Do I have a case for personal injury compensation?

Do I have a case? No doubt this is the first question you’ve been asking yourself since the accident or incident. While you may have heard numerous stories and anecdotes, the only way of truly knowing if you have a case is to get in touch with an experienced personal injury lawyer. At Gary Matthews Solicitors, personal injury claims and accidents is our area of expertise and we have focused exclusively on this area for over 20 years. It’s our job to tell you clearly and honestly if you have a case and whether or not it is something worth pursuing.

If, as a result of the negligent act of omission of another party, you suffer injury loss, damage or expense, you may be entitled to compensation from that party or more usually their insurers. It can be hard to determine yourself what constitutes ‘loss’ or ‘injury’ and these are terms that we will both explain to you and discuss with you in full. It is at this preliminary meeting that we will start to see a clear picture emerging. In many cases, it’s clear from the first day that someone has suffered as described earlier and that they will succeed in being fully compensated. The obvious example is car accident compensation. In other cases, the courts could apportion liability. In other words, they rule in favour of the plaintiff but they may make a deduction from the overall award based on ‘contributory negligence’. This means that even though someone may have been ‘wronged’, they may have contributed slightly to the situation by behaving in a negligent manner.

Transport is jPersonal-injury-and-Acciden-oblongust one example. You may have had an accident at work, out shopping or in any daily situation where the actions of another party had a detrimental effect on some aspect of your life, whether at the time or at a later date. Many people we speak to feel that they were at fault initially and delayed in bringing their claim or indeed never brought their claim to light. It can be hard to establish for yourself the complex legal boundaries of ‘responsibility’ and ‘carelessness’. At Gary Matthews Solicitors, our approach is simple.

In a world of rumour and speculation, we establish as soon as possible where you stand and whether or not we can help you. Before accepting your instructions, we will have discussed your case with you and will have advised you of the strengths and weaknesses (if any) of your case.  If you’re reading this and still thinking to yourself ‘perhaps I do have a case after all’, just get in touch and we’ll answer all your queries;

If you have been involved in an accident, call the office for a no obligation enquiry OR

Complete our no obligation online enquiry form  by clicking this link www.gary.ie OR why not give the office a ring on 01 903 6250 and speak directly to one of the team.

Complete an Enquiry Form today! 

[ninja_forms id=1]

Have you sustained injuries by being an innocent passenger?

Have you sustained injuries by being an innocent passenger?

You may be entitled to claim.

If you have been injured as a passenger in a private vehicle, on a motorbike, commercial or other vehicle or on public transport, then you may be entitled to make a claim for compensation.

It is important to note that it is the responsibility of the negligent driver’s insurance company to deal with your personal injury compensation claim, and not the driver.  If the driver was uninsured or the vehicle which caused the accident left the scene and is untraced it may still be possible to make a claim through the Motor Insurers’ Bureau of Ireland Scheme (MIBI).  The MIBI compensates victims of accidents caused by uninsured, untraced, or unidentified drivers. 

The first step in this process is to notify the MIBI of the accident and the intention to pursue a claim for damages. A MIBI claim notification form will be required to be submitted detailing all available information in respect of the accident such as the date, time, and location, your own personal details, vehicle registration number, injuries sustained and attendances with hospital/Doctors and details of attending Garda.

The MIBI will then investigate the matter and will nominate an Insurance Company to deal with the claim.

MIBI claims can be complicated and there are certain onerous obligations on claimants relying on the scheme.  It is always advisable to speak with a Solicitor.

In the majority of cases a passenger is an innocent party and the main issue for consideration is the extent of the personal injuries, loss and damage sustained by the injured passenger and the level of damages considered adequate compensation.

There are circumstances where a passenger claim will face a difficulty, particularly, if it is found that the passenger negligently contributed to his or her own injuries.  A finding of what is referred to as contributory negligence may defeat the claim or reduce the level of compensation awarded.

The following are factors to be considered with regard to contributory negligence:-

  • Failing to wear a seat belt.
  • Travelling in a vehicle knowing the driver to be intoxicated.
  • Travelling in a vehicle knowing that it is not covered by insurance.
  • Travelling in a stolen vehicle.

Expert legal advice should always be sought when injured as a passenger.

If you were a passenger in a vehicle involved in a road traffic accident within the last two years and you have suffered personal injuries, then you may be entitled to make a claim for compensation depending on the circumstances.

If you, or someone you know, has been injured by being an innocent passenger, we strongly recommend you get immediate impartial, independent legal advice from an experienced claims solicitor by calling Gary Matthews Solicitors directly on 01 903 6250, or by logging onto our website www.gary.ie and completing the online enquiry form.

 

 

Dear Diary… Diaries & Personal Injury Cases

Many people are familiar with the basics of personal injury cases. They understand “pain & suffering,” and the fact that the party at fault should pay their medical bills and any out of pocket expenses. One thing all claimants need to prove to any Court is the fact that they are suffering and have sustained a loss of a normal life. Believe it or not, keeping a diary following a personal injury is the way to do this.

Why Keep a Diary

Even if yDiaryou are in a relatively minor car crash and only see a doctor or physical therapist for a month or so, by the time your Solicitor obtains all the medical records and bills, submits them to the insurance company, and there is an offer on the table, it is months after the crash. Do you remember how many times you mowed your lawn last year or how many times you washed the car last year? Exactly! Since most of us are so busy we can hardly remember what is for dinner or what we have to pick up at the shop on the way home tonight, we can hardly be expected to recall specific limits on our activity from months, or years ago. If court proceedings have to be issued, the earliest it will go to trial is a year or year and a half after the date of the incident. In complex cases, this could be as much as 4 years or more after the actual incident occurred. How can you remember your medical treatment and limits on your activity from that long ago? A diary is a great way to do this!

What to Keep in My Diary

I tell my clients to keep it simple. Some prefer elaborate excel spreadsheets, while others like to handwrite their diary. Emails work too. Whatever your preferred method or format, the things I tell everyone to include is the following:

  • Things you cannot do at all following the incident (and for how long you could not do them);
  • Things you can do, but which you experience pain or are limited in how well or for how long you can perform them;
  • Keep a note of the general chronology of your doctor visits, so, if you are asked at a consultation/court 2 years later whether you had an MRI of your shoulder before or after your son’s wedding, you’ll remember, or at least be able to piece it together;

The general rule is to focus on activities of daily living (ADLs). Think about a woman with a shoulder rotator cuff tear, who, following surgery, is unable to apply mascara, put her hair in a ponytail, or drive a manual car. Think about the man with the back injury who, despite having received the dream trip to St. Andrew’s golf course in Scotland from his wife, cannot golf at that sport’s birthplace due to his injury. This is the personal details you need to record.

What NOT to Keep in My Diary

Do not post things that have nothing to do with your case. Do not talk about extraneous things or things that might prove embarrassing if someone else did see the diary.

Who Sees Your Diary?

Generally, only you and your Solicitor will see this. There is a trend now where defence solicitors are now seeking diaries during the discovery process. However, most judges are firmly against this as of writing. But, just in case this changes, the general rule is never to record anything in your diary which is not 100% accurate.

When do I Use My Diary?

Take your diary with you for all your medical appointments and attendances with your Solicitor and/or barristers. Highlight all the important points and make sure that you tell your medical and legal team how your incident is impacting your daily life.

About Social Media

If you are like most of us, you have an account with Facebook, Instagram, possibly Twitter, and Linkedin, to name just a few major platforms. Defence Solicitors are increasingly successful in obtaining information from these areas from injured plaintiffs. If you go on vacation to Spain while claiming your back is too injured from the car crash to work, but post a photo of you on a jet ski, expect that to be used against you. For that reason, the advice I give clients is do not post anything concerning the incident, their injuries, or their health, from the time they are injured until their case is over.

Finally

Personal Injury cases are much more complicated than most people realise, and require the talents of an experienced Solicitor. To help your Solicitor, documenting your injuries is something you should be doing and if you have not started a diary, do so today.

What we do. 

At Gary Matthews Solicitors we put you, the client first.

There are strict time limits for submitting a claim and if the application is incomplete it will probably be rejected. Most people are not familiar with submitting claims to the Injuries Board and therefore forget to include essential information for their claim. This may and does result in a claimant not getting the full value of their claim or in the worst case their claim being struck out .

Once you enlist the help of Gary Matthews Solicitors in making your personal injury claim, we will handle the case from then on. We will be able to explain how long your claim should take to settle and give you a rough idea of how much compensation you may be entitled to. 

We offer Legal Advice to ensure you are fully aware of the Injuries Board Process and what you must do. For Advice you can complete an Enquiry Form here.  

Our expert team have also arranged our most frequently asked questions, offering an overview of the claims process. Click the image below to view the full range of questions.