legal advice Archives - Martin A. Harvey & Co Solicitors

The Invisible Wounds & Hidden Costs of Personal Injury

Posted on 9 April 202410 April 2024 by Dyjaho_Admin

When we think of personal injury, images of physical wounds and medical treatments instantly come to mind. Yet, hidden beneath the surface, the psychological impact lingers, often going unnoticed and untreated. These psychological effects, coupled with hidden financial costs, can create a vortex of stress and uncertainty for victims.

At Martin A. Harvey & Co., we recognise the magnitude of these challenges and the necessity of addressing them head-on. This comprehensive exploration sheds light on the psychological aftermath and the less obvious financial implications of personal injuries, advocating for a recovery process that acknowledges the full extent of a victim’s experience.

The Hidden Costs of Personal Injuries:

Understanding the Psychological Aftermath:

After a personal injury, the journey to recovery extends beyond physical healing. Victims often experience various psychological responses, including anxiety, depression, post-traumatic stress disorder (PTSD) as well as a profound sense of loss. These emotional responses can disrupt daily life, relationships, and the ability to work, casting long shadows over the recovery process.

Recognising the Signs:

Identifying the psychological effects of personal injury can be difficult as they often manifest subtly and gradually. Symptoms can include persistent sadness, changes in sleep patterns, irritability, withdrawal from social interactions and a loss of interest in previously enjoyed activities. Recognising these signs early is crucial for seeking appropriate care and support.

Navigating the Financial Quagmire:

Beyond the psychological toll, personal injuries unleash a cascade of hidden financial burdens on victims and their families. Medical bills, including hospital costs, for physical and psychological treatment can accumulate rapidly, compounded by the loss of income if the individual is unable to work. The cost of rehabilitation, potential home modifications for severe injuries, and long-term therapy or counselling can strain personal finances to the breaking point.

The Impact on Daily Life:

The psychological toll of personal injury can impact every corner of a victim’s life. It can transform routine tasks into daunting challenges, strain personal relationships and hinder professional ambitions. Moreover, the financial burden of seeking psychological support can add to the stress, creating a cycle that’s hard to break without proper assistance.

The Broader Economic Impact:

The financial strain of personal injury extends beyond immediate costs. Victims may face reduced earning potential, career setbacks or even job loss. Furthermore, the pursuit of mental health support and rehabilitation often necessitates substantial costs, not all of which is covered by insurance or compensation packages. The economic ripple effects can impact a victim’s quality of life for years after the injury occurs.

Navigating the Path to Recovery:

Recovery from the psychological impact of personal injury is a journey, one that requires patience, support, and professional guidance. At Martin A. Harvey & Co., we advocate for a holistic approach to personal injury claims, including compensation for psychological and physical rehabilitation. Access to psychological services, counselling, and therapy should be considered a right, not a luxury, for personal injury victims.

Advocating for Comprehensive Compensation:

Acknowledging and quantifying the psychological and financial ramifications of personal injuries is crucial in advocating for fair compensation. At Martin A. Harvey & Co., we work tirelessly to ensure that our clients’ claims encompass the full scope of their losses — both seen and unseen. Comprehensive compensation is not merely a legal victory; it’s a cornerstone of true recovery, providing the means for victims to access necessary treatments, support their families, and rebuild their lives with dignity.

Why Recognition and Compensation Matter:

Recognising and compensating for the psychological impact of personal injuries are not just legal matters; they are acknowledgements of the full extent of a person’s suffering. Adequate compensation ensures that victims can access the care and support they need to truly recover, helping them rebuild their lives with dignity and hope.

Conclusion:

At Martin A. Harvey & Co., we understand that the wounds you can’t see are often the ones that cut the deepest. That’s why we’re committed to shining a light on the psychological impact of personal injury, advocating for comprehensive recognition and compensation for our clients. If you or a loved one are struggling with the hidden costs of a personal injury, remember, you’re not alone.

Our team is here to guide you through the complexities of your claim, ensuring that every aspect of your suffering is acknowledged and addressed. Let’s work together towards a future where the invisible wounds of personal injury are no longer overlooked, but fully healed.

Medical Negligence in Ireland: Recognising Potential Cases and Seeking Legal Help

Posted on 13 February 202413 February 2024 by Dyjaho_Admin

While we trust medical professionals with our health and well-being, unfortunately, sometimes mistakes happen. These mistakes can sometimes constitute medical negligence, leaving you with physical, emotional, and financial burdens.

Martin A. Harvey & Associates understands the sensitive nature of these situations and wants to empower you with information to recognise potential medical negligence and guide you towards seeking legal help if necessary.

What is Medical Negligence?

In Ireland, medical negligence occurs when a medical professional, through breach of duty of care, causes you harm. This breach could be:

Misdiagnosis or delayed diagnosis: Failing to correctly identify an illness, leading to delayed treatment and complications.
Surgical errors: Mistakes during surgery causing injury or complications.
Medication errors: Prescribing the wrong medication, dosage, or failing to consider allergies.
Failure to inform: Omitting information about risks or treatment alternatives, affects your ability to make informed choices.

Recognising Potential Cases:

Red flags that might indicate medical negligence include:

Unexpected outcomes: Experiencing complications or worsening symptoms after treatment.
Departures from standard practices: Questionable procedures or a lack of communication about treatment options.
Unsatisfactory explanations: Feeling dismissed or having concerns brushed aside by medical professionals.
Significant deterioration in health: A decline in health beyond the expected course of the illness.
Mounting medical bills: Unexpected or excessive charges due to complications or errors.

Seeking Legal Help:

If you suspect medical negligence, consult a legal professional specialising in personal injury law. We at Martin A. Harvey & Associates offer:

Free initial consultations: Discuss your case and understand your options without pressure.
Expert assessment: Evaluate the potential for a medical negligence claim based on facts and evidence.
Representation throughout the process: Guide you through legal complexities and advocate for your rights.
No win, no fee: You pay only if we secure compensation for your case.

Remember:

Time is of the essence: There is a two-year time limit to commence legal proceedings in Ireland for medical negligence claims.
Seek expert advice: Consulting a qualified personal injury lawyer ensures your rights are protected and your case is presented effectively.
Don’t suffer in silence: You deserve compensation for the harm caused by medical negligence.

Contact Martin A. Harvey & Associates today for a free consultation. We are here to listen, guide, and fight for your rights.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for personalised guidance on your specific situation.

Martin A. Harvey & Associates is here to support you through this challenging experience. Contact us today to schedule a consultation.

maharvey@martinharvey.ie

+353-(0)21-4963400 / 4271006

What is a Personal Injury Claim?

Posted on 20 September 202220 September 2022 by Dyjaho_Admin

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

Posted on 21 July 202216 August 2022 by Dyjaho_Admin

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.

Unfairly Dismissed? What You Need to Know

Posted on 28 June 202216 August 2022 by Dyjaho_Admin

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. (S o urce)

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.

You must have completed ‘at least 12 months’ continuous service’ with your employer, however, there are certain exceptions to this rule.

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.

CAMHS Misdiagnosis

Posted on 3 February 202216 August 2022 by Dyjaho_Admin

In April 2021, the HSE stated that it was reviewing the files of over 1,500 children and adolescents who had received care between 2016 and 2020 at Child and Adolescent Mental Health Services (CAMHS) South Kerry. This was a result of concerns and CAMHS misdiagnosis claims that had been raised as a results of the care given to a number of patients.

The parents have recently been informed that their child’s mental health issue was misdiagnosed and consequently, they may have been prescribed incorrect medication over an extended period.

Martin A. Harvey & Co Solicitors understands that there may be over 1,500 children from all over South Kerry who attend CAMHS and have been impacted by this prolonged misdiagnosis. Such failures are likely to have a detrimental effect on those who have been misdiagnosed and administered incorrect medication over a long period of time.

We have instructions on behalf of a number of families who have been affected. Please contact William Harvey of our offices for an initial consultation and advice on 021 4963400, complete the contact form here or email William directly at William.harvey@martinharvey.ie.

Making a Personal Injury* Claim: Step by Step

Posted on 24 September 202116 August 2022 by Dyjaho_Admin

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.

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.