry out an independent medical examination. 

  1. 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.  

  1. 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 accident, 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)

  • It’s a good idea to take photos of your injury or whatever caused your accident, make sure you have contact details for anyone who witnessed your accident, make notes about your accident as soon as possible

If you would like assistance regarding a personal injury* claim as a result of a weather related accident at work, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can. 

If your accident happened in a public place, and not your place of work, please refer to our guide on what to do after an accident in a public place.  

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

What is a Personal Injury Claim?

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A personal injury* claim is a legal case in which the claimant has suffered an injury or illness because of the actions or negligence of another person or entity.

The claim serves to seek compensation from the responsible party for damages caused by the injury, for example medical fees or loss of wages due to missing work.

How do I know if my claim is eligible?

The best way to find out if you have a claim worth pursuing is to contact a personal injury solicitor, who will be able to discuss your claim and advise on whether you can raise a claim.

Overview of Common Terms

If you are pursuing a personal injury claim, you may come across some unfamiliar terms, or terms you may have heard before but don’t fully understand. To help ease any confusion, we have outlined some of the most common terms that may crop up: 

  • A personal injury is an injury of a person’s body, mind or emotions.
  • In a personal injury claim case, the claimant or plaintiff is the person who suffered the injury. 
  • The defendant is the person or entity (such as an organisation) who is responsible for the injury. This party may also be referred to as the respondent.
  • The Personal Injury Assessment Board (PIAB), also called the Injuries Board, is the statutory body that assesses personal injury claims. All personal injury claims, apart from medical negligence claims, must be submitted to the PIAB.
  • There are two types of damages that can be incurred due to a personal injury. General damages are non-economic costs associated with the injury, such as emotional distress. Special damages are the economic costs incurred due to the injury, such as medical fees. This includes any future costs that the claimant will incur, such as ongoing medical fees due to long-term injury.
  • Contributory negligence is a term referring to situations in which the claimant is partially responsible for their injury. You may still raise a claim in this instance.
  • Letter of Claim is sent by the claimant to the defendant. It provides details of the accident and invites the defendant to propose compensation procedures. This letter needs to be served to the defendant within 2 months of the accident.
  • The date of knowledge is the date on which the plaintiff discovered they were injured. This may be the same date as the accident, however some injuries may take some time to develop. Claims must be made within 2 years of the date of knowledge. This 2 year period is called the statute of limitations. If you do not file your claim within this period, you will be statute barred, meaning you are prohibited from raising a claim.
  • If you are making a personal injury claim, you will likely be required to submit a medical report from your GP or the medical practitioner who treated your injury.

What are the most common types of personal injury claims?

According to the PIAB Annual Report 2021, 18% of personal injury claims were public liability claims, 13% were employers liability, and 69% were motor liability. (Source)

Road Accidents*

Road accidents claims* pertain to any type of injury sustained on the road by road users including motorists, cyclists, and pedestrians. Accidents include: 

  • Car accidents*
  • Pedestrian accidents*
  • Rear-end or side-impact collisions*
  • Bicycle accidents*
  • Motorcycle accidents*
  • Accidents due to poorly maintained roads*
  • Bus accidents*
  • Hit and run Accidents*
  • Accidents on the motorway*
  • Passenger accidents*

Work Accidents*

Employers have a duty of care to their employees. If employees sustain an injury in the workplace due to the employer’s failure to fulfil this duty of care, the employee may raise a work accident* claim, also known as an employer liability* claim.

These may include:

  • Construction site accidents*
  • Farm accidents*
  • Dangerous or faulty machinery accidents*  
  • Health and safety violations*
  • Accidents caused by poor lighting*
  • Ladder accidents*
  • Repetitive strain injuries*
  • Faulty personal protective equipment*
  • Manual handling injuries*

Public Claims*

Property and business owners, councils, and government bodies have a responsibility to ensure that any public space that they own is safe for public use.

If someone is involved in an accident in one of these spaces and sustains an injury because the area was not fit for public use, they would have grounds to raise a public claim.

Common public accident* claims include:

  • Slips, trips and falls in public places*
  • Car park accidents*
  • Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
  • Food poisoning from a restaurant*
  • Accidents caused by spillages or wet floors*

Common causes of these kinds of accidents include:

  • Damaged pavements/footpaths
  • Untreated roads, footpaths, cycle paths during winter
  • Failure to display ‘wet floor’ signs in supermarkets
  • Tripping over 

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injury claim, it is often the case that the Board will proceed to make an assessment in this matter.

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)

Unfair Dismissals: An Employer’s Guide

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As an employer, it’s essential to stay informed on employment law. You should know both how to protect yourself against unfair dismissal claims, and what to do if you are faced with one.

Under the Unfair Dismissals Acts 1977-2015, if an employee feels that they have been unfairly dismissed, with or without notice, they may seek redress by initiating a complaint to the Workplace Relations Commission.

As the employer, it will be your responsibility to provide proof that the dismissal was procedurally fair and occurred for fair reasons, namely one or more of the following:

  • The employee’s ability, competence, and/or qualifications for their role
  • The employee’s conduct
  • Redundancy (however, if an employee was unfairly selected for redundancy they may raise an unfair dismissal claim)
  • Gross misconduct, for example assault or stealing
  • If continuing the employee’s contract would infringe on a statutory requirement
  • Or ‘other substantial grounds for dismissal’

(Source)

There are several reasons which would be considered automatically unfair grounds for dismissal, including race, age, or sexual orientation. Read part 1 of this blog post for a full list of these reasons.

Following Fair Procedures

Whether the grounds for dismissal are considered fair or not, you must also have followed the principles of natural justice and fair procedures in dismissing the employee. For example, the employee must have been provided with details of the complaints against them, and they must be allowed to respond to same. (Source) Read the WRC’s Code of Practice on Grievance and Disciplinary Procedures for a full rundown of your requirements in relation to natural justice and fair procedures.

What Would be Required if The Claim is Approved?

The most common form of redress in the case of an unfair dismissal is monetary compensation. Usually, the maximum compensation the employee can receive is up to two years’ losses of earnings. If the employee was dismissed due to a protected disclosure, they can receive up to five years’ salary. (Source)

The employee may also have their previous role reinstated, either with or without financial compensation for loss of earnings during the period between the dismissal and the hearing. However, these two outcomes are less frequently awarded. (Source)

Have You Been Faced With an Unfair Dismissal Claim?

Our team has the expertise necessary to assist you through every step of the process.

Contact us on 021 496 3400 freephone or email us at maharvey@martinharvey.ie and we would be happy to help.

Unfairly Dismissed? What You Need to Know

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If you feel that you’ve been unfairly dismissed, you may be wondering what your rights are, whether you are eligible to submit a complaint, and who to contact.

To help shed some light on a complicated situation, we’ve compiled an overview of what you need to know and do if you think you have been unfairly dismissed.

What are the Criteria for Unfair Dismissal?

The Unfair Dismissals Acts 1977-2015  is the key legislation in Ireland regarding unfair dismissals. According to the acts, your dismissal would be automatically considered unfair if you were dismissed for any of the following reasons:

  • Trade union membership,
  • Religious or political views,
  • Race, sexual orientation, age, or membership of the Travelling community,
  • Pregnancy, giving birth, or breastfeeding,
  • Taking maternity leave, paternity leave, parental leave, parent’s leave, adoptive leave, force majeure leave, or carer’s leave,
  • Unfair selection for redundancy,
  • Your disclosure of ‘wrongdoing at work’ under the Protected Disclosures Act 2014,

(Source)

  • Acting as a party or witness for legal proceedings against your employer.

(Source)

A dismissal may also be considered unfair if an employee has been dismissed without substantial reason or if natural justice and fair procedures have not been applied and followed regarding the dismissal. 

What are My Rights if I’ve Been Unfairly Dismissed?

The unfair dismissals legislation will not prevent your dismissal. Rather, it gives you the right to make a complaint once it has happened. (Source)

Once you’ve issued a complaint, the burden of proof lies with your employer, and they must prove that your dismissal was fair. 

What Should I Do if I Think I’ve Been Dismissed Unfairly? 

Contact a solicitor, who can provide you with legal advice and represent you at case hearings.

To raise your complaint, a Workplace Relations Complaint Form needs to be submitted to the Workplace Relations Commission as a first step.

How do I Know if I’m Eligible to Submit a Complaint?

Be aware that there are certain eligibility criteria in order to proceed with an unfair dismissal complaint against your employer:

  • You must lodge the complaint with the Workplace Relations Commission within 6 months of the date of termination of employment. 

There are also several reasons why the unfair dismissals act may not apply to you, including being a member of the Defence Forces or the Gardaì.

Do You Think You Have Been Unfairly Dismissed?

The subject of unfair dismissals is complex. You want to be guaranteed that your rights are being upheld and that you receive adequate redress. 

At Martin A. Harvey & Co. Solicitors, our experienced team can provide you with advice and guide you through the entire process.

Contact us on (021) 496 3400 freephone or email us at maharvey@martinharvey.ie and we would be happy to help.

Protect Your Legacy: What You Need to Know About Planning A Will

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It’s a subject that many people would rather avoid. However, preparing and executing your will is an important consideration so that you can ensure your legacy is dealt with as you intend. While it may seem morbid to think about, having your affairs in order will ultimately save your next of kin extra time and stress.

How Do I Put a Will in Place?

Your will can be drafted by a solicitor, or you can write it yourself. The benefit of getting a solicitor’s assistance is that you will be assured that your will is legally valid. Your solicitor can also act as the executor of your will, if you wish.

The criteria for a valid will are:

  • It is in writing;
  • The person making the will (known as the testator) is over 18;
  • The testator is of sound mind, i.e. they must have the capacity to decide what to do regarding their will, and they must be able to understand what they are doing;
  • The will is signed or marked by the testator affirming that they have done so with two witnesses present;
  • This signature or mark is placed at the end of the will;
  • The two witnesses also sign the will, and neither of them receive anything in the will.

There is no prescribed format that you must adhere to when making your will, but it must include several items of information, including:

  • Your name and address;
  • Your statement confirming that you renounce any previous wills or codicils (changes that you may have made to your will);
  • Details of one or more executors, who will be responsible for ensuring that the stipulations in your will are implemented after your death.

You can also include a residuary clause, which details what should happen to any of your assets that are not accounted for in your will.

Can I Change My Will After I’ve Made It?

Once your will has been made, you may want to make amendments due to, for example, changes to your assets or relationships. To do this, you can add what’s called a codicil to your will. A codicil is a separate document that contains information of the change you would like to make. However, if you want to make a lot of changes it may be easier to revoke your will and make a new one.

What if I Don’t Make a Will?

Having a will in place is the only way to ensure that your affairs are delegated as you wish after you die. If you don’t have a will, your estate will be dealt with according to the laws of intestacy. The law of intestacy provides that your estate will be distributed based on your relationship with the beneficiaries.

For such a delicate and complex issue, seeking professional advice is highly recommended.

We have the expertise and experience to guide you through wills and probate issues, whether you are an individual seeking peace of mind in regard to your personal affairs and the distribution of your assets following death or an executor tasked with putting the provisions of a deceased person’s will into operation.

Our team at Martin A. Harvey & Co., Solicitors will assist you throughout the process from initial consultation, extraction of grant of probate and finally distribution of the estate.To arrange for a consultation, please contact our team here.

Workplace Accident Claims: Know Your Rights

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At Martin Harvey & Co. Solicitors, we are experts in personal injury claims, so we know that whether you are working on site or from home, work-related accidents are a significant concern.

In 2020, 7,417 non-fatal incidents were reported to the Health and Safety Authority, 96.3% of which were related to workers.

Of these reported incidents, the most common triggers were:

  • Internal injury due to manual handling
  • Slipping or falling
  • Loss of control of object, machine, vehicle, etc.
  • Aggression, shock, or violence
  • Body movement leading to an external injury, such as a cut or bruise

Consistent with these findings, is the fact that the back is the most commonly injured area for workers, making up 20.4% of injuries. (Source)

What to do if you experience a work-related injury

If you experience an accident at work or on your way to work, you should report it to your employer. If you are absent for three consecutive days (excluding the day on which the accident occurred), your employer should report this to the Health & Safety Authority.  For a full rundown on when and how employers should report these incidents, see this guide from the Health & Safety Authority.

Your employer has a duty to ensure your health and safety, including the provision of a risk-free workplace, adequate training, and proper facilities. (Source) Some workplace accidents occur due to negligence on the employer’s part if they do not adhere to health and safety legislation and fulfil their duty of care. 

If you do not have grounds to raise a workplace accident claim against your employer, there are several potential means of obtaining financial assistance in the event of a workplace injury. Your employment contract will tell you whether you can avail of paid sick leave. Note that your employer has no legal obligation to provide this to you. Alternatively, you may be able to avail of the Occupational Injuries Scheme, or, depending on the extent of your injury, illness benefit or disability allowance. (Source)

If you can prove negligence or a lack of fulfilment of legal obligations on the part of your employer, you can raise a workplace accident claim against them. To support your claim, it is important to document the incident. Determine if there were any witnesses or CCTV in operation at the scene of the accident. Seeking medical attention once the injury has occurred will also provide you with medical records to support your claim. In some cases, the employer may try to prove that the injured party holds some responsibility for the accident, which is called contributory negligence. For this reason, it is strongly recommended to seek advice from a solicitor, who can guide you through the claims process and ensure that you are awarded the rightful amount of compensation.

At Martin A. Harvey & Co. Solicitors, we are specialists in the area of workplace accidents. We can provide professional advice with respect to your injuries and your particular rights regarding out of pocket expenses and the loss of your wages. Contact our team using our contact form on 021 496 3400 freephone or email us at maharvey@martinharvey.ie.

Are You Eligible for the Help-to-Buy Scheme?

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The Government’s announcement regarding the extension of the Help-to-Buy Scheme means that prospective homeowners can continue to apply for financial assistance in purchasing a new home until the end of 2022.

If you’re thinking of applying, there are a number of eligibility requirements that you will need to bear in mind. To help you understand this process, we’ve put together a short guide which will give you a better understanding of the scheme.

What is the Help-to-Buy Scheme?

The purpose of the scheme is to assist first-time buyers to purchase new residential builds, or to self-build a residential property. The incentive has assisted many prospective homeowners to get started on the property ladder and has encouraged increased activity in the construction industry. 26,744 claims have been approved on the scheme so far. (Source)

During the unveiling of Budget 2022 on 12th October, the government announced that present scheme rates will remain until the end of 2022.

What are the requirements?

To be eligible for the scheme, you must be a first-time buyer of a newly built apartment or house, or you must be undertaking the self-build of a residential property. The purchase or build must take place between 19th July 2016 and 31st December 2022. As of 1st January 2017, the help-to-buy incentive has applied to properties worth €500,000 or less (Source). Investment properties do not qualify, nor do cash-bought properties. However, properties that are inherited or gifted are eligible. (Source)

Under the scheme, if you are purchasing a new build, you must take out a mortgage of at least 70% of the buying price. If it is a self-build, the mortgage must be 70% of the mortgage provider’s valuation. The purchaser must also reside in the property for a minimum of 5 years after it is bought or built. Revenue has provided a list of developers and contractors that are approved for the scheme.

In July 2020, the maximum refund amount was increased, and this will now be extended until 31st December 2022. To qualify for this enhanced relief, you must have either signed a contract for the purchase of a new house or have drawn down a mortgage for a self-build between 23rd July 2020 and 31st December 2022. (Source)

If you qualify, you can claim a rebate on your income tax and Deposit Interest Retention Tax (DIRT) for the previous four tax years. Successful applicants will receive 10% of the property value, or €30,000, whichever is the lower amount. (Source) (Source)

How do I apply?

You can apply online through myAccount or Revenue Online Service, where you will have to fill out a Form 12 Tax Return. As part of your application, you will be required to provide the contract for your new home, which you can acquire from your solicitor. You will also need to provide details of the property, including its purchase price and completion date. Details of your mortgage lender, your mortgage, and your property developer should also be submitted with your application. If your claim is approved, the refund will be provided to the developer, and then deducted from the price of the property. (Source)

If you would like a personal consultation regarding your application for the Help-to-Buy Scheme, our experienced team would be happy to help. Contact us by calling 021 427 1006, freephone 1800 396396, or email maharvey@martinharvey.ie.

Making a Personal Injury* Claim: Step by Step

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Sustaining a personal injury can be a traumatic experience. 

Whether you are subject to a road traffic accident*, a slip or fall in a public place*, or casualty in the workplace*, you may experience many forms of trauma including physical and psychological pain.**

If you have been involved in an accident wherein you received an injury due to the negligence of another person or entity, you may want to seek compensation by making a personal injury* claim. Read on to find out what steps you should take.

For an introduction to personal injury* claims, read our Complete Guide to Personal Injury* Claims.

Speak With a Solicitor

Making a claim can be a lengthy and complex process, with numerous strict stipulations. For this reason, your first step in making a claim should be to consult a solicitor, who will look out for your best interests and protect your rights. They will also provide help and guidance in submitting your application, procuring your medical report, and providing advice on whether you should accept or reject the assessment made by the Personal Injuries Assessment Board (PIAB). If you take your claim to court, they can arrange for the necessary court proceedings to be drafted and act as your legal representation.

Contact the Responsible Party

You must contact the responsible party, a.k.a. the respondent, in writing within one month of the accident, advising them of the accident and resulting injury. If you do not do this within one month, your PIAB application may not be affected, but it may infringe on your case if you end up taking it to court. The respondent must consent to the PIAB assessment within 90 days of your notice. If the respondent does not want the claim to be reviewed by the PIAB, you may take the claim to court. (Source)

Establish Your Medical History

As part of your application, the PIAB will need to review a medical report. (Source) This report can be provided by the medical practitioner who treated the injury in question. If you are unable to submit a medical report along with your claim application, you can ask your doctor for a note with details of your injury. You can also opt to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application on its own and send the medical report later. However, please note that you must submit all documentation (application, medical report, and fee) within two years of sustaining the injury. (Source) Before assessing your claim, the PIAB may carry out an independent medical examination. (Source)

Fill Out a Personal Injury* Claim Application

As mentioned, personal injury* claims should be sent to the Personal Injuries Assessment Board (PIAB), apart from cases of medical negligence.** 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 can go to piab.ie to fill out the application form. You may submit the form online or by post.

Submit Your Application

When submitting the form, you must include the processing fee. As mentioned, if you have medical documentation at that point, include this with your application. If you have made any financial losses due to the accident, you must include receipts of this with your application. You can also include any other documentation that you deem relevant. (Source)

Remember that you must make the claim within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004. (Source)

Receive a Decision on Your Claim

Once the respondent permits the claim to be assessed by the PIAB, it will take ‘just over 7 months’ on average for a decision to be made. If your claim is taken to court, it may take up 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)

It is usually the respondent’s insurers that are responsible for paying compensation if the claim is awarded. (Source) If either you or the respondent does not accept the award provided by the PIAB, the case may be taken to court. (Source)

If you would like assistance regarding a personal injury* claim, 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.

**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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