For advice on any of these issues, contact:
John G. Murphy
Personal Injury and Accidents Solicitor, Wexford
At John A. Sinnott & Co. Solicitors, we represent both claimants and respondents. The person making the claim is the claimant. The person or company that the claim is being made against is known as the respondent.
If you have been injured in an accident, you may be entitled to make a personal injury compensation claim. Most claims are brought as a result of:
- Road Traffic Accidents
- Accidents in the Workplace
- Accidents in a Public Place
- Medical Negligence
In all accidents, if a person is making a personal injury claim, they must be able to prove that:
- the incident was not their fault
- someone was negligent.
A person cannot make a claim if, for example, they simply fall and nobody was at fault, regardless of how serious the injuries are.
To be negligent, you must first have a duty of care to the claimant. For example, an employer has a duty of care to an employee to provide a safe place of work; a surgeon has a duty of care to his/her patient.
Employers and property owners can take out insurance policies to protect against such eventualities – employers’ and public liability insurance.
If you have been injured as a result of an accident or someone else’s negligence, you should take the following steps:
- Report the incident to the other party involved i.e. County Council, employer, owner of the premises etc. and the Gardai and your insurer if necessary e.g. in the case of a road traffic accident. It is an offence to leave the scene of a road accident without reporting it.
- Visit your doctor/hospital or appropriate medical professional
- Record dates and facts
- Take contact details of any witnesses
- Take photos of whatever may support your claim
- Contact a solicitor – legal proceedings must usually commence within 2 years of the incident
At John A. Sinnott & Co. Solicitors Wexford, whether you are the claimant or respondent, we will examine your individual circumstances and then advise you on the best course of action to take for you. Indeed, there are times when we may advise against taking legal action. Either way, we will be there with you to guide you through every step of the process.
Personal Injuries Board
The Personal Injuries Board is a Government body set up in 2003.
All personal injury claims, except those for medical negligence, must go through the Injuries Board.
If the respondent consents to the Injuries Board assessing the claim, the Board will make the decision and award compensation if applicable. If the respondent does not consent to the assessment, or is complex, then the claim usually will be pursued through the courts.
The main purpose of the Injuries Board is to provide a more cost-effective method of dealing with personal injury claims so as to avoid costly litigation and hence,reduce increases in insurance premiums.
It has been successful in achieving settlement of many cases and avoiding unnecessary litigation. It has also deprived Irish citizens of rights. There is much heated debate too about the level of insurance premiums. Insurance companies are still mighty corporations focused on making profits for their shareholders.
How is compensation assessed?
The amount of personal injury compensation awarded varies depending on the seriousness of the injury and the financial losses involved. Compensation is awarded for pain, suffering and your inability to do things after your accident that you could do before. The award is made based upon medical evidence. This compensation is known as General Damages.
Accident compensation is also paid to cover financial losses suffered as a result of the accident. The aim of this type of compensation is to put you back in the same position, financially, as if the accident had never occurred. It can also cover any loss of earnings since the accident and any future loss of earnings. This compensation is known as Special Damages.
Insurance Recovery/Defence Claims
If you are an Insurance Company or Claims Manager seeking to recover a claim which you have paid out to your insured,or defending a claim, we can help you.
At John A. Sinnott & Co., we provide a jargon- free recovery service either at District Court, Circuit Court or High Court level.
We have helped many companies recover payments as a result of a claim and can help you too.
For further details contact us.