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Pedestrian Accident Claims Ireland: What to Do After an Accident

September brings a noticeable change to roads throughout Cork and across Ireland. Schools and colleges reopen, people return to work after the summer period, daylight hours begin to shorten and roads become busier during the morning and evening commute.

For pedestrians, increased traffic can mean increased risk.

Pedestrians have very little physical protection when involved in a road traffic accident. A collision that causes relatively minor damage to a vehicle can result in significant injuries to the person who has been struck.

If you have been injured as a pedestrian because of another road user’s negligence, you may be entitled to pursue a pedestrian accident claim.

At Martin A. Harvey & Co. Solicitors, we advise clients who have suffered injuries in road traffic accidents throughout Cork and Ireland. Understanding what to do following a pedestrian accident can help preserve important evidence and ensure you receive appropriate advice about your legal rights.

What Are the Most Common Causes of Pedestrian Accidents?

Pedestrian accidents can happen almost anywhere vehicles and pedestrians interact.

Busy junctions, pedestrian crossings, car parks, residential streets, shopping areas and city-centre roads can all present risks.

Common causes of pedestrian accidents include:

  • Drivers failing to stop at pedestrian crossings
  • Motorists failing to observe pedestrians when turning
  • Excessive or inappropriate speed
  • Distracted driving
  • Drivers using mobile phones
  • Failure to yield where required
  • Vehicles reversing without sufficient observation
  • Poor visibility
  • Driving too quickly for weather or road conditions
  • Vehicles mounting footpaths
  • Collisions involving cyclists or other road users

Every accident has to be assessed according to its individual circumstances. The fact that a pedestrian has been injured does not automatically establish negligence on the part of a driver.

The evidence surrounding the accident will therefore be important when determining liability.

What Should You Do After Being Hit by a Vehicle?

The moments following a pedestrian accident can be confusing and distressing. Your immediate priority should always be your health and safety.

Once you are safe and able to do so, there are several practical steps that may help protect your position.

1. Seek Medical Attention

Always take injuries seriously following a collision with a vehicle.

Depending on the severity of the accident, this could involve emergency treatment, attending hospital or arranging an assessment with your GP.

Some injuries are immediately apparent, while others can become more noticeable hours or days later.

These may include:

  • Whiplash and soft tissue injuries
  • Concussion
  • Back and neck injuries
  • Head injuries
  • Joint injuries
  • Psychological symptoms

Seeking appropriate medical attention is important for your health. Medical records may also become important evidence if you subsequently pursue a personal injury claim.

2. Report the Accident

Where appropriate, contact An Garda Síochána and report the collision.

For serious accidents, Gardaí may attend the scene and carry out their own investigation.

Even where the accident appears relatively straightforward, having an official record of what occurred can become important if liability is later disputed.

3. Obtain the Driver’s Details

If you are physically able to do so, obtain the driver’s details following the accident.

Relevant information can include:

  • Driver’s name and contact details
  • Vehicle registration number
  • Insurance information
  • Make and model of the vehicle

If you are too injured to gather this information yourself, Gardaí or another person at the scene may be able to assist.

Avoid getting into an argument about responsibility at the scene. Liability can be investigated properly once the available evidence has been gathered.

4. Take Photographs of the Scene

Photographs can provide valuable evidence about how a pedestrian accident happened.

Where it is safe and practical, photograph:

  • The location of the collision
  • The vehicle involved
  • Vehicle damage
  • Pedestrian crossings
  • Traffic lights
  • Road signs
  • Road markings
  • Nearby junctions
  • Your visible injuries
  • Weather and road conditions
  • Anything that may have obstructed visibility

Try to take wider photographs as well as close-ups. Wider images can help demonstrate the layout of the road and the position of important features.

5. Identify Witnesses

Independent witnesses can be extremely important in a pedestrian accident claim, particularly where the driver and injured pedestrian provide different accounts of what happened.

If somebody witnessed the collision, obtain their name and contact details where possible.

A witness may be able to provide evidence concerning the speed of the vehicle, traffic signals, where the pedestrian was positioned or the driver’s actions immediately before the collision.

Can CCTV or Dashcam Footage Help a Pedestrian Accident Claim?

Yes. Video evidence can be particularly valuable when establishing how a road traffic accident occurred.

A pedestrian accident may have been captured by:

  • Business CCTV
  • Residential security cameras
  • Public-area CCTV
  • Dashcams
  • Bus cameras
  • Taxi cameras
  • Cameras at nearby commercial premises

CCTV can potentially show the movement of the vehicle, the pedestrian’s position, traffic conditions and events immediately before the collision.

However, CCTV retention periods vary and footage may be overwritten. If you believe cameras captured your accident, it is important to identify them as early as possible and obtain advice about preserving relevant footage.

Data protection rules may also affect how recordings are requested and released.

Further information about your data protection rights is available from Ireland’s Data Protection Commission at dataprotection.ie.

Who Is Responsible for a Pedestrian Accident?

Liability depends on how the accident happened.

Drivers have obligations towards other road users, including pedestrians. A driver may potentially be considered negligent where, for example, they fail to keep a proper lookout, travel at an inappropriate speed or fail to react reasonably to road conditions.

Pedestrian crossings and junctions are particularly important locations.

A motorist approaching an area where pedestrians are likely to cross should remain alert and drive appropriately for the circumstances.

The Road Safety Authority provides detailed information about pedestrian and motorist road safety at rsa.ie.

What If the Pedestrian Was Partly at Fault?

Not every accident involves one person being entirely responsible.

A pedestrian may be alleged to have contributed to an accident, perhaps by crossing unexpectedly, failing to observe traffic or entering the road from a location where visibility was restricted.

This can raise the issue of contributory negligence.

Under Irish law, where an injured person is found to have contributed to the accident, compensation may potentially be reduced to reflect their share of responsibility.

However, an allegation that you were partly responsible does not automatically mean that you cannot make a claim.

Liability should be assessed based on the evidence rather than assumptions made immediately following the accident.

What Are the Most Common Pedestrian Accident Injuries?

Because pedestrians have no seatbelt, airbag or vehicle structure protecting them, collisions can result in significant injuries.

These may include:

  • Broken bones and fractures
  • Head and brain injuries
  • Facial injuries
  • Shoulder injuries
  • Knee and leg injuries
  • Hip and pelvic injuries
  • Back and spinal injuries
  • Soft tissue injuries
  • Cuts and scarring
  • Psychological trauma

More serious accidents can result in long-term disability and significant rehabilitation requirements.

Psychological injuries should not be overlooked either. Some people experience anxiety, sleep disturbance or other psychological symptoms following a traumatic road accident.

Appropriate medical evidence will be important when assessing the nature and long-term impact of any injury.

Can You Claim for Loss of Earnings and Medical Expenses?

A pedestrian accident can have financial consequences as well as physical ones.

If an injury prevents you from working, requires ongoing treatment or creates other necessary expenses, those losses may be relevant to your claim.

Depending on the individual circumstances, financial losses can potentially include:

  • Loss of earnings
  • Medical expenses
  • Prescription costs
  • Physiotherapy
  • Rehabilitation
  • Travel to medical appointments
  • Necessary care or assistance
  • Future financial losses in more serious cases

Keep receipts, invoices, payslips and other documents relating to expenses and loss of income.

Accurate records can make it considerably easier to demonstrate the financial impact of your accident.

What If the Driver Is Uninsured or Cannot Be Identified?

Being injured by an uninsured driver does not necessarily mean that there is no route to compensation.

The Motor Insurers’ Bureau of Ireland (MIBI) has a role in dealing with certain claims involving uninsured or unidentified vehicles.

These cases can involve specific procedures and requirements, so early legal advice can be particularly useful.

More information about the MIBI is available at mibi.ie.

How Do You Make a Pedestrian Accident Claim in Ireland?

Most personal injury claims in Ireland must initially be submitted to the Injuries Resolution Board, subject to applicable exceptions.

The process involves providing details of the accident and appropriate medical information. Depending on the circumstances, the Board may assess the claim or the matter may proceed through another appropriate route.

If the claim cannot be resolved through the Injuries Resolution Board process, an authorisation may be issued allowing court proceedings to be considered.

A solicitor can help ensure the circumstances of the accident are properly documented, the appropriate evidence is obtained and your legal position is protected throughout the process.

Further information is available from the Injuries Resolution Board.

How Long Do You Have to Make a Pedestrian Accident Claim?

Personal injury claims are subject to statutory limitation periods.

In many Irish personal injury cases, the relevant limitation period is generally two years from the date of the accident or the relevant date of knowledge, subject to the circumstances and applicable legal rules.

However, you should not assume that you have two full years in every case.

There can be exceptions and additional considerations, and waiting can also make evidence more difficult to obtain.

Seeking legal advice early allows your solicitor to assess the applicable time limit and begin preserving evidence while it is still available.

Why Acting Quickly Can Strengthen Your Claim

Time can make a considerable difference to the quality of evidence available after a pedestrian accident.

CCTV footage may be overwritten. Witnesses may become difficult to contact. Vehicles can be repaired. Road layouts and signage can change.

Even people’s memories of an accident can become less precise.

Speaking to a solicitor shortly after an accident allows important evidence to be identified and, where possible, preserved.

It also gives you an opportunity to understand the claims process before dealing extensively with insurers or other parties.

How Martin A. Harvey & Co. Can Help

A pedestrian accident can have consequences that extend far beyond the day of the collision.

You may be dealing with pain, medical treatment, time away from work, rehabilitation and unexpected financial pressure.

At Martin A. Harvey & Co. Solicitors, we have extensive experience advising clients in personal injury and road traffic accident claims.

We can assist with:

  • Assessing the circumstances of your accident
  • Identifying the appropriate parties
  • Gathering relevant evidence
  • Obtaining medical documentation
  • Advising on financial losses
  • Handling the Injuries Resolution Board process
  • Communicating with insurers
  • Advising on court proceedings where necessary

Our focus is on providing clear, practical legal advice and helping you understand your options at every stage.

Injured as a Pedestrian? Speak to Martin A. Harvey & Co.

If you have been hit by a car, van, motorcycle, bicycle or another vehicle, seek appropriate medical attention and consider obtaining legal advice as soon as possible.

The circumstances of every pedestrian accident are different. Understanding how the collision happened, gathering evidence and obtaining appropriate medical documentation are important steps in determining whether you may have a personal injury claim.

For professional and confidential advice, contact Martin A. Harvey & Co. Solicitors in Cork City.

Telephone: +353 (0)21 4963400
Email: maharvey@martinharvey.ie
Website: martinharvey.ie

Injured on Holiday in Ireland: What Should You Do After an Accident?

What Happens If You’re Injured While on Holiday in Ireland?

August is one of the busiest months for tourism across Ireland. Hotels, restaurants, holiday parks, visitor attractions, leisure facilities and activity centres welcome thousands of Irish and international visitors every day.

Unfortunately, accidents can happen. A wet hotel floor, poorly maintained walkway, defective piece of equipment or unsafe activity can result in injuries ranging from relatively minor sprains to fractures, head injuries and other serious conditions.

At Martin A. Harvey & Co. Solicitors, we advise clients on personal injury claims arising from many different types of accidents. If you are injured while holidaying in Ireland because of another person’s or organisation’s negligence, you may be entitled to pursue compensation.

However, an accident alone does not automatically give rise to a successful claim. Liability will depend on how the accident happened, who was responsible for the premises or activity and whether reasonable precautions were taken to protect you.

Knowing what to do immediately afterwards can make a significant difference.

Where Can Holiday Accidents Happen?

A holiday accident can occur almost anywhere, but certain environments present particular risks.

These can include:

  • Hotels and guesthouses
  • Holiday homes and other accommodation
  • Restaurants, bars and cafés
  • Swimming pools and leisure centres
  • Tourist attractions
  • Car parks
  • Beaches and recreational areas
  • Adventure and activity centres
  • Festivals and organised events
  • Shops and shopping centres
  • Public footpaths and other public areas

The circumstances surrounding each accident need to be considered individually. A fall in a hotel lobby, for example, may involve very different questions of liability from an injury suffered during an organised outdoor activity.

When Could a Hotel or Business Be Responsible?

Businesses and those responsible for premises have legal obligations towards people using their property. In Ireland, the Occupiers’ Liability Act 1995, as amended, is particularly relevant when considering injuries occurring on premises.

The central question is generally whether the person or organisation responsible for the premises took the level of care required by law in the circumstances.

Potential hazards might include:

  • Wet or excessively slippery floors
  • Broken steps or handrails
  • Poor lighting
  • Defective furniture
  • Damaged pathways
  • Unmarked changes in floor level
  • Poorly maintained facilities
  • Unsafe equipment
  • Inadequate warnings about known hazards

For example, the fact that somebody slips on a hotel floor does not, by itself, establish negligence. It will be necessary to examine why the floor was slippery, how long the hazard existed, what inspection and cleaning procedures were in place and whether appropriate warnings were provided.

This is why evidence can become so important in a holiday accident claim.

What Should You Do Immediately After a Holiday Accident?

Your health should always be your first priority. Once you are safe and able to do so, there are several practical steps that can help preserve important evidence.

1. Seek Appropriate Medical Attention

Do not ignore an injury simply because you are away from home or do not want to interrupt your holiday.

Depending on the circumstances, this could mean attending a GP, injury unit or hospital emergency department. Serious injuries require immediate medical attention.

Some conditions can also become more apparent in the hours or days following an accident. If symptoms develop or worsen, seek medical advice.

Medical records can subsequently provide important evidence about the nature of your injury, when you sought treatment and the treatment you required.

2. Report the Accident

Make sure the accident is reported to the person or organisation responsible for the location.

This might be:

  • Hotel management
  • Restaurant management
  • An activity provider
  • Event organisers
  • A tour operator
  • A property manager
  • The relevant public authority

Ask for the accident to be formally recorded. Where possible, retain confirmation that you reported the incident.

Try to make sure the description recorded is accurate. If you are asked to sign an accident report, read it carefully before doing so.

3. Photograph the Scene

Holiday accident locations can change very quickly. A spill can be cleaned, damaged equipment removed or a temporary hazard repaired shortly after an incident.

If you can safely do so, photograph or record the location before conditions change.

Useful photographs may show:

  • The specific hazard
  • The wider area surrounding it
  • Warning signs, or the absence of them
  • Lighting conditions
  • Damaged surfaces or equipment
  • Your visible injuries

Avoid taking only extremely close photographs. Wider photographs can provide valuable context about precisely where and how the accident happened.

4. Get Witness Details

If somebody witnessed the accident, ask for their name and contact information.

An independent witness can provide valuable evidence about what happened and the condition of the area at the time.

This can be particularly important if liability is later disputed.

5. Check Whether CCTV May Exist

Hotels, restaurants, shopping centres, car parks and tourist attractions frequently operate CCTV systems.

If you believe your accident was captured on CCTV, raise this promptly with your solicitor. Relevant footage may only be retained for a limited period, subject to the operator’s retention policies and data protection obligations.

Early action may therefore be necessary to request that relevant footage is preserved.

For information about data protection rights in Ireland, visit the Data Protection Commission at dataprotection.ie.

Keep Records of the Financial Impact of Your Injury

An accident on holiday can create expenses that go well beyond the initial medical treatment.

Keep receipts and records relating to costs arising from your injury. Depending on the individual case, these could include:

  • Medical expenses
  • Prescription costs
  • Physiotherapy or rehabilitation
  • Additional accommodation
  • Necessary changes to travel arrangements
  • Transport to medical appointments
  • Loss of earnings following your return home
  • Other reasonable expenses directly associated with the injury

If an accident forces you to cut your holiday short or creates additional travel expenses, retain documentation showing what you originally booked and what additional costs you incurred.

Your solicitor can then advise which losses may properly form part of your claim.

What If You Are Visiting Ireland From Another Country?

International visitors can also suffer injuries while travelling in Ireland.

If an accident happened in Ireland and was caused by the negligence of a person, business or organisation here, you may be able to pursue a personal injury claim even though you normally live overseas.

These cases can raise additional practical questions concerning medical records, ongoing treatment after returning home, evidence and communication between different jurisdictions.

If you are visiting from overseas, collecting evidence before leaving Ireland can be particularly valuable. Once you have returned home, obtaining photographs, identifying witnesses or establishing exactly where an accident happened may become considerably more difficult.

Seeking Irish legal advice promptly can help you understand how your particular circumstances should be handled.

What If You Were Injured During an Activity or Excursion?

Ireland offers a wide range of outdoor and adventure activities during the summer, including cycling, hiking, kayaking, surfing and other organised experiences.

An injury occurring during an activity does not necessarily mean the organiser was negligent. Many recreational activities involve inherent risks that participants willingly accept.

However, an organiser or operator may still have responsibilities concerning matters such as:

  • Properly maintained equipment
  • Appropriate safety procedures
  • Competent supervision
  • Suitable instructions and training
  • Risk assessments
  • Appropriate warnings
  • The suitability of an activity for prevailing conditions

Signing a waiver or acknowledgement of risk should not automatically lead you to assume that you have no legal rights. The circumstances of the accident and the wording and legal effect of any document would need to be considered carefully.

How Is a Holiday Accident Claim Made?

Most personal injury claims in Ireland must initially be submitted to the Injuries Resolution Board, formerly known as PIAB.

The application process generally requires details of the accident and supporting medical information. The claim can then be assessed in accordance with the applicable legal framework.

If the matter cannot be resolved through that process, an authorisation may be issued allowing court proceedings to be considered.

Further information about the personal injuries process is available directly from the Injuries Resolution Board.

What Compensation Could Be Considered?

Every personal injury claim is different, and compensation cannot be determined simply from the type of accident involved.

Depending on the circumstances, a claim may include general damages relating to the pain and suffering caused by an injury and special damages relating to proven financial losses.

Relevant factors can include:

  • The nature and severity of the injury
  • How long symptoms continue
  • Medical prognosis
  • Treatment and rehabilitation requirements
  • The impact on work
  • The impact on everyday activities
  • Financial losses resulting from the accident
  • Any long-term care requirements

It is important to obtain appropriate medical evidence before making decisions about the value or resolution of a claim, particularly where recovery is ongoing.

Why Acting Early Matters

When you are on holiday, dealing with legal matters is unlikely to be at the top of your priorities. However, delaying too long can make an accident considerably more difficult to investigate.

CCTV can be overwritten. Witnesses can become difficult to locate. Hazards may be repaired. Memories of precisely what happened can fade.

There are also statutory limitation periods governing personal injury proceedings in Ireland. The application of those rules can depend on the circumstances, so you should obtain legal advice rather than assuming how much time you have.

Early advice does not mean that court proceedings must immediately follow. It allows you to understand your position and ensure that important evidence is identified and preserved.

Injured While on Holiday in Ireland? Speak to Martin A. Harvey & Co.

A holiday accident can leave you dealing with pain, unexpected expenses and uncertainty long after the trip itself has ended. If another party’s negligence contributed to your injury, it is important to understand your legal options.

At Martin A. Harvey & Co. Solicitors, we provide clear, practical advice on personal injury claims and can guide you through each stage of the process.

If you have been injured at a hotel, restaurant, tourist attraction, leisure facility or elsewhere while holidaying in Ireland, contact our team to discuss the circumstances of your accident.

Contact Martin A. Harvey & Co. Solicitors

Telephone: +353 (0)21 4963400
Email: maharvey@martinharvey.ie

What to Expect During a Personal Injury Assessment by PIAB

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

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

What Is PIAB and Why Is It Required?

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

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

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

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

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

The PIAB Process Step by Step

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

  1. Submitting Your Application (Form A)

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

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

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

2. Notification to the Respondent

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

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

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

3. Medical Assessment (If Required)

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

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

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

4. The Assessment of Compensation

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

The compensation amount will be broken down into:

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

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

5. Accepting or Rejecting the Award

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

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

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

How Long Does the PIAB Process Take?

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

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

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

What Can You Expect in Terms of Outcome?

Your compensation award will depend on several key factors:

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

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

Do You Need a Solicitor for a PIAB Claim?

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

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

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

Key PIAB Claim Tips

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

Need Help with a PIAB Personal Injury Claim?

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

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

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

+353-(0)21-4963400

maharvey@martinharvey.ie

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