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Pedestrian Accident Claims Ireland: What to Do After an Accident

Posted on by Dyjaho_Admin

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?

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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 Do If Your Personal Injury Claim Is Denied

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Receiving notice that your personal injury claim has been denied can be frustrating and worrying. Many people assume that once a claim is rejected, there is nothing further they can do. In reality, that is not always the case.

At Martin A. Harvey & Co. Solicitors, we regularly advise clients whose claims have been challenged, disputed, or refused. In many situations, there are still clear legal options available.

If your claim has been denied, here is what you need to know.

Why Are Personal Injury Claims Denied?

Claims can be denied for a variety of reasons. Some are based on evidence, while others may relate to legal or procedural issues.

Common reasons include:

  • Liability is disputed
  • Insufficient evidence of how the accident happened
  • Lack of medical evidence linking the injury to the incident
  • Missed legal deadlines
  • Allegations of contributory negligence
  • Incomplete PIAB application or missing documentation
  • Disagreement over the seriousness of the injury

A rejection does not automatically mean the claim lacks merit. It may simply mean the case needs to be strengthened or pursued through another route.

Who Can Deny a Claim?

Depending on the stage of your case, a denial may come from:

  • The insurer for the other party
  • The respondent in a PIAB application
  • PIAB declining to assess due to complexity or medical issues
  • A defendant disputing liability in court proceedings

Understanding who denied the claim, and why, is the first step in deciding what happens next.

Step 1: Review the Reason for the Rejection

Not all denials are equal. Some are straightforward administrative issues that can be corrected quickly. Others require a more detailed legal response.

For example:

  • If medical evidence is incomplete, further reports may be needed
  • If liability is denied, witness evidence or CCTV may help
  • If documentation was missing, the application may be amended or refiled where appropriate

An experienced solicitor can assess whether the rejection is valid and what strategy should follow.

Step 2: Gather Stronger Evidence

Many denied claims can be improved with stronger supporting evidence.

Useful evidence may include:

  • Updated medical reports
  • Specialist consultant reports
  • Photographs of the accident scene
  • Witness statements
  • CCTV footage
  • Proof of financial losses
  • Accident report forms
  • Expert engineering or safety reports

The stronger the evidence, the stronger your negotiating position.

Step 3: Consider Whether PIAB Is the End of the Matter

If the other side rejects a PIAB assessment, or PIAB does not resolve the claim, that does not mean the case is over. In many circumstances, you may receive an Authorisation allowing you to bring court proceedings.

This is a common next step in disputed claims, particularly where:

  • Liability is contested
  • The compensation offered is too low
  • Injuries are complex or long-term
  • Additional evidence needs to be tested in court

Many valid claims settle after PIAB, but many others progress successfully beyond it.

Learn more about the assessment process at piab.ie.

Step 4: Understand Contributory Negligence

Sometimes a claim is not fully denied, but reduced because the other side argues you were partly responsible.

Examples might include:

  • Not paying attention to where you were walking
  • Failing to wear a seatbelt
  • Ignoring warning signs
  • Unsafe behaviour at work

Even if you were partly at fault, you may still recover compensation. The key issue is how responsibility is shared.

Step 5: Get Legal Advice Immediately

If your claim has been denied, professional legal advice is essential. A solicitor can:

  • Review the rejection in detail
  • Advise whether the decision should be challenged
  • Gather further evidence
  • Handle negotiations with insurers
  • Prepare court proceedings if necessary
  • Protect you against missed deadlines

Without legal advice, many people abandon claims that could have succeeded.

Can a Denied Claim Still Succeed?

Yes. Many claims that are initially disputed or rejected are later resolved successfully.

This often happens when:

  • New evidence emerges
  • Witnesses are located
  • Medical prognosis becomes clearer
  • Legal arguments are properly presented
  • The defendant reassesses their position once proceedings begin

A denial is often part of the claims process, not the final outcome.

How Martin A. Harvey & Co. Can Help

At Martin A. Harvey & Co. Solicitors, we have decades of experience handling disputed and complex personal injury claims throughout Cork and beyond.

We provide:

  • Clear and honest legal advice
  • Detailed case reviews
  • Strategic evidence gathering
  • Strong negotiation with insurers
  • Experienced court representation where required

Our focus is always on securing the best possible result for our clients.

Claim Denied? Speak to Us Today

If your personal injury claim has been denied, do not assume your case is over.

Contact Martin A. Harvey & Co. Solicitors today for professional advice on your next steps. We will assess your case, explain your options, and help you move forward with confidence.

📞 +353 (0)21 4963400
📧 maharvey@martinharvey.ie

Poor Drainage and Slippery Surfaces: Can You Make a Personal Injury Claim?

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Poor Drainage and Slippery Surfaces: Can You Make a Personal Injury Claim?

Heavy rainfall is a regular feature of Irish weather, particularly during the autumn and winter months. While wet conditions are to be expected, poor drainage, blocked gutters, and inadequate surface maintenance can quickly turn ordinary walkways into hazardous areas.

At Martin A. Harvey & Co. Solicitors, we frequently advise clients who have suffered injuries after slipping on waterlogged footpaths, flooded entrances, or dangerously slippery surfaces caused by poor drainage. The key question is often this: When does wet weather become legal negligence?

When Does Poor Drainage Become a Legal Issue?

Under the Occupiers’ Liability Act 1995, property owners and occupiers have a duty to take reasonable care to ensure that visitors are not exposed to unnecessary risk.

This includes:

  • Maintaining proper drainage systems
  • Clearing blocked drains and gutters
  • Preventing water accumulation in high-traffic areas
  • Using warning signage where hazards cannot be immediately removed
  • Ensuring surfaces are safe during foreseeable weather conditions

While businesses and local authorities are not expected to prevent rainfall, they are expected to anticipate predictable risks associated with heavy rain and take reasonable steps to reduce danger.

If they fail to do so, and someone is injured as a result, a personal injury claim may arise.

Common Scenarios Involving Poor Drainage

We often see claims involving:

  • Flooded supermarket entrances with no warning signs
  • Slippery tiled floors inside retail premises after rain
  • Car parks with pooling water due to blocked drains
  • Uneven or sunken footpaths that collect rainwater
  • Moss-covered walkways made worse by damp conditions
  • Public paths rendered dangerous due to inadequate maintenance

In each case, the issue is not the weather itself, but the failure to manage foreseeable risk.

Who Is Responsible for Your Injury?

Liability depends on who had control over the area where the accident occurred. This may include:

  • A retail store or shopping centre operator
  • A landlord or property management company
  • A local authority responsible for public footpaths
  • A commercial premises owner

Your solicitor will investigate who had responsibility for maintenance and whether reasonable care was exercised.

In cases involving public roads or footpaths, claims may involve the relevant city or county council. You can find general information about local authority responsibilities at citizensinformation.ie.

What Must Be Proven in a Slip and Fall Claim?

To bring a successful claim for a slip and fall accident caused by poor drainage, you must establish:

  1. A duty of care existed
  2. That duty was breached through negligent maintenance or failure to act
  3. You suffered injury as a direct result of that breach

Evidence is critical in these cases.

What Evidence Should You Gather?

If you are injured due to slippery conditions caused by poor drainage, take the following steps where possible:

  • Photograph the pooled water, blocked drains, or hazardous surface
  • Capture wide-angle images showing the surrounding area
  • Note the date, time, and weather conditions
  • Obtain witness contact details
  • Report the incident immediately to management or the relevant authority
  • Seek medical attention and retain all documentation

Water can drain away quickly, and hazards may be repaired within hours. Early evidence significantly strengthens your claim.

What Compensation Can You Claim?

If your claim is successful, you may be entitled to compensation for:

  • Pain and suffering
  • Medical expenses
  • Loss of earnings
  • Travel costs
  • Ongoing rehabilitation needs

Claims in Ireland must generally first be submitted to the Personal Injuries Assessment Board (PIAB). The compensation amount is assessed under the Personal Injuries Guidelines, which outline award ranges depending on the severity of injury.

More information about the PIAB process is available at piab.ie.

Time Limits for Making a Claim

In most personal injury cases in Ireland, you have two years from the date of the accident to initiate your claim.

However, waiting can make proving liability more difficult. CCTV footage may be overwritten, drains repaired, and witnesses unavailable. Acting quickly protects both your legal rights and the quality of evidence.

Why Early Legal Advice Matters

Slip and fall claims involving weather conditions can be complex. Defendants often argue that:

  • The rainfall was unusually severe
  • The hazard developed suddenly
  • They had a reasonable inspection system in place

An experienced personal injury solicitor will assess whether those arguments are valid and gather maintenance records or inspection logs where necessary.

At Martin A. Harvey & Co., we take a thorough and strategic approach to these claims, ensuring all relevant evidence is secured and presented effectively.

Injured Due to Poor Drainage or Slippery Surfaces? We Can Help

If you have suffered an injury after slipping on pooled water, flooded surfaces, or inadequately maintained walkways, you may have grounds to bring a slip and fall claim in Ireland.

Do not assume the weather alone is to blame. If poor maintenance contributed to your accident, legal responsibility may arise.

Contact Martin A. Harvey & Co. Solicitors today for clear, professional advice on your personal injury claim.

📞 +353 (0)21 4963400
📧 maharvey@martinharvey.ie

We are here to guide you through every stage of the claims process with experience, care, and commitment.

What Happens If You’re Injured as a Passenger in a Car Accident?

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What Happens If You’re Injured as a Passenger in a Car Accident?

Being injured in a car accident is always distressing — but when you’re the passenger, it can be even more confusing. You weren’t driving, you didn’t cause the crash, and yet you’re left dealing with injuries, medical bills, and time off work.

At Martin A. Harvey & Co., we regularly assist passengers who’ve been hurt in road traffic accidents across Ireland. Whether you were in a private vehicle, a taxi, or a public bus, you may have the right to claim compensation.

Here’s what you need to know.

Can Passengers Claim for Personal Injury in Ireland?

Yes. Under Irish law, passengers have the same right to claim for injuries as drivers or pedestrians — often with a stronger case, as passengers are rarely at fault for an accident.

You may be entitled to make a claim if you:

  • Were injured in a private car
  • Were travelling in a taxi or ride-share (e.g. Free Now)
  • Were on public transport (bus or coach)
  • Were a passenger in a work vehicle
  • Were injured as a child or vulnerable passenger

The person or entity responsible for the crash — whether the driver of the vehicle you were in, another driver, or a third party — can be held liable for your injuries and financial losses.

Who Do You Make the Claim Against?

The party responsible for the accident is the one your solicitor will make a claim against. This could be:

  • The driver of the vehicle you were in (if they were at fault)
  • Another driver involved in the collision
  • A third party (e.g. local authority for road defects, an uninsured driver, etc.)
  • The insurance provider of the responsible driver

In some cases, liability may be shared between multiple drivers. That’s why it’s so important to seek legal advice early — especially when you’re not sure who caused the crash.

What Can You Claim For?

If your claim is successful, you may receive compensation for:

  • Pain and suffering caused by physical or psychological injuries
  • Medical expenses including GP visits, scans, surgery, physio, or prescriptions
  • Loss of earnings if you missed work due to your injuries
  • Travel expenses for medical appointments
  • Long-term care or rehabilitation costs, where applicable

All of these are considered when your solicitor submits your application to the Personal Injuries Assessment Board (PIAB) — the body responsible for assessing most personal injury claims in Ireland.

What If the Driver Is a Friend or Family Member?

This is a common concern — you may hesitate to claim if the driver is someone you know. But remember:

  • You’re claiming against their insurance, not them personally.
  • Motor insurance exists to cover the costs of accidents and injuries.
  • Drivers expect their insurance to step in if someone is injured, even if they know the person.

In many cases, friends and family are supportive of the claim, especially if you’ve suffered serious injuries and need help with costs or care.

What to Do If You’re Injured as a Passenger

If you’ve been hurt in a car accident, take the following steps as soon as possible:

1. Seek Medical Attention

Even if your injuries seem minor, visit your GP or A&E to ensure they’re documented. Delayed symptoms — especially whiplash or head injuries — can worsen without treatment.

2. Report the Accident

Ensure the accident is reported to Gardaí. If it occurred in a taxi or public vehicle, report it to the company or local authority.

3. Keep Records

Gather medical reports, receipts, and evidence of expenses. If possible, take photos at the scene and get contact details of any witnesses.

4. Speak to a Personal Injury Solicitor

Early legal advice ensures your claim is submitted correctly and within the legal timeframe.

How Long Do You Have to Make a Passenger Injury Claim?

In most cases, you have two years from the date of the accident to make a personal injury claim in Ireland. However, this can vary depending on:

  • Whether you were under 18 at the time of the accident
  • When you became aware of your injury or its impact
  • Whether there were delays in identifying the responsible party

It’s best to contact a solicitor as soon as possible to protect your rights and avoid missing critical deadlines.

Can You Claim If the Driver Was Uninsured

Yes — if the at-fault driver was uninsured or left the scene (a hit and run), you may still be able to claim through the Motor Insurers’ Bureau of Ireland (MIBI). This organisation provides compensation in cases involving uninsured or unidentified drivers.

Your solicitor will advise you if the MIBI route is necessary and manage the application on your behalf.

You can learn more about the MIBI at mibi.ie.

Why Choose Martin A. Harvey & Co. for Your Passenger Injury Claim?

  • ✔️ Specialists in road traffic accident claims
  • ✔️ Decades of experience with PIAB and court proceedings
  • ✔️ Clear, compassionate guidance at every stage
  • ✔️ Strong track record of achieving fair compensation

Whether your injuries are minor or life-altering, we’ll ensure your claim is professionally managed, thoroughly documented, and treated with the attention it deserves.

Injured as a Passenger? Get in Touch Today

If you’ve been injured while travelling as a passenger in a car, taxi or public transport, don’t leave your recovery — or your legal rights — to chance.

📞 Contact Martin A. Harvey & Co. Solicitors today for expert legal advice on your personal injury claim.

We’ll help you understand your options and guide you through every step of the process — from PIAB to settlement or court, if necessary.

Slip, Trip and Fall Accidents: What You Need to Know

Posted on by Dyjaho_Admin

Why Slip and Fall Accidents Deserve Immediate Legal Attention

Slip, trip and fall accidents are among the most common causes of personal injury in Ireland. They can happen anywhere, from supermarkets and restaurants to footpaths and workplaces. While some may brush off a fall as minor, these incidents can lead to serious injuries and significant costs.

At Martin A. Harvey & Co., we frequently assist clients who have suffered falls due to unsafe conditions. In this publication, we highlight the most frequent oversights people make after a fall and offer practical guidance to help you protect your claim from day one.

1. Not Reporting the Accident Immediately

Many people fail to report the incident to the property owner, shop staff or local authority.

Why This is a Mistake:

  • Without a formal incident report, the defendant may later deny that the accident occurred.
  • Witnesses or staff may forget key details over time.

How to Avoid It: 

  • Inform someone in charge as soon as the fall happens. 
  • Request that the accident be recorded in an incident log. 
  • If on public property, report it to the relevant council or the Gardaí.

2. Failing to Gather Evidence at the Scene

A fall often causes immediate distress, but taking time to document the area can make or break your claim.

Why This is a Mistake:

  • Hazards such as wet floors, broken pavement or poor lighting may be repaired quickly, erasing vital evidence.

How to Avoid It: 

  • Take clear photographs of the hazard and surrounding area. 
  • Note the time, date and weather conditions. 
  • Ask witnesses for their contact details.

3. Not Seeking Medical Attention Promptly

Even minor falls can lead to injuries that worsen over time.

Why This is a Mistake:

  • Delayed treatment may lead insurers to question the seriousness or cause of your injuries.

How to Avoid It: 

  • Visit your GP or hospital as soon as possible. 
  • Follow medical advice and attend all appointments. 
  • Retain all medical reports and receipts.

4. Waiting Too Long to Contact a Solicitor

Under Irish law, you usually have two years to initiate a personal injury claim.

Why This is a Mistake:

  • Evidence may become harder to collect.
  • If the PIAB application isn’t submitted in time, your case may be statute-barred.

How to Avoid It: 

  • Contact a solicitor early to ensure deadlines are met. 
  • Begin your PIAB application with proper documentation.

5. Overlooking Liability and Insurance Issues

Sometimes, clients assume there’s no point claiming because the responsible party doesn’t appear to have insurance.

Why This is a Mistake:

  • Liability can often be shared between occupiers, property owners or insurers.

How to Avoid It: 

  • Speak with a solicitor to determine who is legally responsible. 
  • Allow your solicitor to investigate whether liability insurance applies.

Conclusion: Don’t Let a Fall Derail Your Life

Slip and fall claims can be complex, but timely action and proper documentation are crucial to ensuring fair compensation. From broken bones to loss of income, the consequences of a fall can be long-lasting.

At Martin A. Harvey & Co., we’re here to help you navigate your claim from the very beginning. Contact us today for professional advice tailored to your case.

📞 +353-(0)21-4963400
📧 maharvey@martinharvey.ie

Personal Injury Claims for Children in Ireland: What Parents/Guardians Need to Do Immediately

Posted on by Dyjaho_Admin

Why Taking the Right Steps Early Makes All the Difference

Accidents involving children can happen anywhere. At school, in playgrounds, in shops, on footpaths, or during supervised activities. When a child is injured because of someone else’s negligence, the steps you take immediately afterwards can influence the strength of their personal injury claim and the support they receive.

At Martin A. Harvey & Co. Solicitors, we have years of experience helping parents navigate the unique legal process involved when a minor is injured. This guide explains exactly what to do after a child suffers an accident, so you can protect their wellbeing and their right to compensation.

Step 1: Prioritise Your Child’s Safety and Medical Care

Your first concern should always be your child’s health, even if the injury doesn’t seem severe at first.

What to Do:

  • If the injury appears serious, call emergency services immediately.
  • For less urgent injuries, bring your child to your GP or nearest A&E as soon as possible.
  • Request a written medical report outlining the injuries.

Why it matters:

Children often cannot fully express their pain or symptoms. Early medical documentation provides crucial evidence and ensures your child gets the right care from the beginning.

Step 2: Report the Accident to the Responsible Party

Just like adult claims, there must be an official record of the incident.

Who to Notify:

  • School or creche management
  • Sports club organisers
  • Shop or property owner
  • Event supervisors
  • Local authority (if injured in public spaces)

What to Do:

  • Ask for the accident to be recorded in the incident log.
  • Request a copy of the report for your own records.

Why it matters:

An incident report provides a timestamp and an account of what happened, supporting your child’s version of events later on.

Step 3: Gather Evidence at the Scene (If Possible)

Children’s accidents often happen suddenly, but gathering evidence early can make a major difference to the success of a claim.

What to Capture:

  • Photos or videos of where the accident occurred and the hazard involved (broken equipment, wet floors, damaged footpaths, etc.)
  • Names and contact details of witnesses
  • Notes on lighting, weather, supervision levels, or safety warnings

Why it matters:

Hazards can be fixed quickly, and without evidence, it may be difficult to prove negligence later.

Step 4: Document Everything After the Accident

A detailed record of your child’s recovery helps show how the injury has impacted them day-to-day.

Keep Track Of:

  • Changes in symptoms or pain levels
  • GP visits, hospital appointments, and treatments
  • School days missed
  • Extra care your child required
  • Expenses such as medication, travel, physiotherapy, or specialist support

Why it matters:

Thorough documentation ensures that all costs, current and future, are included in the claim.

Step 5: Understand How the Law Works for Children

Children’s personal injury claims operate under different rules. They cannot bring the claim themselves.

Key Legal Points:

  • A parent or guardian acts as the “Next Friend” in the claim.
  • The standard two-year time limit does not start until the child turns 18.
  • However, it is strongly recommended to start the process immediately.

Why it matters:

Waiting years to begin a claim makes gathering evidence far more difficult. Acting early protects your child’s rights and strengthens their case.

Step 6: Know That All Settlements Must Be Approved by the Court

Even if both sides agree on a settlement, it must be reviewed by a judge.

What Happens:

  • Your solicitor applies to the court to approve the settlement.
  • The judge ensures the compensation is fair and in the child’s best interests.
  • The money is then placed in a court-managed fund until the child turns 18.

Why it matters:

This process protects children from being under-compensated.

Step 7: Seek Legal Advice Before Proceeding with PIAB

In Ireland, almost all personal injury claims, including children’s cases, must first go through the Personal Injuries Assessment Board (PIAB).

What Your Solicitor Will Do:

  • Submit the PIAB application
  • Gather medical and expert reports
  • Handle communication with insurers
  • Represent your child if the case proceeds to court

Why it matters:

Children’s claims are more complex, and expert legal guidance ensures the process runs smoothly and that compensation reflects your child’s needs today and in the future.

Conclusion: Protecting Your Child Starts with the Right Guidance

A child’s injury can be incredibly distressing, but taking the correct steps early can make a lasting difference in their recovery and long-term support. From medical care to evidence gathering and legal procedures, each stage plays an important role in securing the compensation your child deserves.

At Martin A. Harvey & Co., we are committed to helping families navigate this challenging process with clarity and compassion. If your child has been injured, we’re here to help you every step of the way.

Contact us today for confidential, professional advice.

📞 +353 (0)21-4963400
📧 maharvey@martinharvey.ie

Injured in a Car Park: Who Is Responsible and Can You Make a Claim?

Posted on by Dyjaho_Admin

Injured in a Car Park: Who Is Responsible and Can You Make a Claim?

Car parks, whether at supermarkets, shopping centres, office blocks or apartment complexes are often overlooked as accident hotspots. But the truth is, accidents in car parks are surprisingly common, and the injuries they cause can be just as serious as those sustained on the road or at work.

So, if you’ve slipped on a wet surface, tripped on uneven paving, or been hit by a vehicle in a car park, what are your rights?

At Martin A. Harvey & Co. Solicitors, we’ve represented many clients in personal injury claims arising from car park incidents across Ireland. Here’s what you need to know.

Types of Car Park Accidents

Accidents in car parks can take many forms, such as:

  • Slip and fall on wet or icy surfaces, oil spills, or moss-covered walkways
  • Trip and fall on broken kerbing, uneven surfaces, or unmarked hazards
  • Vehicle collisions, often at low speeds but still capable of causing injury
  • Pedestrian impacts where a moving car strikes a person walking to or from their vehicle
  • Falling objects such as unsecured signage or debris in multi-storey car parks

Even if the accident seems minor at first, injuries can be long-lasting, particularly whiplash, back strain, or head trauma from falls.

Who Is Liable for Car Park Injuries?

This is often the most confusing part for clients: who is legally responsible?

Liability may fall on:

  • The owner or occupier of the car park (e.g. a retail chain, private landlord, local authority)
  • A third-party contractor responsible for maintenance, lighting or cleaning
  • Another driver, if the injury was caused by a moving vehicle

Under Irish law, property occupiers have a duty of care to visitors, which includes keeping the premises safe and well-maintained. This duty is outlined under the Occupiers’ Liability Act 1995.

If they fail to keep the car park safe, for example, by not gritting ice, failing to repair damaged surfaces, or not warning of hazards, they may be held liable for injuries caused.

Proving Negligence in a Car Park Claim

To bring a successful claim, you’ll need to prove that:

  1. The party in control of the premises owed you a duty of care
  2. That duty was breached through action or inaction
  3. You suffered injury as a direct result of that breach

At Martin A. Harvey & Co., we help clients gather the necessary evidence, which may include:

  • CCTV footage (where available)
  • Photos of the scene
  • Witness statements
  • Maintenance records (if accessible)
  • Medical reports

The sooner you act, the easier it is to preserve this evidence.

What Should You Do After a Car Park Injury?

If you’re injured in a car park, take the following steps as soon as possible:

  1. Seek medical attention even if the injury seems minor
  2. Report the accident to the car park manager or business
  3. Take photos of the hazard and surrounding area
  4. Get contact details for any witnesses
  5. Keep receipts for any related expenses (travel, medication, physio)
  6. Speak to a solicitor to assess if you have a claim

Timing is key. You generally have two years to make a personal injury claim in Ireland, but exceptions may apply, especially in cases involving minors.

Can You Claim Compensation

Yes. If your injury was caused by someone else’s negligence, you may be entitled to claim compensation for:

  • Pain and suffering
  • Medical expenses
  • Loss of earnings
  • Travel costs
  • Future care or rehabilitation needs

Your claim will typically begin with the Personal Injuries Assessment Board (PIAB). Our team will handle this process on your behalf and advise you on whether to accept or reject PIAB’s assessment.

Learn more about how the PIAB process works here.

Why Choose Martin A. Harvey & Co. for Your Claim?

We’ve been helping clients across Cork and Ireland with personal injury claims since 1936. Our approach is:

  • Experienced: Deep knowledge of occupiers’ liability and PIAB procedure
  • Client-focused: We keep you informed and supported every step of the way
  • Results-driven: Our aim is always to achieve the best possible outcome for you

Injured in a Car Park? Talk to Us Today

Don’t wait until it’s too late. If you’ve been hurt in a car park accident, whether by slipping, tripping, or being struck by a vehicle, we can help you understand your rights and take action.

📞 Contact Martin A. Harvey & Co. Solicitors today to arrange a confidential consultation with an experienced personal injury solicitor.

We’ll explain your options, handle the legal process, and work to secure the compensation you deserve.

Delayed Injuries After an Accident: Can You Still Make a Claim?

Posted on by Dyjaho_Admin

As experienced personal injury solicitors, one of the most common questions we hear at Martin A. Harvey & Co. is:
“Can I still claim compensation if my injury didn’t appear right away?”

The short answer is yes, delayed injuries can still form the basis of a personal injury claim in Ireland, but they often require careful documentation, legal expertise, and prompt action.

Whether you’ve been in a road traffic accident, workplace incident, or slip and fall, it’s crucial to understand your rights, timelines, and what to do next.

What Are Delayed Injuries?

A delayed injury is one where the symptoms don’t present immediately after the accident but instead develop in the hours, days, or even weeks that follow.

This delay is quite common, especially in high-stress or adrenaline-filled situations where the body masks pain and trauma.

Common Delayed Injuries After an Accident

Some of the most frequently reported delayed injuries include:

  • Whiplash
    Soft tissue damage in the neck or shoulders often appears a day or two after a car crash.
  • Concussions or Mild Traumatic Brain Injuries
    Headaches, dizziness, memory issues, or fatigue may not be immediately noticeable.
  • Internal Injuries
    Internal bleeding or organ damage can develop subtly and become dangerous if not treated.
  • Back Injuries
    Herniated discs or muscular strains can flare up days after the incident.
  • Psychological Trauma (PTSD, anxiety, depression)
    Emotional distress may emerge well after physical injuries have healed.

Even if the injury is not visible or was not initially reported, it does not mean you’re ineligible for compensation.

Why Do Some Injuries Take Time to Show?

Adrenaline mask: After an accident, your body may go into shock or release adrenaline, which temporarily hides pain.

Slow progression: Certain injuries, especially to soft tissue or joints, may only become painful as swelling or inflammation increases.

Delayed diagnosis: You may not realise the extent of an injury until medical tests or specialist evaluations are completed.

Can You Still Make a Personal Injury Claim in Ireland?

Yes, Irish law allows for personal injury claims based on delayed symptoms, provided they can be medically and legally connected to the original accident.

However, it is critical that you:

  • Seek medical attention as soon as symptoms appear
  • Document all treatment and medical records
  • Consult a solicitor early to preserve your legal rights

Even if time has passed, you may still be within the legal time limits.

What Is the Time Limit for Making a Claim?

In most personal injury cases in Ireland, you have two years from the date of the accident to start your claim.

However, in cases of delayed injuries, the two-year time limit may begin from the “date of knowledge” the point at which you first became aware (or should have become aware) that:

  • You were injured
  • The injury was related to the accident
  • Another party may be at fault

This nuance is provided under the Statute of Limitations, but it can be complicated, so we strongly recommend seeking professional legal advice as soon as possible.

Learn more about time limits for personal injury claims at Citizens Information.

Proving Delayed Injuries in a Personal Injury Claim

To build a successful claim for a delayed injury, you will need:

  • A clear medical report linking the injury to the original accident
  • Witness statements, if available, that confirm the nature of the incident
  • Photos or video evidence of the accident scene (if available)
  • A detailed record of when symptoms began and how they progressed
  • Proof of expenses, such as treatment costs, loss of earnings, or rehabilitation

At Martin A. Harvey & Co., we work closely with medical professionals and accident reconstruction experts to support your case with strong, objective evidence.

What Should You Do if Symptoms Appear Later?

If you begin to feel unwell or notice injury symptoms days after an incident, it’s important to act quickly:

  1. Seek medical care immediately, even if the injury seems minor.
  2. Inform your GP or treating physician that the injury may be related to a specific accident.
  3. Report the incident (if you haven’t already) to the appropriate authority, your employer, Gardaí, or property manager.
  4. Contact a solicitor who specialises in personal injury claims for advice.

Waiting too long could hurt your case, not just in legal terms, but in documenting the injury and connecting it to the original cause.

Why Choose Martin A. Harvey & Co. Solicitors?

With over 80 years serving Cork and surrounding areas, our firm is deeply experienced in handling personal injury claims, including those involving delayed or complex injuries. We offer:

  • Expert legal advice tailored to your circumstances
  • A client-first approach with regular updates and honest guidance
  • A proven track record of negotiating fair settlements and pursuing successful court outcomes

We handle the legal side so you can focus on recovery.

Concerned About a Delayed Injury? We Can Help.

If you’re experiencing pain, discomfort, or psychological symptoms after an accident, even if it’s been days or weeks, don’t assume it’s too late to act.

Contact Martin A. Harvey & Co. Solicitors today for trusted legal advice. We’ll assess your case, explain your options, and guide you through the next steps.

+353-(0)21-4963400

maharvey@martinharvey.ie

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