Tag: steps to making a claim

Death & Injury toll among cyclists at 10 year high!

Making a Claim: What every cyclist needs to know.

You may cycle to work, school or college every day. Or you might just like nothing better than a leisurely cycle through Ireland’s beautiful countryside. However often you get on your bike, accidents can happen and it’s best to be prepared. We’re sorry to report that the RSA say that in the period 1997-2010, well over 600 cyclists have been killed or seriously injured in a road traffic accident while on a bike in Ireland. If you’re a cyclist, there are a few things you need to know.

Cycling accidents can come in a number of shapes and sizes. From a driver pulling out of a side road or making a turn or not looking properly, if you’re in the wrong place at the wrong time, the consequences can be serious for you.

If you are in an accident and all or part of the blame can be attributed to someone else, then you may be entitled to compensation. Usually, this compensation will involve cover for injuries sustained or indeed damage to property, like the bike in question. Compensation may also cover issues which develop after the incident which are a result of the accident itself. While you are at the scene of the accident, try and take in as much as you can. From the car registration to a description of the events that led to the accident, try and remember as much as possible. The more detail you can provide, the stronger your case may be. So, from insurance details to witnesses (and even use your mobile camera phone if possible), try and remember and record as much of your accident scene as possible.

At Gary Matthews Solicitors, as cycling accident compensation claims specialists, we have been helping our clients claim for cycling accident compensation, for years. If you have been in an accident while out on your bike, you may be entitled to claim compensation. We’ll sit down with you and explain all your options as well as the likely outcome.

If you have been involved in a bicycle accident, click on this link here  to call the office for a no obligation enquiry 

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

 

  • Cyclists make up about 2% of traffic on Irish roads, they account for up to 8% of injuries.

  • In 2015 9 Cyclists died on Irish Roads.

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Work Injuries can have serious impact! Find out how to claim.

What to do if you’ve had an accident at work.

An employer is required by law to provide safe working environments for their employees. There are health and safety regulations that must be adhered to, to reduce the occurrence of an accident at work.

If an employer has been negligent to his or her duties they are liable for the cause of an injury at work. Generally it must be proven that an employer has proved negligence in the work place but in some instances it is not necessary to prove negligence for an employee to be entitled to a accident in work compensation claim.

What to do if you have received an injury in work:

  • Once the accident has occurred, report it as soon as possible to your employer or someone in authority.
  • Get a medical checkup. It is beneficial for your case to have records of all injuries sustained. Some companies have insurance policies in place to cater for sick pay but the employer is not obliged to pay out while the employee is out of work. The loss of earnings are recovered at the conclusion of the employees’ case.
  • It is advised that the employee does not sign any liability documents until they have spoken to a specialised personal injury solicitor.
  • In the event that the employer attempts to dismiss the employee for proceeding with legal action for their work related injury, this action is in itself a case of unfair dismissal. The employer is entitled to take action in the Labour Courts for unfair dismissal.

If you have sustained an injury at work and want to make an injury at work claim we can help you to do so. Our specialist personal injury solicitors will focus entirely on your needs by providing expert representation to ensure that you receive maximum work accident compensation for your claim. We can provide facilities to assist recovery and we have access to some of the most expert medical consultants.

For further information or advice on your accident at work contact us! 

Click on this link here to call the office for a no obligation enquiry OR complete our no obligation online enquiry form by clicking this link www.gary.ie

The average award for a workplace accident is €28,8856*

Figures obtained from 2014 PIAB Report. 
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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.