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I Have Been in a Motorcycle Accident – What Should I Do?

I Have Been in a Motorcycle Accident – What Should I Do?

Have you been involved in an accident* on the road on your motorcycle? While you may have been an experienced biker, being involved in such an incident can knock your confidence. Indeed, any accident on the road with another vehicle can be traumatic and leave you with bad memories, as well as physical injuries.

If you were involved in a motorcycle accident that was not your fault, one way you can recover is by seeking a compensation claim. This can compensate what you have gone through. An experienced solicitor can help you with this process.

Here are some of the steps you should take when you have been involved in a motorcycle accident.

 

Go to the Hospital or See a Doctor

Hopefully, you were wearing all of your protective motorcycle gear when you were out riding. But, unfortunately, you may have still sustained injuries if you were involved in a collision with another vehicle.

The first thing you should do is seek medical attention. Your health should always come first. If you have serious injuries, a trip to accident and emergency will ensure you receive the assistance you need. If you think you have minor injuries, that do not require urgent medical attention, you can make an appointment with your doctor. Remember that some injuries can take a few days to show, especially if you are in shock.

 

Gather Evidence at the Accident Scene

When you are in an accident, it can all seem like a blur at first. But do your best to gather all the evidence you can at the scene. This is going to help you make a compensation claim later on. For example, it is going to be helpful to note the details of the driver involved in the accident. This includes their name, address and insurance information. In addition, write down or take a photo of their vehicle registration number. Images of the scene will be helpful, including the damage to your motorbike.

 

Let the Gardaí Know

If your motorcycle accident was serious, it is likely that the Gardaí were called and they attended the scene. They will complete a report so that there is evidence of the accident. However, if the accident was minor, you will need to inform the Gardaí of what happened at your local station. You should do this as soon as possible so that you can give a statement about the accident.

 

Contact a Personal Injury Solicitor

Once you are over the initial shock of being involved in a motorcycle accident, you may start to realise the impact it has had on your life. For example, you can have repairs for your motorcycle to get it back on the road and you might have sustained serious injuries that affect you every day. If this is the case, you can contact a personal injury solicitor. They can help you submit a claim to the Injuries Board for compensation* regarding the accident that was not your fault.

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

Fatal Accident

I Have Been Hit by a Car as a Pedestrian – Can I Make a Claim?

I Have Been Hit by a Car as a Pedestrian – Can I Make a Claim?

A lot of people assume that road traffic accidents only involve cars or motorcycles colliding with another vehicle. However, every year, there are a number of pedestrians that are involved. Unfortunately, this type of accident can mean that you sustain serious injuries or it can even be fatal.

If you or a loved one is involved in a road traffic accident, you can talk to a pedestrian accident claim solicitor. They can help you receive the compensation that you deserve. Here are the steps you should take if you are part of an accident as a pedestrian.

 

Seek Medical Attention

Being involved in any type of accident can be traumatic and leave you shaken. If you have been hit by a car, make sure that you seek medical attention straight away. You may have sustained serious injuries that require treatment. Some people assume they are fine if there are no broken bones. However, it is common to have a delayed reaction to some injuries. Thus, arrange an appointment with your doctor to be checked over.

 

Note Down Details and Take Photographs

At the scene, do your best to start collecting evidence of what has happened. Again, you may be shaken and not thinking clearly. But you want to do your best to take photographs of the scene and any injuries sustained. In addition, take notes about what happened and how the vehicle hit you, as well as the weather conditions, time and date of the incident. All of this is going to be helpful for making a compensation claim*.

 

Report the Pedestrian Incident

When a road traffic accident is serious, an ambulance will be called. This means that the Gardaí will also attend to take a look at the scene. They will make a report, including taking a statement for everybody involved. However, if the accident is thought to be minor, you will have to go to your local station. Here, you should make a report about the accident so that there is a record of it. The sooner you do this the better. This way, you can remember all of the details.

 

Make a Compensation Claim

Being involved in an accident as a pedestrian can have long-term consequences. You may have serious injuries that prevent you from working or expensive medical treatment and therapy. When the car accident is not your fault, why should you have to pay the bill? It may be possible to make a compensation claim if the drive was to blame for the accident.

First of all, look for an experienced pedestrian accident claims solicitor. They are going to be able to advise you and start the process. Your claim* will be submitted to the Injuries Board to see whether you are entitled to compensation*.

You may be able to recover the money you have paid out for expenses relating to the accident. So, ensure that you keep a record of everything that you pay out. This can include everything from bus fares to and from the hospital to lost wages as a result of your injury.

 

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

Cycling Accident

Steps to Take If You Have Been In A Cycling Accident

Steps to Take If you Have Been in a Cycling Accident

If you are a cyclist, you will know more than anybody how busy the roads can be. Unfortunately, when you are on a bike, you have to be extra vigilant for traffic to ensure your safety. Indeed, over the last 10 years, Ireland has seen the highest rate of cyclist deaths in the EU.

If you have been in a cycling accident on the road, we can help you through the process. You may be entitled to compensation if the accident was not your fault. So, let’s explore the steps you should take if you have been involved in an accident while cycling.

 

Prioritise Medical Treatment

Right after an accident, you can be very shaken. Always take your time to process what has happened and to seek medical treatment if you need it. Making a compensation claim* is going to be the last thing on your mind. Ensure that you prioritise your health first.

For example, even if you do not have any obvious injuries, it is recommended to make an appointment with your doctor. They are going to offer you peace of mind and ensure that the shock is not hiding any injuries you have.

 

Gather Details at the Scene

Do your best to take note of all relevant information regarding the incident. For example, make sure that you have details of the drive that was at fault for the collision. You should try to get their personal details, as well as the vehicle registration number and their insurance company.

For evidence later on, take photos of the scene, as well as the damage to the car and your bike. This is going to build your case and give a picture of what has happened to your solicitor.

 

Visit Your Local Station

If there has been a serious accident, the Gardaí will usually attend the scene. However, if it is a minor accident on the road, you will have to make a report yourself.

You can do this by visiting your local station. You will have to go into detail about what happened and you can make a statement. If the Gardaí do attend, they are going to go through this process for you to help have it reported.

 

Record Your Expenses

You may have a lot of expenses that you have had to pay out after the accident. It is recommended that you keep a note of them. You may be able to reclaim the money during a compensation claim. Thus, keep copies of any bills or medical reports that you have.

 

Seek a Solicitor

After the accident, you may have medical bills and damage to your bike that needs repair. However, why should you have to pay these bills when the accident was not your fault? Perhaps it is time to look for a personal injury solicitor that deals with bicycle accident claims*.

This can allow you to receive compensation for an accident on the road that was not your fault. A solicitor can use their expertise and experience to help you submit a claim to the Injuries Board. This is going to give you the best chance of having a successful claim.

 

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

 

 

 

 

Affidavit

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.

 

 

 

personal-Injury-NEW-01-5

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.