cork city solicitors Archives - Page 3 of 3 - Martin A. Harvey & Co Solicitors

What to do after an accident in a public place

Posted on 27 July 202125 August 2022 by Dyjaho_Admin

In recent months we have all been keen to make better use of the great outdoors and enjoy outdoor dining. With many new activities, pedestrian areas and outdoor dining spots opening up, this has meant that the rate of personal injuries and accidents occurring in public places is rising.

At Martin A. Harvey, as one of the top personal injury firms in Ireland, we have been successful in securing compensation for clients who have had an accident or suffered an injury in a public place.

If you have been injured or had an accident in a public place, you should:

Request that the owner of the property or an employee report the accident and document the circumstances, and provide you with a copy of this report;
Take photos where possible / if appropriate. Make sure you take as many as you can with varying angles to ensure a full picture can be obtained on review;
If you have been injured, make sure you seek medical help;
Speak to a solicitor.

If you feel that another party may be at fault following your accident, you should consider:

Did your accident happen in a public place?

This is the most important question you should establish – understanding the environment in which you were injured is vital in establishing who will be held responsible for your injury. By definition, a public place is:

Any area that is intended for use by members of the public such as a road, outdoor area, vehicle that is carrying persons, or any premises that you have been granted access to by express or implied permission.

Examples of these usually include pathways, roads and parks that are poorly maintained or have uneven surfaces, are littered with potholes or have obstructions on access routes.

Was your accident avoidable?

For a claim to success, you or your legal team must prove that the accident was avoidable, ie: that the organisation in charge of the facility failed to keep the area free of danger to those using it. To prove negligence on behalf of the property administrator, you will need to demonstrate:

That the Local Authority or organisation had an obligation to the public to a) not to do anything or b) failed to anything that would cause you to be injured;
The Local Authority or organisation consciously made a decision that resulted in these points;
It could be reasonably expected that an accident would occur as a result of this;
That the Local Authority or organisation did not operate the standard of conduct to be expected, thus resulting in the injury.

No matter the circumstance of your accident, personal injuries specialists Martin A. Harvey & Co. are ready and available to provide legal advice that will ensure the best result for you. As a small team, you will be greeted with a friendly and personal service.

Call today (021) 427 1006, freephone 1800 396 396 or email maharvey@martinharvey.ie. We look forward to helping you.

Back to Work & Workplace Accidents

Posted on 25 June 202116 August 2022 by Dyjaho_Admin

BACK TO WORK – ACCIDENTS IN THE WORKPLACE ON RETURN FROM POST COVID-19 LOCKDOWN

Under the Health & Safety at Work regulations in Ireland there are very clear obligations for employers to ensure the safety of staff and visitors on their premises and prevent workplace accidents.

If you are an employer, you have legal obligations to safeguard all people in your workplace. There are health and safety rules covering a wide range of issues such as the use of computers in the workplace, regulations on working with hazardous materials, construction regulations, manual handling regulations and many others.

Nervous about returning to work?

There is a need for increased vigilance when it comes to implementing health and safety procedures for employees soon returning to work. Hazard audits may not have been carried out during lockdown and there has certainly been reduced consultation between employers and employees in regards to real and perceived hazards.

The implementation of safety procedures to minimise new hazards has been sporadic, inconsistent or non-existent as a result of lockdown. Furthermore, resuming normal workplace activities after such a long period of enforced inactivity may result in a significantly altered workplace and new dangers and hazards. This comes with an increased risk around health and safety policy, procedures, and hazard audits.

It is at times like this, when we are most likely to forget about safety audits, that we must remember to proceed with them the most.

3 Easy Steps for Employers

Here are some simple steps that employers should consider in order to ensure that they are putting the safety of staff and visitors first.

1) Consideration should be given to possible changes in the workplace with an emphasis on new hazards. Carry out a full safety audit and hazard audit, ergonomic review and brief all employees before recommencing work.

2) After such prolonged absence, all staff should be refreshed on existing health and safety procedures, and updated on new health and safety procedures. These procedures will come about following the safety and hazard audit

3) New procedures and health & safety measures identified in the hazard audit of the new or enhanced work environment should be discussed fully with employees, and should be implemented comprehensively .

Had a workplace accident ?

Doctor’s appointments to attain medical reports for the Injuries Board process can be difficult to organise at the moment, but we can help you to arrange a medical review. The Injuries Board will accept applications filed by applicants or their injury solicitor without a medical report, which will help to speed up your case.

If you’ve experienced an injury in the workplace, please feel free to contact us here at Martin A. Harvey & Co. Solicitors on 021-4963400 freephone or email us at maharvey@martinharvey.ie.

The Complete Guide to Personal Injury Claims

Posted on 22 June 202116 August 2022 by Dyjaho_Admin

Thousands of personal injury claims are made in Ireland each year. Road or motoring accidents are the most common – accounting for 70% of all claims in 2018. But what is a personal injury* claim? And what does the application process entail?

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. This guide is designed to help you to know what to expect during the claims process.

If you have an injury claim case for compensation, please contact us and one of our expert team will help to determine if you have a valid case.

What is a personal injury* claim?

A personal injury* claim refers to the legal action taken by a person after they have been involved in an accident or injured because of the actions or negligence of another person or entity. A claim seeks compensation for the accident or injury such as damages, cost of medical care, loss of wages due to missed work, and psychological trauma.

If you have been involved in an accident where you have suffered injuries as a result of somebody else’s wrong doing, then you may be entitled to make a claim.

Types of personal injury* claims

Most cases will fall under one of the following common personal injury* claim types:

Road Accidents*

Road accidents claims* are any type of accident or injury sustained on the road by road users including motorists, cyclists, and pedestrians. Some examples of these types of claims are:

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*

Work accident* claims (also known as employer liability* claims) refer to any accident or injury sustained in the workplace as a direct result of the negligence of the employer or fellow employees. Some common accidents or injuries at work 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*

Public claims (also known as public liability* claims) refer to any accident or injury sustained in a public place as a result of improperly maintained as a safe environment for public use. 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*

Who is involved with a claim?

The Claimant

The Claimant, also known as the Plaintiff, is the injured party making a claim.

The Respondent

The Respondent, also known as the Defendant, is the person or entity who the Claimant holds responsible for the accident or injury.

The Personal Injuries Assessment Board

The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury* claims. All personal injury* claims in Ireland (except for cases involving medical negligence) must be submitted to the PIAB.

The PIAB provides an independent assessment of personal injury* claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the Respondent) does not want the PIAB to assess your claim for compensation, you can take your claim to court.

The Solicitors

A solicitor will help look out for your best interest, protect your rights and help provide an accurate picture of the true extent of your injuries and suffering (physical and psychological) either now, or in the future.
They will:

Take detailed instruction from you
Uplift a Comprehensive Medical Report from your treating physician
Prepare and submit a complete Application with the PIAB
Provide the necessary advice as to whether a PIAB Assessment should be accepted or rejected
If necessary, arrange for the necessary Court proceedings to be drafted and then represent you in Court

The Insurers

The Respondent’s insurers are typically who is responsible for the payment of an awarded compensation.

How to make a claim

Speak with a solicitor
Contact the responsible party
Establish your medical history
Fill out an Injury Claim Application
Submit application
Awarding of claim

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 injuries claim, it is often the case that the Board will proceed to make an assessment in this matter.

The PIAB is also not empowered to deal with medical negligence claims as these are excluded the Personal Injuries Assessment Board Act 2003 as amended.

In general, if a case is complicated in terms of injuries or indeed liability, then the Board will often exercise its discretion and refuse to deal with the case as they are constrained by time limitations.

FAQs about Personal Injury* Claims

How do I know if I have a claim?

Our team of personal injury* specialists can help advise about your case. We will take the time to learn about you and the situation and make sure you understand your rights.

Generally, to be eligible for a claim, you must meet the following criteria:

You have been in an accident or injured where someone else is at fault
The accident needs to have happened within the last two years

What type of claims are not assessed?

PIAB does not assess the following claims:

Medical negligence claims*
Assault claims*
Cases, where the injuries sustained, are wholly psychological

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

Do I have to instruct a solicitor to make a claim?

No, you are not legally obligated to instruct a solicitor to make a personal injuries* claim. However, suffering from a personal injury can be a very traumatic experience. It can take many forms including physical injury and pain and psychological pain such as fear, anxiety, depression, reduced vitality and psychiatric illness.

This pain and suffering is often ignored by insurance companies if approached directly in order to reach a quick settlement. A solicitor will help look out for your best interest, protect your rights and provide an accurate picture of the true extent of your injuries and suffering either now, or in the future.

Is there an application fee?

There is a fee to submit the application to the PIAB and a fee for

How much are legal fees?

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

How long will it take?

On average, claims made to the PIAB are assessed in just over 7 months from when the Respondent consents to have the claim assessed by the PIAB. Personal injury claims taken in the courts can take up to 36 months.

Are there time limits?

Yes, there is a certain window of time in which to make a personal injury* claim following an accident. A Claimant must notify the Respondent within one month of their intent to make a claim. Then, a person has two years less one day from the date of knowledge of their injury to bring a claim forward.

What is the date of knowledge?

The date of knowledge refers to the date on which the injured person gained knowledge of the following facts. In many cases, the date of knowledge will be the day of the accident if the injuries are immediately noticeable. However, in some cases, an injury or illness may not manifest for some time after the accident. In these cases, the date of knowledge is the date they found out they were injured.

The law is different for persons under the age of 18. In law these persons are called minors and the Rules in terms of taking claims and time restrictions are much easier for minors than they are for persons over the age of 18 who are deemed to be legal adults.

A person under the age of 18 has two years from the date of their 18th birthday to take a claim for personal injuries* arising out of an accident during their minority.

What are the award amounts?

The Book of Quantum is a general guide to the amounts that may be awarded, and legislation requires PIAB to regard it when assessing claim values. The Book of Quantum give us a guideline of a value for the injury you have sustained, but there are other factors that may be taken into account when making a claim, such as:

Loss of earnings, past and future
Medical bills, past and future
Other out of pocket expenses, for example, travel costs

Your solicitor will help you interpret the PIAB assessment and together you may come to a decision. Important to note is that you have the final say in whether to settle the case at this stage.

What is Contributory Negligence?

Contributory negligence is when the Claimant is found to have contributed to the situation which caused the accident or increased the severity of their injuries. This will reduce the potential award amount. Consulting an experienced solicitor can help minimise contributory negligence that may prevent you from receiving the maximum compensation to which you are entitled.

Get Started on a Claim

In respect of Personal Injuries* Litigation, our expertise at Martin A Harvey & Co. Solicitors range in the following circumstances:

Accidents at work/workplace accidents*
Local authority claims / trip-and-fall cases*
Road traffic accidents*
Fatal injuries actions*
Garda compensation cases*
Nervous shock / post-traumatic stress cases*
Criminal Injury Compensation Tribunal*

If you would like to discuss a personal injury* that you have suffered, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you.

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

COVID-19 – Where do employees stand?

Posted on 21 June 202116 August 2022 by Dyjaho_Admin

In light of the unprecedented situation facing us at the moment, many employees have unfortunately found themselves self-isolating, on sick leave, laid off or on reduced hours. If you find yourself in this situation, you should be aware of your employee rights and the supports available to you.

Temporary Layoff

A layoff occurs when an employer is temporarily unable to provide an employee with work.

Many contracts of employment specifically provide for such a situation and state that such layoffs will be unpaid. In the event that there is no contractual provision, employers may be able to rely on an implied right based on custom and practice in the organisation, industry or even trade.

The COVID-19 Pandemic Unemployment Payment provides support for the self-employed or employees who are laid off temporarily without pay due to the COVID- 19 pandemic for a 12-week period. You should apply for the new social welfare payment payments via MyWelfare.ie.

Alternatively, Employers can avail of the Temporary Wage Subsidy Scheme which has replaced the Employer COVID-19 Refund Scheme. The scheme allows an employer to keep you on payroll and provides a refund to eligible employers of up to 70% of an employee’s wage up to a maximum of €410 per week. You should discuss the possibility of the application of this scheme directly with your employer.

Short Time

If you were placed on short-time working (i.e. reduced hours) as a result of COVID-19, you may apply for Short Time Work Support Payment. The entitlement to this payment is based on your PRSI record and the number of days you are not working. To qualify, you must have been previously working full-time and now working 3 days or fewer per week.

Redundancy

Ordinarily, if layoff or short time continues for 4 weeks or more or for 6 weeks in a period of 13 weeks, an employee may serve written notice of intention to claim redundancy on his/her employer. During the COVID-19 emergency period, which is set as 13 March – 31 May 2020 but could be extended, you will not be able to claim redundancy from your employer if you were laid off or put on short-time work as a result of the COVID-19 pandemic.

Self-Isolation/Diagnosis of COVID-19

If you have been directed to self-isolate or have been diagnosed with COVID-19 by a doctor, you may apply for an Enhanced Illness Benefit Payment of €350 per week for up to two weeks. You must be confined to your home or a medical facility in order to be eligible.

Your doctor must provide a medical certificate regarding the self-isolation or diagnosis to the Department of Employment Affairs and Social Protection to commence the application process. Then you will need to complete an Illness Benefit Application Form (IB1).

An employee’s right to sick pay from their employer depends on their individual contract of employment. Employers are not legally obliged to pay employees during sick leave unless it is a term (expressed or implied, depending on the circumstances) of the employee’s contract.

How do I access the various payments/benefits?

Where possible, apply online or by post for the various payments and benefits. Calling into the Intreo offices should be avoided for social distancing reasons as they are expected to be busy.

Useful External Links/Contacts

The application form for COVID-19 Pandemic Unemployment Payment
Applications for Jobseekers Payments can be made on www.mywelfare.ie
Enhanced Illness Benefit Payment application forms are available by contacting 1890 800 024 or by requesting a friend or family member to collect one from your GP surgery/local Intreo Office.
An Income Support Helpline for COVID-19 can be reached at 1890 800 024/ 01 248 1398

Employees and employers should monitor the situation and the Government and Department of Employment Affairs and Social Protection’s updates regularly as further information may become available and measures may change.

For further information, please contact the team at Martin A. Harvey & Co. Solicitors on 021 496 3400, email us at maharvey@martinharvey.ie or contact us via our website.

Buying a home? Here’s what you need to know

Posted on 20 June 202116 August 2022 by Dyjaho_Admin

If you’re actively looking to buy a new home, now’s the time to seek out a property conveyancing solicitor — they handle the legal transfer of property ownership. A solicitor works in your best interest to oversee the legality of the sale and to ensure the protection of your legal interests during the entire transaction. For many people, this will be their first real experience of engaging with a solicitor. Here’s what you can expect.

Agree of sale

The conveyance usually begins at the office of the auctioneer. As a purchaser, you will be required to pay a booking deposit for the house to an auctioneer. As this is not a binding agreement, the deposit is fully refundable. Your next step is to instruct a trusted solicitor like Martin A Harvey & Co. Solicitors to act on your behalf in the sale of the property. If the property is not new, your solicitor should advise you to have a full structural and planning survey carried out by a qualified architect or engineer. This is an essential step as ‘Buyer Beware’ still operates as the law today. So once the contracts are signed, you agree to take the property as it was at the time of the sale.

Dealing with your bank

The seller’s solicitors will draft Contracts for Sale for the property and send them, along with the Title Deeds, to your solicitor. If you’re taking out a mortgage, the financial institution will generally require you to instruct a solicitor as the bank will send the mortgage documents directly to them for review and your signature.

The pre-contract enquiries

Your solicitor will then investigate the title documents for issues relating to planning and environment searches, rights of way, or the responsibility for maintaining the property’s roads and services. Once the contracts are signed, you will obtain a ‘good marketable title’ to the property. This is a key condition of the financial institution for their loan offer as it means there will be no issues if you wish to sell the property later.

Contract of sale

The solicitors on both sides of the sale help negotiate the terms of the contract. After all terms have been agreed to and the title to the property thoroughly investigated, then the contract is signed. Now both parties are bound to complete the sale. This is when you pay a ‘contract deposit’— generally agreed as being 10% of the purchase price of the property less the booking deposit. A closing date for the sale will be agreed between the parties. In addition, your solicitor contacts the lending institution on your behalf for the drawdown of the loan funds. Note, the financial institution will often require you to take out life and home insurance policies before releasing the funds.

Closing the sale

On closing day, the seller’s solicitor will carry out ‘closing searches.’ These are Judgement, bankruptcy, Revenue and Sheriff searches which are carried out on both you and seller. Once satisfied with the results of the searches, your solicitor will release the balance of the purchase price to the seller’s solicitor. Then you’re given the keys, and you can now officially move in!

Stamp Duty & Registration of Title

The final stage of the conveyancing process involves the stamping of the Transfer Deed and registering the title with the Property Registration Authority. If you are in need of a trusted property conveyancer, call Martin A. Harvey & Co. Solicitors at 021 496 3400 or email at maharvey@martinharvey.ie. We will be happy to assist you.

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