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The Importance of Witnesses in Personal Injury Cases

Introduction: 

In the aftermath of an accident, piecing together what happened can be challenging. While physical evidence and expert medical testimony are crucial, witnesses in personal injury claims often play a pivotal role in personal injury cases.

At Martin A. Harvey & Co., we understand the substantial impact that reliable witness statements can have on the outcome of a claim. This blog post explores the importance of witnesses in personal injury cases and provides practical tips on how to gather and utilise their information effectively.

The Power of Witness Statements:

  1. Corroborating Evidence:
    • Witnesses can corroborate your account of the events leading up to and during the accident. Their statements can help verify critical details that support your claim, adding credibility and weight to your case.
    • For example, in a car accident case, a witness might confirm that the other driver ran a red light, bolstering your claim of negligence.
  2. Providing Unbiased Accounts:
    • Unlike the parties directly involved in the accident, witnesses are typically third parties with no stake in the outcome of the case. This impartiality can make their testimonies particularly persuasive to judges and juries.
    • Their unbiased perspective can help paint a clearer picture of the incident, contributing to a fair and just resolution.
  3. Filling in the Gaps:
    • Witnesses can provide details you might have missed or were unable to observe due to the chaos of the accident. These additional pieces of information can be crucial in constructing a comprehensive narrative of the event.
    • They can describe the environment, the behaviour of those involved, and other contextual details that support your version of events.

Tips for Gathering Reliable Witness Information:

  1. Act Quickly:
    • The sooner you can gather witness information, the better. Memories fade over time, and the details of the incident can become less clear. Promptly collecting statements ensures that the information is as accurate and detailed as possible.
    • Immediately after the accident, try to identify and approach potential witnesses. Get their contact information and ask them to provide a written or recorded statement while the event is still fresh in their minds.
  2. Get Comprehensive Contact Information:
    • Ensure you collect full names, phone numbers, email addresses, and physical addresses from witnesses. This information will be essential for follow-up questions and for ensuring they can be contacted if needed during legal proceedings.
    • Having multiple ways to reach a witness can prevent losing crucial testimony due to changes in contact details.
  3. Ask Open-Ended Questions:
    • When speaking with witnesses, use open-ended questions to elicit detailed responses. Instead of asking, “Did you see the car hit me?” you might ask, “Can you describe what you saw leading up to the collision?”
    • This approach encourages witnesses to provide a fuller account, which can reveal important details you might not have considered.
  4. Record Their Statements:
    • Whenever possible, record witness statements. Written statements should be signed and dated by the witness. Video or audio recordings can also be incredibly useful, capturing the witness’s tone and demeanour.
    • Ensure that the recording is clear and that the witness agrees to be recorded. This recorded testimony can be a powerful piece of evidence in court.
  5. Verify the Witness’s Credibility:
    • Assess the reliability of the witness. Consider factors such as their proximity to the accident, their ability to observe the event clearly, and whether they have any potential biases or conflicts of interest.
    • Reliable witnesses are those in a good position to see the accident, are not closely related to any involved party, and have no reason to misrepresent the facts.

Conclusion:

Witnesses in personal injury claims provide essential corroboration, unbiased perspectives, and detailed accounts that can significantly influence the outcome of a claim. 

At Martin A. Harvey & Co., we recognise witnesses’ critical role in building a strong case and strive to gather the most reliable and comprehensive witness information for our clients. 

If you’ve been involved in an accident and need help collecting and utilising witness statements, reach out to us today. Our experienced team of personal injury solicitors is dedicated to ensuring that every facet of your case is meticulously documented and presented, maximising your chances of a successful outcome.

What is a Personal Injury Claim?

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)

Making a Personal Injury* Claim: Step by Step

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)

The Complete Guide to Personal Injury Claims

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:

  1. Take detailed instruction from you
  2. Uplift a Comprehensive Medical Report from your treating physician
  3. Prepare and submit a complete Application with the PIAB
  4. Provide the necessary advice as to whether a PIAB Assessment should be accepted or rejected
  5. 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

  1. Speak with a solicitor
  2. Contact the responsible party
  3. Establish your medical history
  4. Fill out an Injury Claim Application
  5. Submit application
  6. 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.

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