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How do Personal Injury Claims Work in Ireland?

Have you been involved in an accident* that was not your fault? Have you sustained injuries and would like to seek compensation for your ordeal? Unfortunately, the negligence of another person can often lead to suffering by an innocent party. If something has happened to you, you do not have to suffer alone. Instead, you can make a personal injury claim so that you can receive help through your recovery and to seek your own justice. In order to do this, it is essential that you know how personal injury claims work in Ireland.

 

There is a Personal Injuries Assessment Board

Affidavit

All personal injury claims made in Ireland are dealt with by the Personal Injuries Assessment Board or PIAB. This is an independent statutory body that has been set up to see whether you should receive compensation for an accident you have been involved in. They will analyse the Book of Quantum to see how much you should get. They hear cases involving:

 

It is possible that the third party involved in the accident may not want the PIAB to hear the claim. If this is the case, you are able to escalate the claim and go to court.

 

There are also some personal injury cases that cannot be heard by the PIAB. This includes:

  • Medical negligence
  • Assault claims
  • Accidents involving psychological injuries

 

Patience is Key

While everyone wants their case to be dealt with as soon as possible, it can take a while for your case to be processed. In total, it can take around seven months for your case to be processed by the PIAB. Indeed, this is going to be longer if you have to go to court over the incident.

 

Know There is a Time Limit

If you have been involved in an accident and want to make a personal injury claim, be aware that there the statute of limitations. In other words, there is a time limit on when you can make a claim. Once you find out that you have been injured or realise the accident was caused by negligence, you have two years to start your claim. This is known as the date of knowledge. For most people, it will be at the time of the accident. After two years, your claim is going to be invalid and you will not receive compensation.

 

How to Make a Claim

First of all, it is best to get in touch with a personal injury solicitor. They are going to be able to guide you through the process and make it easier to deal with. In addition, you will have a better chance of gaining compensation. Then you will want to obtain a medical report from the doctors. Hopefully, you visited the doctors after the accident to confirm your injuries. This is going to act as evidence for your case. Give this to your solicitor.

Your solicitor will start the application to the PIAB for you. They will submit your medical report and complete all of the necessary documentation. PIAB will confirm your claim to the respondent and they will have to agree to have the accident assessed. This is when the facts will be examined and it will be decided how much compensation you should receive to settle the claim.

Note that you are not obligated to accept the amount of compensation that is proposed by the PIAB. In addition, the respondent can refuse for the claim to be assessed. This is when your solicitor can choose to take your case to court.

 

*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: How Much Compensation Will I Receive?

The purpose of a personal injury claim* is to receive compensation from the person responsible for the accident you were involved in. The amount that you receive will depend on the physical and psychological injuries that you have suffered. The goal of compensation is to cover the potential losses that you have incurred from an accident.

How Much Compensation Can I Receive?

When you are starting a personal injury claim, you are going to be wondering; how much compensation will I be rewarded? However, there is not a straightforward answer to this question without knowing all the details of the accident. The amount of compensation received varies on a case-by-case basis. While a personal injury solicitor can advise you, they will need to know more about the accident first. But the Injuries Board Book of Quantum can help to estimate how much you may receive for your accident.

 

What is the Injuries Board Book of Quantum?

It is the duty of the Injuries Board to assess each personal injury claim that is filed. In order to ensure that the fair and just amount is given to people for an accident that was not their fault, they use the Injuries Board Book of Quantum. This has guidelines that are used to calculate compensation. The information it contains was created from over 51,000 cases between 2013 and 2014. Therefore, it offers guidelines based on real court statistics and how much compensation was rewarded. This is going to help the Injuries Board look at your case and award the right compensation for your injuries.

 

What Aspects are Considered for Compensation?

Of course, the injuries that you have sustained are a focus for the Injuries Board when they are calculated compensation. But there are other aspects that will be considered. For example:

 

  • The loss of enjoyment in your life from pain and suffering
  • The loss of any earnings from being off work
  • Any medical bills incurred from the accident
  • Any loss of future earnings from the injuries sustained
  • The cost of any future medical treatment necessary

 

Is the Severity of the Injury Considered for Compensation?

A lot of people assume that the severity of the injury is not considered. While the Book of Quantum gives general guidelines, the severity of your injury will be looked at for compensation. For example, there are categories for injury severity and they are as follows:

 

  • Minor
  • Moderate
  • Moderately severe
  • Severe and permanent conditions

 

If you have multiple injuries, the Board will normally examine the most severe injury that you have. They will then make sure that the value is adjusted so that you can receive compensation for all of the injuries from the accident.

Example Injury Estimations

Again, the exact amount of compensation you will receive will depend on your individual case. But here are some examples of the compensation you might get based on the type of injury sustained.

 

Head Injuries

  • A minor concussion but no loss of consciousness – up to €21,800
  • Moderate skull fracture with loss of Consciousness – Between €68,200 and €128,000
  • Eye Injury, total loss of sight in one eye – up to €138,000
  • Minor nose fracture ­– €18,000 to €22,100
  • Broken tooth – €7,500 to €10,300

 

Neck Injuries

  • Minor whiplash – up to €15,700
  • Severe whiplash and soft tissue injuries – €44,600 too €77,900

 

Back Injuries

  • Moderate soft tissue back injury – €21,400 to €34,400
  • Severe and permanent vertebrae injury – €76,000 to €139,000

 

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

 

 

 

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How Long Will My Personal Injury Claim Take to Settle?

Being involved in an accident* that was not your fault can have long-lasting effects. Perhaps you have suffered from long-term injuries or your car has been totally damaged and it is no longer roadworthy. An accident can also have an effect on your mental health.

Of course, making a personal injury claim is recommended when you have suffered from an accident that was not your fault. This is an opportunity for the negligence of the other person to be rectified and you can receive compensation to help with your recovery.

The first question that people normally have is; how long will my personal injury claim to settle? We understand that going through a claim be stressful and time-consuming. Unfortunately, there is not a straight forward and definitive answer to this question. But with the right legal team behind you, you can ensure that your claim moves as quickly as possible. Here are some factors to be considered.

Time to Gather Evidence and Start the Process

Before you submit your application to the Injuries Board, it is going to take some time to find a solicitor. This is the first step in the process. Take your time and find the right personal injury solicitor for you. They are going to help you gather all of your information and evidence ready for the assessment. For example, you are going to need:

• Medical reports
• Photographs of the scene
• CCTV footage
• Photographs of the injuries
• Witness statements

You will also explain all of the details to your solicitor, as well as gathering evidence. For instance, you will have to explain what happened in the accident and the injuries that you have sustained. You may want to talk about any pre-existing conditions or expenses that you have incurred because of this accident.

Therefore, this first step can take a while, depending on how easily you can find a solicitor and gather evidence. If you are proactive, you can make sure that this step only lasts a couple of weeks. But it could also take months to be ready to submit your application to the Injuries Board for assessment.

The Complexity of Your Claim

Car Accident

The type of claim you are making is going to affect the overall length of your case. For example, some accidents are going to be straight forward. It will be obvious who is liable for the incident and there will be no objections to the evidence that is raised. In addition, you happily accept the settlement proposed by the Injuries Board. However, there are going to be some cases that are more complicated than others. It may be difficult to find liability or arguments stated by both parties. Indeed, it will take solicitors longer to get your application ready to submit and longer for the Injuries Board to recommend an outcome.

The Injuries Board Assessment

Once you have gathered all of your evidence and filled in the application, it will be time to submit it to the Injuries Board for assessment. The Personal Injury Assessment Board Act 2003 states that all claims that are made must be processed within nine months. First of all, the other party involved in the accident will have to give their consent for this process to go ahead. They are going to have 90 days to respond to the claim.

Making a Decision on Your Claim

You may be waiting a while on the Injuries Board assessment. They will take their time to ensure that the right settlement can be presented to you. Once they have completed their side of the investigations and make a decision, they are going to inform you. You have the ability to accept or reject the assessment made by the Injuries Board. In total, you will be given 28 days to deliberate and think whether a fair assessment of your claim has been made.

Of course, if you are happy with the assessment that is made by the Injuries Board, you can go ahead and accept the settlement. The respondent also has 21 days to accept the decision. This is going to end your claim and you will receive your compensation shortly after this time. However, you can also reject the decision by the Injuries Board. This will mean that more time will be spent on escalating the claim to legal proceedings.

Taking Your Claim to Court

If you disagree with the assessment of the Injuries Board, you can start legal proceedings. Of course, it is important to acknowledge that this will delay settlement. However, it might be a better option for you when it comes to seeking justice and compensation. Having a solicitor on your side is going to help make the process a lot easier. They will put your interests first and represent you to the best of their ability. This will ensure that the other party at fault pays compensation. The court process can take a while and it will depend on the backlog of cases and time of year.

There are Legal Time Limits

There are legal time limits on personal injury claims. The Statute of Limitations states that you have two years less one day from the date of knowledge to make your claim. In other words, you may not think about making a personal injury claim at first. But later on, if you decide you want to process, you are going to be able to do so as long as it is within this time limit.

Note that the date of knowledge can be when the accident occurs. It can also be when you discover the injury was significant or that you learned the identity of the other person in the accident.

If you are making a personal injury claim, be aware that this is unlikely to be settled in under 12 months. As we have discussed, there is a lot of work that goes into each claim. Each stage also takes a while to complete. But with the right solicitor, you can ensure that your personal injury claim runs as smoothly as possible.

 

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

Fatal Accident

What to Do After a Car Crash That Was Not Your Fault In Ireland

What to Do After a Car Crash That Was Not Your Fault *

 

It does not matter how good a driver you are or how many years you have been on the road for, there is still the risk of being involved in a car crash. Unfortunately, you cannot control what other drivers do and this means an incident can happen that was not your fault. Indeed, car crashes can be scary experiences. They can give you a fright and knock your confidence. They can also leave you with injuries and damage to your vehicle. Let’s take a look at what you should do after a car crash if it was not your fault. You may be entitled to compensation for the accident.

 

The Steps to Take Immediately After a Car Crash

First of all, your safety should always be a priority after a crash. Make sure that you check for any injuries you have sustained, as well as ask any passengers if they are hurt. Call an ambulance if somebody is injured and requires treatment. Even if you think that your injury is minor, it may get worse if you do not seek any medical treatment and it is best to be safe.

 

The next step is going to be calling the Gardaí. You want to report the accident and have a report on what has happened. In some cases, they will not attend the scene. You will have to gather the important information so that you can officially report it at the station later. You should exchange information with the other driver who caused the accident. This will include information like:

 

  • Name
  • Address
  • Contact details
  • Insurance information
  • Car registration number

 

Following the accident, you will want to document exactly what has happened in case you decide to make a compensation claim. Note down everything that has happened, including the time and date, what happened on the road and the damage that has been done to your car and injuries.

Take photos of everything that is relevant, including your vehicle, the other driver’s vehicle and the scene of the accident. This is all going to help later on. In addition, you should take names and contact details of any independent witnesses that saw what happened. The more evidence you have that the accident was not your fault, the more chance you have of successfully recovering compensation.

 

Then you will want to contact your insurance company. They will need to know what has happened even if the accident was not your fault. This is going to allow you to recover compensation faster.

 

Common Causes of Car Accidents

There are a number of accidents that are common and caused by another driver that is being negligent. For example, rear-end collisions happen more than you would think. This is when the other party collides with the back of your vehicle. This is usually because they did not keep a safe distance and did not break in time when you came to a stop. Perhaps they were also doing something illegal at the time, such as being on the phone or being under the influence.

 

Other common causes of car accidents include:

 

  • Merging traffic accidents
  • Speeding accidents
  • Not obeying traffic lights
  • Failing to yield
  • Tailgating

 

Common Injuries and Post-Accident Problems

The most common injury sustained during a car crash is soft tissue of the neck and/or back, known as Whiplash Associated Disorder (WAD) or more commonly simply whiplash. This can be painful and cause short or sometimes long-term discomfort. Depending on the severity of the whiplash, it can affect your ability to do your job and your leisure pursuits and hobbies.

You will often sustain scrapes, cuts and bruises from a car accident. Most of these are minor and will heal by themselves and not cause any long-term problems. However, there are other injuries that can, such as:

 

  • Head injuries
  • Broken ribs
  • Herniated disc
  • Knee trauma
  • Fractured arms/legs or other bones

 

How You Can Have a Successful Claim

 

Even if the other driver isn’t disputing liability for the accident, it is always best to contact a solicitor when you have been injured in a car crash. Having a legal expert on your side will ensure that you get the compensation you deserve. They have the experience and training to make sure the right result is reached. If you have been involved in a car accident that was not your fault, contact McSweeney Solicitors today.

 

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

 

The Most Common Cycling Accidents and Injuries In Ireland

The Most Common Cycling Accidents and Injuries In Ireland

Cycling Accident Claims

More people than ever before are trading in their car for a bike, taking to the roads and cycling for fun and as a mode of transport. Whether you are going to work or out on a Sunday cycle, riding your bike is good for your health and can be exciting.

However, cycling accidents can happen when you are on the road. In particular, rush-hours are the time of day that you are most likely to injured by other vehicles. Three-quarters of cyclists that are hurt are male and over half are aged between 25 and 49.

It is important to realise that you can make a personal injury claim* if you are injured while you are cycling and the accident was not your fault. McSweeney Solicitors are a specialist personal injury and ligation law firm that can help you make a claim.

 

Let’s take a look at some of the most common cycling accidents and injuries*.

 

The Most Common Cycling Accidents

There are a lot more cyclist-friendly paths for you to explore. But it is popular for cyclists to join the traffic on the road to get to where they need to go. Of course, this means a higher risk of an accident with other vehicles. Here are some common scenarios were accidents can occur.

 

Cars Turning into a Cyclist’s Path

Unfortunately, cyclists can go unnoticed on the road. In particular, a common accident that is seen is a driver turning into a cyclist’s path. They either do not see the cyclist or underestimate the speed they are traveling. As a result, the cyclist cannot stop and will crash into the vehicle.

 

Coming Out of a Junction

Cars can make a lot of manoeuvres due to their speed. This can mean that they pull out into a junction thinking they have enough time and space. However, vehicles are known to underestimate where a cyclist is and they end up crashing into them. Of courses, vehicle drivers are usually unhurt from the accident. But a cyclist is a lot more exposed and can sustain serious injuries.

 

Swinging Open a Vehicle Door

This accident happens when a vehicle is stationary and the person swings their car door open. They do not check if there is any traffic and they hit a cyclist. This can knock them off their bike and cause them serious injuries.

 

The Most Common Cycling Injuries

All cyclists should be wearing a helmet and protective gear to keep them safe. But an accident can mean that they sustain bad injuries through no fault of their own. Here are some of the most common cycling injuries.

 

Road Rash

If a cyclist falls to the ground at some speed and skids, they can develop road rash. This can be uncomfortable for a few days but they should heal quickly with the right care. This should include antiseptic cream to ensure the scrapes and scratches do not become infected.

 

Soft Tissue Damage

Being involved in a bike accident can lead to soft tissue damage. In other words, you can sustain injury to the soft tissues, including sprains, strains and bruising. In particular, cyclists suffer from back and shoulder injuries, which can take a number of weeks to feel normal again.

 

Minor and Major Fractures

If you are involved in a serious cycling accident, you can sustain fractures to your bones. This is going to take several months to heal and a lot of recuperation time. Cyclists often break their collarbones, ribs, ankles and wrists during an accident with a vehicle.

 

Head Injuries

When a cyclist falls from their bike and is hit by a vehicle, they can suffer from serious head injuries. While mild concussions require some short-term rest, major accidents can lead to fatal brain damage.

 

Psychological Injuries

Not only will a cyclist suffer from physical injuries after an accident, they can also suffer from psychological injuries. This can include depression and panic attacks, as well as anxiety and paranoia. This can affect your quality of life and make everyday life more difficult.

If you have been involved in a cycling accident and have suffered, you may be able to make a claim*.

Call McSweeney Personal Injury Solicitors today for an initial consultation if you have been involved in a cycling accident.

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

Golf Course Injury Claims Dublin – Everything You Need to Know About

Have you been injured on a golf course recently? While most people do not imagine golf to be life-threatening or a dangerous sport to play, accidents can happen around the course at any time. From spectators being hit by straying shots to hiring faulty equipment and being injured, there are a number of scenarios when the golf club may be negligent and owe you compensation for injuries. At McSweeney Solicitors, we can make sure that you are represented and receive the compensation you deserve for a golf course injury that was not your fault.

 

Do I Have a Claim?

 

It may be possible to bring a personal injury claim against another party if you have been injured in an accident on a golf course. Here are some examples.

 

Being Hit by a Golf Ball

 

It is common for golf balls to be hit off the course or not in the direction you want them to go in. But the problem is, a golf ball hit at high speed can do a lot of damage, especially when you do not know it is coming. It is necessary for players to shout ‘fore’ when a ball is coming towards another person. You may be able to claim compensation if you are hit by a stray ball.

 

Having an Accident in a Faulty Golf Buggy

 

Clubs are responsible for the upkeep of their course, as well as the equipment that they provide for hire. This includes their golf buggies. If you hire one to get around the course and they are faulty, this could lead to a serious accident. Indeed, you could make a personal injury claim against the golf club for your injuries.

 

Falling Down a Dangerous Slope

 

Golf courses have a duty of care towards all players and spectators. In particular, if you slip and fall because of a dangerous slope or because of a badly maintained golf course, the club can be liable. They should always have fences and signs put up to warn players when they are making their way around the course. Thus, any high-risk areas should be highlighted to avoid accidents.

 

How much Compensation Could I Receive for a Golf Course Injury?

A common question that a lot of people want to be answered is how much compensation is available for an injury on the golf course that was not their fault. The amount you receive is going to depend on your individual case and there is no one definitive answer. The court is going to have to consider your injuries and how serious they are, as well as any medical expenses or long-term costs that result from the accident. This could include any loss of income you have sustained through your injuries.

 

Another factor that the court is going to consider when they are deciding on compensation is the amount of pain and suffering you have been through. Indeed, you will be compensated for this, particularly if your quality of life has suffered as a result of the golf course injuries. Having an experienced lawyer on your side is going to make sure that you present all of the factors to the court.

 

If you have been injured and are considering pursuing a claim, get in touch with McSweeney Solicitors On 01-8874448

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.

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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.