When it comes to calculating claims for special damages, a personal injury solicitor will look at whether the plaintiff should be compensated for out-of-pocket expenses that have arisen due to the actions of the defendant. So whilst general damages will cover the physical injury, special damages relate to your additional costs incurred due to the incident or accident i.e. loss of earnings, medical expenses, travel expenses, costs of damages to a vehicle, etc.Read more
If you have a personal injury claim currently either lodged with the Injuries Board/PIAB or court proceedings have issued you maybe able to settle your case before a formal court hearing. A settlement of your personal injuries claim essentially means that you ultimately will agree an amount of compensation you will accept for the injuries you have suffered including your special damages (ie out of pocket expenses, medical expenses, loss of earnings etc). Settlement meetings do not always work and sometimes take more than one attempt however the process is as follows:Read more
A personal injury solicitor provides expert legal advice to those who have suffered an injury as a result of the negligence of a third party. If you have been injured, either physically or psychologically, by the negligent actions or inactions of another, then you may be entitled to make a claim to recover damages for the personal injury you have suffered and also for any losses that arose as a direct result of that injury such as loss of earnings, medical expenses, travel expenses etc. If you have suffered a personal injury due to the negligence of another, you should seek professional legal advice to ensure that you receive adequate compensation for the losses you have incurred as a result of your injury.Read more
While any injured party can legally submit an application to PIAB and indeed initiate court proceedings on their own as a lay litigant without any legal representation, it is highly advisable not to proceed this way. As you can see from the above, the area of personal injury and indeed medical negligence litigation is complex. Solicitors who specialise in personal injuries and medical negligence are best placed to advise you from the beginning whether your case has any merit and whether at the conclusion of your case, they think a settlement offer is fair and reasonable and if not, they can advise you of what your options are.Read more
It is clear from this article that a person should always obtain independent legal advice in all legal matters and this is no different when it comes to Personal Injury claims.Read more
The new scheme provides that the Injuries Board will assess Garda Compensation claims under the Personal Injuries Assessment Board (PIAB) Act 2003 by reference to the new Personal Injuries Guidelines. Under the PIAB act, the Injuries Board are required to make an assessment in terms of quantum within a period of 9 months from the time the relevant application is submitted.Read more
When do the new Guidelines come into effect? The guidelines now apply to all cases assessed by the Personal Injuries Assessment Board (PIAB)after the commencement date of the 24th April 2021. Where a Personal Injury claim is assessed by PIAB before the commencement date, the matter will be assessed based on the Book of Quantum (i.e. under the old guidelines). Any claims assessed after the 24th April 20201 will be subject to the new Guidelines.Read more
New guidelines have been issued for personal injury claims in Ireland. We look at some of the most common injuries and how they have been affected by the new guidelines.Read more
Contributory Negligence is the legal principle that an injured party (ie the Plaintiff), may have contributed to his or her own accident, or the extent of their injury, due to their own lack of care. Contributory negligence arises in every aspect of personal injury litigation including Road Traffic Accidents, Employer liability claims, Public Liability claims and in claims where the Plaintiff fails to mitigate their loss.Read more
Road Traffic Accidents happen in Ireland on a regular basis and unfortunately, there is an increasing number of accidents involving uninsured drivers or unidentified drivers. The initial reaction from persons who find themselves in such situations is that they cannot bring a claim for personal injuries suffered as a result of road traffic accident with an uninsured driver or unidentified driver. This is simply not the case and claims of this nature are made possible by virtue of the Motor Insurers’ Bureau of Ireland (ie MIBI).Read more
Being injured through no fault of your own can be an incredibly traumatising and difficult experience. The repercussions of an injury can last either a relatively short amount of time or become an ongoing and long-lasting thing, but either way, you are probably entitled to compensation. Injuries can lead to people having to take time off work or even lose their jobs, affecting their financial stability. They can also mean a loss of mobility, social life and have an impact on the wider family who have to step in to take on caring responsibilities.Read more
Did you know that if you have been injured whilst travelling on a plane, you are entitled as a resident in Ireland, to take a case in Ireland under the Montreal Convention 1999, even if the injury occurred elsewhere in terms of location and even if it was caused whilst you were embarking or disembarking the airplane abroad.Read more
To be able to take a claim following a supermarket accident, responsibility and negligence must be established. These type of personal injuries claims are covered by the Occupiers Liability Act which provides for an obligation on a supermarket to provide a safe environment for both employees and customers while in the premises. If the supermarket fails to take adequate steps to provide a safe environment, and you suffer an injury as a result, then you have grounds to take a personal injuries claim.Read more
The personal injury claim process can help you get back on track after an injury from a financial perspective however it is important to recover the correct amount of compensation as you only have one chance to take a claim for an injury and if you settle too low, it might not adequately reflect the injury or indeed adequately cover the losses you incur in the future.Read more
Remote hearings to commence for contested Personal injury claimsRead more
We have extensive experience in dealing with accidents and injuries sustained at work. We recently settled a contentious High Court case for a client, who suffered a serious injury whilst carrying out his duties at work. If you have been unfortunate enough to have had an accident in your place of work, or during the course of your work, then you may be entitled to bring a claim for compensation, if it can be proven that the accident was not your fault.Read more
A child who suffered an amputation of his right arm by a drive on lawnmower after falling under the guard was recently awarded €1.5 million in injury compensation by the High Court.Read more
A shop owner owes a duty of care to ensure their premises are safe for customers and visitors alike. They are obliged to take reasonable steps to avoid slips occurring on the premisesRead more
A man who suffered severe head injuries in a road traffic accident has had his High Court action for damages settled for €6.5 million.Read more
A student was awarded approximately €10,000 after the Circuit Court heard that he received a scalding on his hand from sauce provided with a takeaway meal he purchased from a Chinese take away.Read more
The burden of proof in a negligence claim is high and the decision to take a legal claim for medical negligence cannot be taken lightly. We will ensure you have a proper chance of success before advising you to begin a claim for medical negligence.Read more
Accidents Abroad The Fourth Motor Insurance Directive (2006/26/EC) provides that individuals injured within the EU have the right to issue proceedings on return to their home country against the insurance company of the liable party instead of having to issue proceedings quite possibly in a different language and in the country where the accident occurred.Read more
Two sisters have settled their Injuries in High Court. Actions taken in the High Court against their Father, the driver of a vehicle which was involved in a road traffic accident in which, tragically, their mother diedRead more
We always aim to obtain the best possible result for our clients, be it through negotiation and settlement or through a full trial in as short a timeframe as possible. We guarantee to settle your case quickly if the circumstances are right, we will not delay any matter or wait until a court hearing.We will provide you with a no obligation consultation and opinion on your Personal Injuries * case at the start.We aim to provide an efficient service to you but utilising plain english and minimising legal jargon.You will always deal with a solicitor, not a junior or trainee, who specialises in Personal Injuries*. Our solicitors have years of experience and have helped thousands obtain high levels of compensation for Personal Injuries sustained in all types of situations be it road traffic accidents*, workplace accidents* or medical negligence*.Although we are based in Dublin, it does not matter where you live in Ireland as we can handle your personal injury claim* by phone/ email or alternatively meet you at a location that suits you. It is very important to hire the right personal injury solicitor* for your needs. Your chosen solicitor will help you secure the compensation which you are entitled to and other expenses which may have been overlooked.If you would like no obligation discussion on a personal injuries * claim please contact us discuss further by calling 01 234 0044, or by completing our online assessment form.
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In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
If you would like to discuss making a personal injury claim please contact us to discuss further by calling our phone number: 01 234 0044 . We will be happy to have a no obligation conversation with you to discuss your claim and provide you with advice and an initial opinion regarding your injury, the process from the personal injuries assessment board to issuing proceedings in a case. We pride ourselves in knowing that our clients are always fully informed and advised of all aspects of their case from the beginning when they first speak to us regarding an injury, right the way through to a final award or settlement.
Cosgrove Gaynard Solicitors, 39 Waterloo road, Dublin 4.
We also have a number of other practice areas and would be happy to discuss any other work you would like to discuss with a solicitor. Call us now for further details or for initial advice.
Phone: 01 234 0044 Email: email@example.com / firstname.lastname@example.org or complete our online assessment form.