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4 Courts In Dublin

Is There A Time Limit For Personal Injury Claims In Ireland?

If you have been involved in an accident there may be so many other things to think about, that making a claim* is the last thing on your mind. You may be dealing with trauma or injuries and it can take a while before you feel ready to pursue a personal injury claim*. Unfortunately, if you wait too long, you could miss out on the compensation you are entitled to.

There are many reasons for making your claim as soon as possible, including the availability of evidence and reliability of witnesses. And many people just want it to be dealt with as quickly as possible so that they can put the experience behind them.

Another very important reason for acting quickly is that under the Civil Liability and Courts act 2004 the claim should be made within two years of the accident.

 

Reasons for Delay

However as there are also many reasons why a claim might be delayed, there are exceptions to this rule. The two years period is said to start from the “Date of Knowledge”. This is the date when you have the knowledge required to make a claim. Although this may be the actual date of the accident, there are exceptions, so this is not always the case.

For example, you might not know who to claim* against until well after the accident. In this case, the two-year period would begin on the date you got that information.

Another common scenario is when you only become aware of the seriousness of your injuries at a later date. You might develop a back-problem years later which is the result of a previously undiagnosed injury from the accident. In this case the date of knowledge it set at when the diagnosis was made.

That is why it is important to have even minor injuries investigated right away. It ensures that any underlying issues will be treated. Also, your medical records with details of any diagnosis and treatment following the accident will support your case.

 

Other Exceptions

Exceptions are made for children, under 18, at the time of the accident. A child cannot make a personal injury claim* although a parent, guardian or other representative, known as a “Next Friend” can claim on their behalf. However, if no claim is made, the child has two years from the date of their 18th birthday to make the claim, regardless of how long ago the accident was.

Other exceptions include circumstances where the accident made the person unable to make the claim. Injuries from the accident might have caused brain damage leading to mental impairment; or they might be undergoing medical treatment making it impractical for them to deal with the claim.

So, while it is always best to make your claim* as quickly as possible, if you have not been able to do so, it might not be too late. The best way to find out is to discuss your case in confidence with one of our personal injury specialists to help you decide what your next step should be.

 

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

personal-Injury-NEW-01-5

6 Types Of Serious Personal Injuries*

A look at some more serious personal injuries

Many personal injury claims* are relatively small and although the distress to the sufferers is very real. Fortunately, they usually don’t involve life-changing injuries. But there are still many incidences every year of more serious injuries which can have long term consequences for both the victim and their families. As well as pain and distress these injuries can also have serious financial consequences. This is why many people will seek compensation through the courts.

Here are some of the more serious injuries which can lead to personal injury claims*

Back and Spinal Injuries

Injuries to the back can result in serious problems. Long term backache can interfere with work and the ability to carry out many normal activities. This kind of injury is often caused by the strain of lifting a heavy load. More serious injuries occur when the injury affects the spine including the vertebrae at the top of the spine that support the neck. At worst this kind of injury can result in paralysis causing serious mobility issues.

Head and Brain Injuries

The most common cause of injuries to the head are falls and vehicle collisions. The skull plays an important role in protecting the brain but a severe blow to the head can cause a fractured skull. A fractured skull can lead to brain damage due to the build-up of pressure. The result of this can range from short term memory loss to long-term cognitive impairment. Or in the worst cases, it can lead to death

Brain injuries can also be caused by lack of oxygen to the brain during birth. This can have long term consequences for the child and their family. Any personal injury claims would take into account the additional costs of caring for the child.

Loss of Sight

Brain injuries can also lead to loss of vision as can injuries to the eye. The eyes can be damaged by trauma inflicted by a sharp or blunt object or contact with chemicals such as acid. The impact will depend on the nature of injuries and whether one or both eyes are affected. The worst injuries may cause blindness resulting in not being able to carry on with work.

Criminal Injuries

Criminal injuries may be the result of an assault and can include stab wounds. As well as physical injuries there can be psychological problems especially if the assault leads to facial injuries such as scarring and disfigurement.

Amputations

The loss of a limb will usually lead to major life changes including adapting to using a wheelchair or a prosthetic limb. Depending on the limb affected and the extent of the amputation this can be one of the most serious injuries.

Fatal Injury

Most people would agree that the worst scenario is when the injury leads to death. In this case, it is the family of the deceased who will receive compensation. In these cases, consideration will be given to the emotional distress as well as the financial effect of the death on their financial dependents.

This, of course, does not cover all possibilities but it gives a picture of the kind of injuries that might lead to a personal injuries claim If you feel that it might be appropriate to make a claim contact McSweeney Personal Injury Solicitors Dublin for advice on how to proceed.

 

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

personal injury Solicitors Dublin

How Much Is My Personal Injury Claim Worth?

What is a personal injury claim*?

Personal injury is a broad term which covers any type of harm caused to an individual as opposed to damage to property or business. It can cover both physical and mental or emotional harm. From a legal point of view, it refers to cases where an individual or organisation can be shown to be responsible for causing the injury. The amount paid out following a successful claim depends on a number of different factors. It is only when your lawyer has the whole picture that they can suggest what would be an appropriate of compensation for the claim.

Some common scenarios that lead to personal injury claims* include car accidents and accidents at work as well as injury caused by faulty products such as badly designed children toys or flammable clothing. County or city councils may be held responsible for accidents in public places for example if loose paving stones or faulty banisters cause a member of the public to trip or fall. You could even possible claim for an injury while playing golf.

 

How much is my claim worth*?

There are a lot of different factors which need to be taken into account to decide how much the claim should be. A lawyer would usually start by considering the extent of any physical and/or psychological harm. In some cases, there is no physical harm but the long term effect of an accident can lead to post-traumatic stress disorder. Compensation may be awarded to cover the claimant’s emotional distress.

The amount of the award should also take into account other factors which resulted from the injury. As well as suffering pain and distress there may be financial consequences caused by  personal injury*. You may have had to take time off work or in more serious cases have had to give up your job altogether. In such cases, loss of earnings as well as loss of potential earning will be taken into account when deciding the figure. You might also have had to pay additional medical costs such as counselling or private physiotherapy.

In addition to compensation based on the claimant’s suffering and losses, the court may decide to award punitive damages. This is an additional amount added if the court feels that the defendant deserves to be punished or as a deterrent to encourage the defendant to change their behaviour in the future.

 

Proceeding with your personal injury claim*

Many lawyers take on personal liability cases on a no win no fee basis although advertising this fact is not allowed within the laws. This may be something you want to consider and if so you should discuss it with your lawyer. If they agree that this is the best way to proceed, then they will only charge you a fee if you win your case.

Personal injury claims* are complex with many factors to be taken into account. Early on it is advisable to discuss all aspects of your claim with a lawyer who is experienced in this field. At McSweeney Personal Injury Solicitors, our clients can benefit from years of professional experience in this area and we will always be happy to discuss all the relevant factors to help you make the best decision.

 

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

No Win No Fee

Personal Injury Claims Dublin* – No Win No Fee Explained

No Win No Fee Explained

A no win no fee arrangement, also known as no foal no fee, is becoming increasingly common for personal injury claims*. It means that you will only have to pay your solicitor’s fee if you win your case. However, this doesn’t guarantee that the case won’t cost you anything. If your case is settled out of court you will be required to pay.

 

When to use no win no fee

This arrangement is most often used for personal injury claims*. For example, if you have been in a car crash or involved in an accident at work you might want to pursue your claim on a no fee no win basis. While it not legal to advertise no win no fee to personal injury victims, at McSweeney Personal Injury Solicitors*, we will always advise you on what we think is the best course of action to take.

 

Finding the right solicitor

Although many personal injury law firms* work on a no win no fee basis, is not legal to advertise this service. It is of course a perfectly legal practice,  but it is something  for you to discuss with your personal injury solicitor. Lawyers must follow strict guidelines regarding how they advertise their services. So, if you see a company advertising no fee no win services they should be avoided as they do not meet the standards required by the Law Society of Ireland’s Regulations. They may be what is known as a claims harvesting company which seeks out and encourages people to pursue claims. Such companies have been shut down in Ireland but continue to work elsewhere and target potential claimants in Ireland.

 

Even if you have used a solicitor in the past, personal injury claims* are a specialist area so make sure you find one that has relevant experience.  Be sure to use a reputable company who conforms to all the appropriate rules and regulations. Make sure your solicitor has plenty of experience in the field of personal injury claims* and preferably ones that are relevant to your case – for example, industrial injury or medical negligence. Take a look at their website and make sure it looks professional and provides clear information. They may have examples of case studies as well as reviews and testimonials which will give an insight into other people’s experience.

 

If you feel happy with what you see, arrange an appointment for an initial face to face meeting to discuss your case. You will also be able to discuss costs in detail. Every case is different so it is not possible to give an off the peg list of prices. A realistic estimate can only be made once the solicitor has a clear idea of the nature and complexity of the case.

 

At McSweeney Personal Injury Solicitors Dublin* we are happy to talk through all the issues to ensure that our clients receive that best possible professional assistance during for what can be a stressful process.

Whether it be a car accident claim*, a motorbike accident claim*, a bicycle accident claim* or a pedestrian accident claim*. Get in touch with McSweeney Solicitors for advice today.

 

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

Luas Accident Claims Dublin

Tram Surfing Public Liability Claim and a Large Compensation Settlement

The last four years, there have been reports of people participating in tram surfing, which has results in incidents and injuries. The Irish Rail and Luas tram have records demonstrating that there have been more than 110 incidents since 2014. Tram surfing is the latest craze that involves a person holding onto the outside of the tram and clinging to the carriage before it is about to move away from the station. This is an activity can have fatal consequences*, as the person jumps onto the side door and has to hold on with their fingers on a small ledge.

 

One example of tram surfing happened at Fatima station on 3rd September 2010, where Ms Rebecca Kelly, a 13 year old girl, fell and sustained brain injuries*. She was tram surfing on a Luas with a friend and she had attempted to jump onto the Luas tram while it was moving away from the station. This results in her falling backwards onto the tracks and she hit her head on the ground. She sustained bad injuries and even had to be dragged from the tracks to avoid being hit by oncoming trams.

 

A compensation claim action* was brought through Elizabeth Kelly, the mother of Rebecca Kelly. It was argued that there has been a failure to provide adequate visual systems on the tram and the driver did not have a clear vision. This meant that the driver could not correctly observe the side of the tram away from the platform and this was not done before the tram moved away from Fatima Station.

 

Although, the High Court was informed that Ms Kelly accepted that what happened was her fault and she was aware that she should not have taken part in tram surfing at the time. Bruce Antoniotti informed the court that Ms Kelly understood that this was a very dangerous activity and that she wished there to be no blame on the drive of the Luas at the time.

 

The claims made by Ms Kelly were denied by Veolia, the operator of Luas. They argued that there has been contributory negligence in this case; Ms Kelly has chosen to tram surf and risk sustaining an injury. She had total disregard for her own safety when she decided to take part in tram surfing.

 

The compensation settlement was approved by Mr Justice Cross. He also stated that Ms Kelly should know that tram surfing was dangerous and should not have to be told it was a silly thing to do. But, he did appreciate that she had been honest. Ms Kelly was awarded €550,000 as a compensation settlement.

 

Moving forward, Irish Rail has made sure that the refurbishments made to the Dart fleet make tram surfing more difficult. This comes after 12 incidents on the luas happened in the last three years between Dublin and Dundalk. This includes changing the headlight units so that it is hard to hang on to them. In addition, staff are being advised to be more vigilant and report any risks that they see to prevent more public injuries and claims* from tram surfing.

 

McSweeney Personal Injury Solicitors* are always on hand to deal with such claims whether they be Pedestrian accident claims*, slip, trip and fall claims*, road traffic accident claims* or car accident claims*. Get in touch today and we will advise you on the best course of action you can take with your claim.

 

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

Fatal Accident

New National Database Targeting Uninsured Drivers to be Introduced in 2019

As the New Year begins new measures are being taken to tackle the two major problems facing driver and insurers. A new scheme is being introduced which aims to not only cut down the number of fraudulent insurance claims being made, but also allow the Garda to identify uninsured drivers quickly and easily. Here at McSweeney Personal Injury Solicitors, we are keeping our clients up to date with these changes.

 

Tackling the Problem of Uninsured Drivers

 

By the beginning of the year, the details of drivers who are insured privately will be held in a national database. With the help of a handheld device which can scan licence plates and match them to a number stored on the database, the Garda will be able to identify uninsured vehicles.

This information has been provided by the insurance companies.

 

The scheme, using this licence plate recognition system has been piloted in the Limerick District. As the results looked positive it is soon to be rolled out across all districts. It was originally approved under the Road Traffic (Amendment) Act 2018. This was passed in July 2018 with a view to the scheme being operational by the end of 2018. However, the scheme will not get fully underway until 2019.

 

Insurance companies, whose costs are being forced up by fraudulent claims, have assisted the Garda in putting the database together by providing details of both insured and uninsured vehicles. The information they have gathered is now set to be transferred by electronic link to the Garda’s licence plate scanning system.

 

Tackling Fraudulent Insurance Claims

 

The new database will reveal important information about how an increasing number of claims is leading to increases in insurance costs for drivers. This has become a major issue in Ireland. The Personal Injuries Commission reported recently that payouts for personal injuries in Ireland are considerably higher than in the UK. One example showed that the average sum awarded for whiplash is close to four and a half time what is paid out for similar injuries in the UK

 

The top drivers’ organisations, the AA Ireland claims that insurance premiums could be reduced substantially if more effort was made to deal with fraud and the associated legal fees. This could save the average motorist €100 or more per year.

 

The insurance industry blames the government’s lack of action. They claim the government could have taken steps to resolve the problem. But through not taking the issues seriously enough, insurance companies have no choice but to increase their costs which inevitably has to be passed on to the customer.

 

The cost of meeting insurance claims is somewhere between €55 million to €60 a year. It is estimated fraudulent claims cost the customer an extra €30 to €35 per policy

 

New Legislation

Enterprise and innovation spokesman Billy Kelleher has pointed out that insurance fraud is a legal matter and it should be dealt with through the legal process. Making a false insurance claim is a crime, and it carries penalties of up to 10 years in prison or a €100,000 fine. However, it is very difficult to prove. Despite The Motor Insurers Bureau of Ireland (MIBI) claim that as many as 1 out or every eight claims are false, the courts have yet to successfully prove a case.

 

This is perhaps more likely to happen in future  thanks to the new Civil Liability and Courts (Amendment) Bill which has been introduced to tackle the problem.

 

The MIBI noticed a significant drop in insurance claims after taking a number of measures to reduce fraudulent claims. Most importantly they pursued a policy of passing any claims they believed to be suspicious to the Garda. The number of claims received by insurers dropped by 8% during the first half of 2018.

 

The Garda, insurance companies and the legal profession are working together and hopefully this will lead to improvements that will benefit both drivers and insurance companies. As solicitors with many years of experience in dealing with motoring and road accident cases, McSweeney Solicitors can provide expert legal advice on all aspects of these issues.

 

 

If you are involved in an accident involving an uninsured driver, you are still able to claim compensation. Indeed a number of road traffic accident claims are made against uninsured drivers. Whether it be a car accident claim or a pedestrian accident claim. Get in touch with McSweeney Personal Injury Solicitors Today for more information.

Fatal Accident

Fatalities on Irish Roads in 2018

Unfortunately, fatalities can happen at any time on the road. Of course, there are a number of reasons why this may happen. But often it is innocent victims that are killed at the hands of an inconsiderate or reckless driver and during an accident on the road. In particular, the statistics for 2018 in Ireland indicate that other drivers and pedestrians are two of the highest groups that have been fatally injured on the road this year.

 

With a yearly comparison, it has been indicated that there have been marginally fewer fatalities on the road in 2018 than there was in 2017. In totally, the number of deaths from road traffic accidents* up to 19th December 2018 was 144. This includes pedestrians, drivers and passengers, as well as motorcyclists and pedal cyclists. The year before, which was up to 19th December 2017, 150 people were killed in an accident.

 

A particularly vulnerable group in 2017 was cyclists and this has not seemed to change this year. Nine cyclists were tragically killed on the road in 2017 and this number remains at nine for 2018. The last two years have been an increase from previous years, which means it is more important than ever for drivers to know and understand road safety and giving space to cyclists. We have also seen a large number of cycling accident claims* in 2018.

 

Another similar vulnerable group on the road is motorcyclists. A total of 14 motorcyclists were killed on the road in 2018 due to a number of reasons. Again, it is important that other drivers give motorcyclists space, as well as for motorcyclists to wear helmets and protective gear to have the best chance of survival in a crash. We have a large number of motorcycle accident claims* in 2018 also which can often be very serious.

 

There is a call for more caution and awareness by everyone that is using the road, particularly, putting mobile devices away and anything else that will aid as a distraction when you are travelling. The highest number of fatalities can be seen by other drivers, with a total of 61 drivers killed in 2018.

 

41 pedestrians lost their lives in 2018 from road traffic accidents. Drivers should be reminded to avoid distractions and to comply with speed limits when they are travelling. In addition, a look out for pedestrians crossing the road is also vital.

 

Road traffic accidents* can also lead to the death of passengers in the vehicle that crashes. While wearing a seatbelt is very important, it is also the driver’s responsibility to be sensible and adhere to all the rules of the road to help to prevent accidents.

 

McSweeney Personal Injury Solicitors Dublin* are on hand to provide support and initiate personal injury claims for any who has been injured in a road traffic or work related injury in 2018 even if it was caused by an uninsured driver. Get in touch today if you have any questions.

Personal Injury Claims DUblin

Making A Personal Injury Claim Through The Personal Injury Assessment Board

Under the Personal Injuries Assessment Board Act 2003, the Personal Injuries Assessment board was created. This is an independent statutory body in Ireland that will assess personal injury compensation. If you want to make a personal injury claim in Dublin then it is necessary for your claim to be submitted to the Personal Injuries Assessment Board. The only exception is if you are involved in a medical negligence case.

 

The Personal Injuries Assessment Board will allow you to seek an independent assessment for your personal injury claim if you have been involved in a road traffic accident, accident in the workplace or a public liability accident. However, if the respondent does not consent to this assessment by the Personal Injuries Assessment Board, you will be able to bring your claim to the courts.

 

Normally, you can expect your claim to be assessed by the Personal Injuries Assessment Board within seven months once the respondent has consented. If your claim is going through the court system if there is no consent, known as litigation, this can take longer. This claim could take up to three years.

 

The medical evidence that you submit and that is from your doctor will be used for assessing your claim. There are some instances when an independent doctor will be required for a report and this will be arranged by the Personal Injuries Assessment Board. Taking into account your injuries and individual circumstances, an assessment of the damaged will be made. The Book of Quantum can be seen to examine the guideline amounts for compensation. If the respondent does not agree with the Personal Injuries Assessment Board’s reward, the claim can go to the courts by referral.

 

If you have suffered psychological injury in the accident, this is not suitable for assessment during the Personal Injuries Assessment Board’s procedure. Under section 17 of the Personal Injuries Assessment Board Act 2003, you may gain permission to take your claim to court.

 

Due to the Recovery of Certain Benefits and Assistance Scheme, there is the possibility to recover some illness-related social welfare payments. This can be done by the Department of Employment Affairs and Social Protection and compensation can be recovered from the compensator.

 

Rules to Follow

 

There is a time limit on claims set by the Civil Liabilities and Courts Act 2004. This means that you have two years from the date of the accident to make a claim. However, it is best to send your claim in writing and by registered post to the person you believe to be responsible for your injuries within two months of the accident. This should not affect your application to the Personal Injuries Assessment Board, but it can make a different if you have to go to court later on.

 

You will receive a receipt from the Personal Injuries Assessment Board when they receive your application. This will have the fee and application number on it. The Personal Injuries Assessment Board will then take the next step to inform the other party that you believe is responsible for the injury about the claim. The respondent is given 90 days to accept and consent to the assessment of the claim by the Personal Injuries Assessment Board. However, if they do not consent, you will be given Authorisation by the Personal Injuries Assessment Board. Authorisation is a legal document that will allow you to take your claim to the courts. It is your decision whether you do this.

 

You will have the choice whether you accept or reject the award given by the Personal Injuries Assessment Board. You have 28 days to make your decision. To accept your compensation, you should accept in writing to the Personal Injuries Assessment Board. If you fail to write to the Personal Injuries Assessment Board in 28 days, it is automatically assumed that you reject the compensation.

 

The other party will have 21 days to response to the assessment, either by accepting or rejecting the decision made by the Personal Injuries Assessment Board. If they fail to reply within this time, it will be assumed that they accept the assessment that has been made. Once both parties have accepted the assessment, an Order to Pay will be used by the Personal Injuries Assessment Board.

 

Rates for Application

 

You can expect there to be a charge of €45 for an application to the Personal Injuries Assessment Board.  Respondents can expect to pay a fee of €600 to allow for an assessment to take place by the Personal Injuries Assessment Board. If you do have insurance in place, they will cover this fee.

 

Making an Application

 

It is important to send your personal injury claim online or by post to the Personal Injuries Assessment Board. This should include an application form and a medical assessment form. This makes up Form A and Form B. Payment should be made by telephone or online when you are submitting your application. It is possible to send a cheque or postal order.

 

Receipts for any financial loses that you have should be included with the other forms and documents. This will ensure they are part of your personal injury claim.

McSweeney are experienced in all types of injury claims including: Motorcycle Accident Claims, Cycling Accident Claims, Road Traffic Accident Claims, Car Accident Claims, Accident At Work Claims and Fatal Injury Claims in Dublin. Get in touch today for more information.

Find out more about No Win No Fee Personal Injury Solicitors In Dublin

Car Accident

Car accident injuries that were settled in court

In November of 2013 saw two plaintiffs succumb to injuries in a car accident. They were both travelling in the same car from Dublin to Newry for a pre-Christmas shopping expedition. The accident occurred whilst travelling down the M1 in the speed region of 80 and 90 kilometres an hour. While travelling at this speed saw the sunroof fly off of the car with such ferocity it gave the passengers all a fright. With panic circling inside the car, the driver was left with no choice but to brake harshly. In the hasty deceleration resulted in two plaintiffs and three family members also travelling in the car suffer severe car-whiplash injuries. The worse injuries were suffered by the driver’s 72-year-old mother. She had suffered a compression fracture to one of the vertebrae in her lower back.

Car Accident

The injured members of the vehicle filed for car accident injuries claims from where the car had been purchased from four months prior to the incident. It was alleged in the claims that the sunroof fault was not and should have been identified by the dealer. The dealer who sold the plaintiffs the car was Dennis Mahony Limited of Killabarrack Road in Dublin.

Dennis Mahony denied Legal responsibility for the accident is the fault of the dealership in not servicing their cars at a high standard. Unfortunately for Dennis Mahony at The Circuit Civil Court in Dublin Mr Justice Raymond Groarke was told that the deterioration found in the structure of the sunroof would have been in attendance on the Toyota car at the showroom whilst it was being sold. The statement of a self-governing motor evaluator found that the deterioration in the structure of the sunroof led to it being blown off with such ferocity whilst the car was travelling between 80-90kmh.

Judge Groarke came to the conclusion that braking so suddenly and harshly was understood to be an appropriate action taken by the two plaintiffs as the fear of having a sunroof torn off the car whilst travelling at the speed of 90kmh would have been terrifying. The end result of the case saw the driver of the car awarded with the sum of €12,500 compensation and her mother the sum of €25,000.

If you have any question don’t be afraid to contact us at on our email info@mcsweeneysolicitors.ie or call us on 01-887448

Affidavit

Getting an Affidavit or Statutory Declaration Witnessed

Some important documents such as Affidavits and Statutory Declarations require the signature of the person making it to be witnessed by a Commissioner for Oaths or Practising Solicitor. Your own solicitor is prohibited by law from swearing your Affidavit or Statutory Declaration, so even if you have a solicitor already involved in your case they cannot witness your document. You must therefore go to a solicitor in another firm or an independent Commissioner for Oaths.

Affidavit

Conveniently located in Dublin City Centre, McSweeney Solicitors provide a hassle-free Commissioner for Oaths and solicitor service to witness your signature on an Affidavit or Statutory Declaration. Usually we can facilitate a same day service, but in order to avoid a possible wasted trip it is always best to call ahead to confirm.

Getting An Affidavit Sworn

Affidavits are common in all court proceedings and probate matters. An Affidavit is a sworn document that is generally used as evidence in court proceedings. An Affidavit will contain a statements of facts relevant to the person’s case. It is important to remember that the Solicitor or Commissioner for Oaths is not verifying the statements you have made or approving the content of the Affidavit; they are only ensuring that the necessary formalities are complied with. It is the person making the Affidavit’s responsibility to ensure they understand it and the contents are accurate.

In addition to general Affidavits other common types of Affidavits are: Affidavits of Means; Affidavits of Welfare; Affidavits of Verification; CA24 Inland Revenue Affidavits; Oath of Executor; etc.

Please click in this link to find out more about swearing an Affidavit

Getting A Statutory Declaration Witnessed

A Statutory Declaration, similar to an Affidavit, is an important legal document. Commonly Statutory Declarations are required for Naturalisation applications, property transactions, the Companies Registration Office (CRO), Passport Office, HSE Employment Declaration of Character, Local Authorities, Teaching Council, and other professional bodies.

 Passport Application Forms For Children

An application for a passport for anyone under the age of 18 requires the consent of all parents/guardians and this consent must be witnessed.The list of suitable witnesses can be found here. https://www.dfa.ie/passports-citizenship/top-passport-questions/how-to-get-your-application-witnessed/

If you are an unmarried mother or other sole legal guardian of a child you must sign a Sole Legal Guardian Affidavit and submit this with your child’s passport application form.

McSweeney Solicitors can witness your child’s passport application form and/or Sole Legal Guardian Affidavit.

Application For Naturalisation As An Irish Citizen

We also regularly get asked to witness the application form for Naturalisation (Form 8 – Irish Nationality and Citizenship Act 1958).

Fees

The fees that a Commissioner for Oaths/Solicitor can charge are laid down in law in the Rules of the Superior Courts (Fees Payable to Commissioners for Oaths) (SI 616 of 2003). The standard fee is €10 per signature on an Affidavit or Statutory Declaration. If there is an exhibit, for example a marriage certificate, attached to the document which also needs to be witnessed, there is an additional €2 charge per signature.

What Do I Need To Do?

  • You need to read the completed Affidavit or Statutory Declaration to ensure you are satisfied the contents are correct.
  • Call us to make an appointment
  • Bring suitable photographic identification (passport or driving licence)
  • Pay the fee

It’s as simple as that! Please feel free to call us if we can help you.