Going to Court: the reality.

Going to court – the very thought of it conjures up nerves for many people. From watching court on our TV screens and cinemas, we think we have a real picture of what goes on there every day.

We’re glad to report that most personal injury claims are settled without setting foot inside a court. But if it turns out that court is the preferred option, we can assure you there is nothing to be concerned about and we’ll be at your side from day one. How does it work?

Which Court?

First of all, it depends where your case is being heard. In Circuit Court cases, your case will be presented in Court by your Barrister. In High Court cases, you will be represented by a Senior Counsel as well as a Barrister (Junior Counsel). A pre-trial consultation takes place with your Counsel either on the day of the trial or within a day or two previously. It’s important to remember that first impressions are important in every walk of life and the courts are no different. You should dress in an appropriate manner for your court appearances.

Where do I get a barrister?

At Gary Matthews Solicitors, we’ll source only the best people to work with and our experienced Barrister will lead you through your evidence. Make sure that you answer all questions as best you can. Try to avoid giving hasty or confused replies. If you are not sure of the answer of any question, you should say so. After the examination by your own Barrister, the Defendant’s Barrister will cross-examine, in an attempt to illicit details from you which may be favourable to the Defendant’s case. You should also expect some questions from the judge but sometimes this may not be the case.

What happens after my court date?

Once your evidence is completed, the evidence of any other witnesses is taken in the same way. In regard to medical evidence, medical practitioners may be in attendance in Court but more usually, their evidence is admitted in the form of medical reports handed into the Judge. When all the witnesses have been heard, and Counsel has made any relevant points to the Court, the Judge usually makes his/her decision there and then, or s/he may adjourn for a short time for consideration or, on occasions, postpone his/her judgement to another day. The judge delivers a decision on liability, and if deciding in favour of the Plaintiff, will make an award of damages as compensation.

Like any working environment, certain procedures and protocol must follow and it’s important that you have an understanding of these. This means there’ll be no surprises for you on the day. We have over 20 years’ experience in personal injury law and if you do go to court, you’ll be in safe hands with Gary Matthews Solicitors.

Click on this link here to call the office for a no obligation enquiry and speak directly to Mr Matthews.

Complete our no obligation online enquiry form by clicking this link www.gary.ie

Enquiry Form

To discuss your claim complete the form below & a member of our team will get back to you.

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The Injuries Board offers no support!

 The Injuries Board will not advise you if your case may be statute barred!

The case of Patricia Carroll -v- Mater Misericordiae Hospital [2011] IEHC 231 is an excellent example of this.

The background facts of her case was as follows; Patricia was a housewife and on the 30th May, 2005 she was as an in-patient in the Mater Hospital and whilst she was on medication consisting of a number of drugs, she left her bed unaccompanied and went to the bathroom. Whilst entering the bathroom and possibly due to the medication, she became dizzy, fainted and fell. As a result she suffered severe personal injury.

The Mater hospital defended the case on the basis that her claim was statute-barred, because it is an action to which the Personal Injury Assessment Board Act 2003 does not apply and consequently is one which is required to be brought within two years of the date of the accident, i.e. the 29th May, 2007. Patricia’s Personal Injuries Summons was issued on the 17th April, 2008.

The Judge agreed with The Mater Hospital and decided that Patricia’s claim was statute-barred and she did not receive any compensation for her injuries.

Remember, the Injuries Board does not provide legal advice and if you are dealing with the Injuries Board personally, you run the risk, like Patricia, of not issuing your proceedings in time, or worst still, you may be suing the wrong Defendants!

If you, or someone you know, is dealing directly with the Injuries Board, forward this to them so that they can contact us to get immediate impartial independent legal advice. Contact Gary Matthews Solicitors directly on 01 903 6250, or by logging onto our website www.gary.ie and completing the online enquiry form.

The Injuries Board under assessed my case by €311,736.26

Gary Matthews has issued a call for a “realistic review of the 2004 Book of Quantum” following a successful case before The High Court.

Gary Matthews Solicitor, Principal Partner in the firm of Gary Matthews Solicitors,  represented a 47-year-old man who sustained an accident at work in County Wexford.

The man was awarded €38,263.73 by the Injuries Board to compensate him for general damages, pain and suffering and future pain and suffering. After rejecting the Injuries Board Assessment and contacting the firm of Gary Matthews Solicitors, his case was ultimately settled for €350,000.00, a difference of €311,736.27 from the Injuries Board Assessment and an increase of 914% from the Assessment figure!

Gary Matthews Solicitor advises that “this is another example of a major under assessment by The Injuries Board”. The Book of Quantum, was to ensure that innocent victims were adequately compensated and once again this case demonstrates that it is failing miserably in this objective”.

For more information on The Injuries Board Process and flaws you can click here: https://www.gary.ie/injuries-board/
We have detailed the Injuries Board Process & why you should always instruct a solicitor. 

Being the victim of a personal injury can be a stressful and worrying time, from dealing with an injury and the effects this has on your day to life therefore it is vital you receive a reward that reflects this. The expert team at Gary Matthews Solicitors are committed to ensuring each and every client receives the justice they deserve.

For Legal Advice contact us here.  We are experts with over 25 years experience in dealing with Personal Injury Claims.