personal injury solicitors Archives - Page 2 of 2 - Martin A. Harvey & Co Solicitors

Accidents Involving Public Transport

Posted on 15 December 202221 March 2023 by Dyjaho_Admin

As the festive season gets underway, many of us may be making more use of public transport options to avoid the lengthy delays and difficulties finding parking that are common in so many towns and cities at this time of year. As a passenger, the responsibility falls on the driver or conductor to follow all safety procedures to transport you safely to or from your destination. Whether you use public transport on a regular basis, or only on a rare occasion, it can be very unsettling and upsetting if you suffer a personal injury or accident while travelling. If you have suffered an injury in a public transport accident that was not your fault, you may be entitled to claim compensation.

Types of Accidents

There are many types of claims that can result from an accident on a bus. You might have had a trip or fall while on the bus, or getting on or off the bus; been involved in a collision with another vehicle; or an injury sustained on the bus due to poor driving.

Likewise, on a train or tram, you might have suffered an accident while boarding or disembarking the train, or encountering faulty electric doors; you might have encountered a trip or slip hazard such as wet floors that have not been properly identified and dealt with; the train might stop suddenly causing objects to be dislodged or fall, or you yourself might fall onboard as a result. We also regularly hear about tram (Luas) collisions with pedestrians or road traffic accidents in the news.

If you have been travelling with a taxi, you may sustain an injury during an accident while on your journey. This might be a side impact collision, a head-on collision, or a rear-end collision in a taxi.

The injuries you might have suffered could include whiplash, broken bones or fractures, cuts or lacerations, back, head or neck injuries, brain or spinal damage, or damage to your legs, arms, feet or hands.

What to do if you have been involved in an accident while using public transport

If you have been involved in a public transport accident, the first thing you should do is seek medical attention if required.

You should take as detailed an account as possible of the accident including as many details as you can. This should include the taxi registration number and insurance details, or details of any of the drivers and other vehicles;
Take photographs or videos of the scene / location if it is safe to do so, as this can also help in assessing the incident at a later stage;
If there are any witnesses, it is recommended that you take their contact details so that their account can be taken into consideration;
Alert the Gardaí – while they might not need to attend every public transport accident, it is important that you report the incident. For any serious accidents, the Gardaí will most certainly need to assess the incident and make a report of the scene.

Making a Public Transport Accident Claim

If you have been involved in a public transport accident and have suffered a personal injury, you may be able to make a personal injury compensation claim. If you would like assistance regarding your personal injury* claim, please contact our team here at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way that we can. Freephone 1800 – 396 396 or fill out our contact form here.

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

Weather Related Accidents at Work

Posted on 5 December 202221 March 2023 by Dyjaho_Admin

The winter weather is starting to settle in, and so too is the prospect of severe weather occurrences. Severe may impact on your ability to undertake your work – or attend your place of work, and so you should be aware of where you stand in relation to presenting at your place of work during these warnings. At this time of year, we also hear a lot more about people suffering from a weather related accident at work.

Some of the most common accidents that occur due to poor weather while at work are slips, trips and falls due to surface water, loose flooring or surfaces, inadequate lighting, and slippery surfaces that may be caused due to leaves or ice. This may result in back and neck injuries, breaks, fractures, or leg, hip or shoulder injuries. Other situations might include exposure or cold stress due to working outdoors in bad conditions.

Your employer must take reasonable steps to keep your work environment safe. If the relevant guidelines are not followed, and you suffer an injury as a result of this, you may be entitled to compensation.

Weather related accident at work

If you unfortunately have an accident at work, you should firstly seek medical help if you have been injured.

In cases where your accident or injury has been caused due to the negligence of another person or entity, you may want to seek compensation by seeking a personal injury* claim. In these cases you should:

Speak with a Solicitor

Making a claim can be quite a lengthy and complex process, due to the many stipulations that are required. As such, your first step in making a claim should be to consult a solicitor, who can guide you through the process and protect your rights. They can also provide guidance in submitting your application correctly, procuring your medical report, and advise you on the assessment made by the Personal Injuries Assessment Board (PIAB). If you choose to take your claim to court, your solicitor can arrange for the necessary court proceedings to be drafted, and act as your legal representation.

Contact the Responsible Party

You will need to contact the responsible party (the respondent) in writing within one month of your accident, advising them of the accident and your resulting injury. If this step is not completed within one month, your PIAB application may not be affected, however it may infringe on your case should you take it to court. The respondent must consent to the PIAB assessment within 90 days of your notice – and if they do not want the claim to be reviewed you may take the claim to court.

Establish your Medical History

You will need to submit a medical report as part of your PIAB application. This report can be provided by the practitioner who treated the injury in question. If you are unable to submit a medical report along with your claim application, you can speak to your doctor about getting a note with details of your injury. You could also choose to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application and follow up with the medical report at a later date. However, you must submit all relevant documentation within two years of sustaining the injury. Before assessing your claim, the PIAB may carry out an independent medical examination.

Fill out a Personal Injury Claim Application

Claims should be sent to the Personal Injuries Assessment Board (PIAB), with the exception of cases of medical negligence. If your claim relates to medical negligence, you can speak to a member of our team today to find out how we can assist you.

The PIAB is an independent statutory body that assesses “personal injury claims for compensation following road traffic, workplace or public liability accidents” (source).

To submit your claim, you should fill out the application form at piab.ie. You may also submit this form by post.

Submit Your Application

When you are submitting your form, you will need to include the processing fee as part of the required documentation. If you have medical documentation at this point, you should also include this. If you have suffered any financial losses due to the accident, you must also include these receipts with your application. You can include any other documents you feel are relevant.

Please note that your claim must be made within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004 (source).

Once the respondent allows the claim to be assessed by the PIAB, it can take over 7 months for a decision to be made. If your claim is taken to court, this will increase to 36 months. For claims assessed after 24 April 2021, the PIAB refers to the Personal Injuries Guidelines as a guideline for awarding personal injury* claims. (Source)

It’s a good idea to take photos of your injury or whatever caused your accident, make sure you have contact details for anyone who witnessed your accident, make notes about your accident as soon as possible

If you would like assistance regarding a personal injury* claim as a result of a weather related accident at work, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can.

If your accident happened in a public place, and not your place of work, please refer to our guide on what to do after an accident in a public place.

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

What is a Personal Injury Claim?

Posted on 20 September 202220 September 2022 by Dyjaho_Admin

A personal injury* claim is a legal case in which the claimant has suffered an injury or illness because of the actions or negligence of another person or entity.

The claim serves to seek compensation from the responsible party for damages caused by the injury, for example medical fees or loss of wages due to missing work.

How do I know if my claim is eligible?

The best way to find out if you have a claim worth pursuing is to contact a personal injury solicitor, who will be able to discuss your claim and advise on whether you can raise a claim.

Overview of Common Terms

If you are pursuing a personal injury claim, you may come across some unfamiliar terms, or terms you may have heard before but don’t fully understand. To help ease any confusion, we have outlined some of the most common terms that may crop up:

A personal injury is an injury of a person’s body, mind or emotions.

In a personal injury claim case, the claimant or plaintiff is the person who suffered the injury.

The defendant is the person or entity (such as an organisation) who is responsible for the injury. This party may also be referred to as the respondent.

The Personal Injury Assessment Board (PIAB), also called the Injuries Board, is the statutory body that assesses personal injury claims. All personal injury claims, apart from medical negligence claims, must be submitted to the PIAB.

There are two types of damages that can be incurred due to a personal injury. General damages are non-economic costs associated with the injury, such as emotional distress. Special damages are the economic costs incurred due to the injury, such as medical fees. This includes any future costs that the claimant will incur, such as ongoing medical fees due to long-term injury.

Contributory negligence is a term referring to situations in which the claimant is partially responsible for their injury. You may still raise a claim in this instance.

Letter of Claim is sent by the claimant to the defendant. It provides details of the accident and invites the defendant to propose compensation procedures. This letter needs to be served to the defendant within 2 months of the accident.

The date of knowledge is the date on which the plaintiff discovered they were injured. This may be the same date as the accident, however some injuries may take some time to develop. Claims must be made within 2 years of the date of knowledge. This 2 year period is called the statute of limitations. If you do not file your claim within this period, you will be statute barred, meaning you are prohibited from raising a claim.

If you are making a personal injury claim, you will likely be required to submit a medical report from your GP or the medical practitioner who treated your injury.

What are the most common types of personal injury claims?

According to the PIAB Annual Report 2021, 18% of personal injury claims were public liability claims, 13% were employers liability, and 69% were motor liability. (Source)

Road Accidents*

Road accidents claims* pertain to any type of injury sustained on the road by road users including motorists, cyclists, and pedestrians. Accidents include:

Car accidents*
Pedestrian accidents*
Rear-end or side-impact collisions*
Bicycle accidents*
Motorcycle accidents*
Accidents due to poorly maintained roads*
Bus accidents*
Hit and run Accidents*
Accidents on the motorway*
Passenger accidents*

Work Accidents*

Employers have a duty of care to their employees. If employees sustain an injury in the workplace due to the employer’s failure to fulfil this duty of care, the employee may raise a work accident* claim, also known as an employer liability* claim.

These may include:

Construction site accidents*
Farm accidents*
Dangerous or faulty machinery accidents*
Health and safety violations*
Accidents caused by poor lighting*
Ladder accidents*
Repetitive strain injuries*
Faulty personal protective equipment*
Manual handling injuries*

Public Claims*

Property and business owners, councils, and government bodies have a responsibility to ensure that any public space that they own is safe for public use.

If someone is involved in an accident in one of these spaces and sustains an injury because the area was not fit for public use, they would have grounds to raise a public claim.

Common public accident* claims include:

Slips, trips and falls in public places*
Car park accidents*
Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
Food poisoning from a restaurant*
Accidents caused by spillages or wet floors*

Common causes of these kinds of accidents include:

Damaged pavements/footpaths
Untreated roads, footpaths, cycle paths during winter
Failure to display ‘wet floor’ signs in supermarkets
Tripping over

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injury claim, it is often the case that the Board will proceed to make an assessment in this matter.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have been injured due to someone else’s wrongdoing, we can help you with the claims process. Contact us on 021-496 3400 or maharvey@martinharvey.ie.

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

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

Protect Your Legacy: What You Need to Know About Planning A Will

Posted on 6 April 202216 August 2022 by Dyjaho_Admin

It’s a subject that many people would rather avoid. However, preparing and executing your will is an important consideration so that you can ensure your legacy is dealt with as you intend. While it may seem morbid to think about, having your affairs in order will ultimately save your next of kin extra time and stress.

How Do I Put a Will in Place?

Your will can be drafted by a solicitor, or you can write it yourself. The benefit of getting a solicitor’s assistance is that you will be assured that your will is legally valid. Your solicitor can also act as the executor of your will, if you wish.

The criteria for a valid will are:

It is in writing;
The person making the will (known as the testator) is over 18;
The testator is of sound mind, i.e. they must have the capacity to decide what to do regarding their will, and they must be able to understand what they are doing;
The will is signed or marked by the testator affirming that they have done so with two witnesses present;
This signature or mark is placed at the end of the will;
The two witnesses also sign the will, and neither of them receive anything in the will.

There is no prescribed format that you must adhere to when making your will, but it must include several items of information, including:

Your name and address;
Your statement confirming that you renounce any previous wills or codicils (changes that you may have made to your will);
Details of one or more executors, who will be responsible for ensuring that the stipulations in your will are implemented after your death.

You can also include a residuary clause, which details what should happen to any of your assets that are not accounted for in your will.

Can I Change My Will After I’ve Made It?

Once your will has been made, you may want to make amendments due to, for example, changes to your assets or relationships. To do this, you can add what’s called a codicil to your will. A codicil is a separate document that contains information of the change you would like to make. However, if you want to make a lot of changes it may be easier to revoke your will and make a new one.

What if I Don’t Make a Will?

Having a will in place is the only way to ensure that your affairs are delegated as you wish after you die. If you don’t have a will, your estate will be dealt with according to the laws of intestacy. The law of intestacy provides that your estate will be distributed based on your relationship with the beneficiaries.

For such a delicate and complex issue, seeking professional advice is highly recommended.

We have the expertise and experience to guide you through wills and probate issues, whether you are an individual seeking peace of mind in regard to your personal affairs and the distribution of your assets following death or an executor tasked with putting the provisions of a deceased person’s will into operation.

Our team at Martin A. Harvey & Co., Solicitors will assist you throughout the process from initial consultation, extraction of grant of probate and finally distribution of the estate.To arrange for a consultation, please contact our team here.

Workplace Accident Claims: Know Your Rights

Posted on 9 March 202216 August 2022 by Dyjaho_Admin

At Martin Harvey & Co. Solicitors, we are experts in personal injury claims, so we know that whether you are working on site or from home, work-related accidents are a significant concern.

In 2020, 7,417 non-fatal incidents were reported to the Health and Safety Authority, 96.3% of which were related to workers.

Of these reported incidents, the most common triggers were:

Internal injury due to manual handling
Slipping or falling
Loss of control of object, machine, vehicle, etc.
Aggression, shock, or violence
Body movement leading to an external injury, such as a cut or bruise

Consistent with these findings, is the fact that the back is the most commonly injured area for workers, making up 20.4% of injuries. (Source)

What to do if you experience a work-related injury

If you experience an accident at work or on your way to work, you should report it to your employer. If you are absent for three consecutive days (excluding the day on which the accident occurred), your employer should report this to the Health & Safety Authority. For a full rundown on when and how employers should report these incidents, see this guide from the Health & Safety Authority.

Your employer has a duty to ensure your health and safety, including the provision of a risk-free workplace, adequate training, and proper facilities. (Source) Some workplace accidents occur due to negligence on the employer’s part if they do not adhere to health and safety legislation and fulfil their duty of care.

If you do not have grounds to raise a workplace accident claim against your employer, there are several potential means of obtaining financial assistance in the event of a workplace injury. Your employment contract will tell you whether you can avail of paid sick leave. Note that your employer has no legal obligation to provide this to you. Alternatively, you may be able to avail of the Occupational Injuries Scheme, or, depending on the extent of your injury, illness benefit or disability allowance. (Source)

If you can prove negligence or a lack of fulfilment of legal obligations on the part of your employer, you can raise a workplace accident claim against them. To support your claim, it is important to document the incident. Determine if there were any witnesses or CCTV in operation at the scene of the accident. Seeking medical attention once the injury has occurred will also provide you with medical records to support your claim. In some cases, the employer may try to prove that the injured party holds some responsibility for the accident, which is called contributory negligence. For this reason, it is strongly recommended to seek advice from a solicitor, who can guide you through the claims process and ensure that you are awarded the rightful amount of compensation.

At Martin A. Harvey & Co. Solicitors, we are specialists in the area of workplace accidents. We can provide professional advice with respect to your injuries and your particular rights regarding out of pocket expenses and the loss of your wages. Contact our team using our contact form on 021 496 3400 freephone or email us at maharvey@martinharvey.ie.

Making a Personal Injury* Claim: Step by Step

Posted on 24 September 202116 August 2022 by Dyjaho_Admin

Sustaining a personal injury can be a traumatic experience.

Whether you are subject to a road traffic accident*, a slip or fall in a public place*, or casualty in the workplace*, you may experience many forms of trauma including physical and psychological pain.**

If you have been involved in an accident wherein you received an injury due to the negligence of another person or entity, you may want to seek compensation by making a personal injury* claim. Read on to find out what steps you should take.

For an introduction to personal injury* claims, read our Complete Guide to Personal Injury* Claims.

Speak With a Solicitor

Making a claim can be a lengthy and complex process, with numerous strict stipulations. For this reason, your first step in making a claim should be to consult a solicitor, who will look out for your best interests and protect your rights. They will also provide help and guidance in submitting your application, procuring your medical report, and providing advice on whether you should accept or reject the assessment made by the Personal Injuries Assessment Board (PIAB). If you take your claim to court, they can arrange for the necessary court proceedings to be drafted and act as your legal representation.

Contact the Responsible Party

You must contact the responsible party, a.k.a. the respondent, in writing within one month of the accident, advising them of the accident and resulting injury. If you do not do this within one month, your PIAB application may not be affected, but it may infringe on your case if you end up taking it to court. The respondent must consent to the PIAB assessment within 90 days of your notice. If the respondent does not want the claim to be reviewed by the PIAB, you may take the claim to court. (Source)

Establish Your Medical History

As part of your application, the PIAB will need to review a medical report. (Source) This report can be provided by the medical practitioner who treated the injury in question. If you are unable to submit a medical report along with your claim application, you can ask your doctor for a note with details of your injury. You can also opt to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application on its own and send the medical report later. However, please note that you must submit all documentation (application, medical report, and fee) within two years of sustaining the injury. (Source) Before assessing your claim, the PIAB may carry out an independent medical examination. (Source)

**Fill Out a Personal Injury* Claim Application**

As mentioned, personal injury* claims should be sent to the Personal Injuries Assessment Board (PIAB), apart from cases of medical negligence.** The PIAB is an independent statutory body that assesses “personal injury claims for compensation following road traffic, workplace or public liability accidents.” (Source)

To submit your claim, you can go to piab.ie to fill out the application form. You may submit the form online or by post.

Submit Your Application

When submitting the form, you must include the processing fee. As mentioned, if you have medical documentation at that point, include this with your application. If you have made any financial losses due to the accident, you must include receipts of this with your application. You can also include any other documentation that you deem relevant. (Source)

Remember that you must make the claim within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004. (Source)

Receive a Decision on Your Claim

Once the respondent permits the claim to be assessed by the PIAB, it will take ‘just over 7 months’ on average for a decision to be made. If your claim is taken to court, it may take up to 36 months. For claims assessed after 24 April 2021, the PIAB refers to the Personal Injuries Guidelines as a guideline for awarding personal injury* claims. (Source)

It is usually the respondent’s insurers that are responsible for paying compensation if the claim is awarded. (Source) If either you or the respondent does not accept the award provided by the PIAB, the case may be taken to court. (Source)

If you would like assistance regarding a personal injury* claim, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you.

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

What to do after an accident in a public place

Posted on 27 July 202125 August 2022 by Dyjaho_Admin

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

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

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

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

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

Did your accident happen in a public place?

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

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

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

Was your accident avoidable?

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

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

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

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

Back to Work & Workplace Accidents

Posted on 25 June 202116 August 2022 by Dyjaho_Admin

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

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

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

Nervous about returning to work?

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

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

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

3 Easy Steps for Employers

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

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

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

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

Had a workplace accident ?

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

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

The Complete Guide to Personal Injury Claims

Posted on 22 June 202116 August 2022 by Dyjaho_Admin

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

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

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

What is a personal injury* claim?

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

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