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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.

Fatal Accidents

Fatal Injuries Claims – McSweeney Personal Injury Solicitors Dublin

Fatal Injuries Claims:

Has a family member died in an accident?

If a family member or loved one has died as a result of an accident or crime which was not their fault, then you may be entitled to make a claim for compensation.

Fatal Accident

The first requirement for such a claim being that you are a “dependent person” under Irish law. You may qualify as a dependant person by falling in to some of these categories; spouse, parent, grandparent, step parent, child, stepchild, grandchild, sibling or step sibling of the deceased.

You may also qualify as a dependent person if you have cohabited (not necessarily married) with the deceased until the date of death for a continuous period of 3 years.

Although nothing can compensate the loss of a loved one, the purpose of these claims is to ease the financial strain burdened by the dependants as a result of the fatal injury, such recoverable damages are included but not limited to financial loss, mental distress, and expenses (commonly funeral expenses etc.).

Although there may be many dependent people entitled to the claim, one such nominee known as the “personal representative “ may take the claim with the consent and on the behalf of all the dependants wishing to be involved in the matter. This is governed by section 48 of the Civil Liability Act of 1961.

If you believe you have a fatal injuries claim time is off the essence and you should notify our office as soon as possible as there may be applicable time limitations. Our office will assess the initial merits of the claim and advise you of the necessary process and steps that will follow guiding you throughout by direct contact.

Injury At Work

Three Common Causes of Injury at Work

Accidents can happen at any given time and this includes in the workplace. Unfortunately, a lot of injuries that occur within the office are due to negligent actions, which could have been corrected and avoided. When you are at work, your employer has a legal duty and responsibility for your health and safety. If you have sustained injury in an accident that you believe was not your fault, you may be entitled to claim for compensation.

Injury At Work

Slips, Trips and Falls

Slips, trips, and falls accounts for over one third of all work-related compensation claims. Pathways in the workplace should always be kept clean and clear, if you find yourself slipping on a wet floor, tripping over loose wires or falling over clutter obstructing pathways or workspaces, you may be able to make a personal injury claim.

At the time, you might think you are only suffering from embarrassment. But, the truth is soft tissue injuries can have a delayed reaction and only reveal pain and discomfort hours or even days after the incident. Even worse, your accident can lead to fractures or broken bones, which will build up costly medical bills that you should not have to pay.

Falling Objects

When you don’t see something coming, the impact when it hits you is always worse. Sustaining injury from falling objects is a common problem in the construction industry, but it can also happen in an office environment from negligent storage or poor organisation.

Sustaining abrasions or bruises can be painful and uncomfortable and if you have suffered from a concussion after being struck by an item, it can cause subsequent headaches and visual disturbances. These injuries should not happen in a workplace.

Manual Handling

Activities that involve lifting, carrying and moving items, account for another third of work-related accidents. Most injuries are musculoskeletal and take the form of muscle strains and pulled ligaments. It can be easy to twist your neck or pull a back muscle from heavy and constant lifting, which can be felt for weeks or even months afterwards. You should always be allowed sufficient rest periods to avoid this overexertion.

Pain and discomfort can also develop from repetitive strain, which is becoming increasingly common in office environments. Constantly doing the same tasks over and over again can lead to long term, negative problems for your muscles and joints, which should be taken more seriously by employers.

Conclusion

Anyone can fall victim to an accident at work that is outwith his or her control. If you have suffered a minor or major injury in the workplace in the last two years, which was not your fault, you may be entitled to compensation to cover your medical expenses, loss of earning and pain and suffering.

 

By Calling McSweeney Solicitors today, you can receive help from specialist personal injury solicitors with extensive experience in handling all types of work-related incidents. We can advise you on what steps you can take and whether you are entitled to make a compensation claim for your accident at work.

No Win No Fee

No Win, No Fee Solicitors Dublin – Is There A Catch?

If you have been injured in Ireland and it wasn’t your fault, then the chances are you will have little difficulty getting a solicitor to agree to take on your case on a no win, no fee (sometimes also called no foal, no fee) basis. The fact of the matter is, even though solicitors are prohibited from broadcasting this service to prospective clients by solicitor advertising regulations, that the majority of personal injury claims* in Ireland are taken on by solicitors on a no-win no-fee basis. Importantly solicitors are not prohibited from taking on cases on a no win no fee basis but merely prevented from advertising that fact.

 No Win No Fee

What Does No-Win, No-Fee Mean?

No-Win, No-Fee means that if your case is unsuccessful your solicitor will not charge you any fees. If a consulting engineer is required as an expert witness to prepare a report on your accident they also usually agree to operate on a no-win no-fee basis.

 

What If I Lose My Case Could I Be Liable For The Other Side’s Legal Costs?

There is absolutely no financial or costs bringing your claim through the InjuriesBoard.ie/PIAB process, which is where all personal injury cases must be brought before they can go to court. This is because Board has no power to award costs against a claimant. It should be borne in mind that only a minority of personal injury cases ever end up in the court process, and of the cases that do only a very small fraction of them ever end up going to hearing before a judge.

But you really should not let the possible risks associated bringing court proceedings discourage you unduly because if you have a valid claim and do not give false or misleading evidence about your injuries your risk of losing your case is very low. In all cases, you will be fully advised by us and your barrister of the prospects of success and the risks as your case progresses. In addition, in appropriate cases we can help arrange After the Event (ATE) or legal expense insurance which eliminates the risk to you as this covers the other side’s legal costs if you lose your case. Usually the premium for ATE insurance is only paid on the successful conclusion of a case and is not payable if you lose.

 

If My Personal Injury Claim Is Successful Do You Charge A Percentage Or A Success Fee?

Solicitors are prohibited from charging a percentage in contentious work such as personal injury cases and we never charge a success fee. If your case settles at an early stage before the InjuriesBoard.ie/PIAB process or ‘on the steps’ of court, we always try and maximise the amount the other side contributes towards your legal costs. In many cases the other side covers your entire legal costs but sometimes you may be asked to cover any shortfall.

 

How Do I Know If I Can Bring A No Win No Fee Personal Injury Claim?

You should discuss your case with a personal injury solicitor. We would be more than happy to provide no obligation legal advice so please feel free to contact us today to pursue your legal right to make a claim.

 

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