Tag: underclassment of injuries board

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! 

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Frequently Asked Questions
Why appoint a solicitor?

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.

 

 

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.