Beach accidents are not uncommon this time of year, especially in coastal areas and the good weather. You and your family may go to the beach quite often, and there may be numerous risks present that you do not pay attention to. If you or anyone in your family is injured while staying at the beach, you could take legal action against the responsible party. You should not be expected to pay these damages if you were not at fault. 

What kind of injuries can I suffer at the beach?

Many beaches are large and expansive enough that there are blind spots and areas that are not properly maintained. There should always be ample security and lifeguards present, and if you are injured, you may be able to hold the city or private property owner accountable. Some of the damages you can suffer include:

There are many ways that these injuries can happen. They may occur in the following manners:

If you were injured at the beach because of any of the aforementioned reasons, you should take proper legal action against the responsible party. We will do everything we can to ensure that you are fairly paid for your damages.

Who can be held responsible for a beach accident?

Beaches are public places, and you can hold the city accountable if it did not properly maintain the beach and ensure that it had no dangers or hazards. If there were problems that were reported but never fixed, there could be ample evidence that the city is to blame. Further, there could be private property owners at or near the beach who could be held responsible. They may run stalls, shops, and more, or they may even have property that is beach-front. The premises that you are on must be safe and not present any dangers for those on it. You can sue if the property owner:

It can be difficult to prove that the property owner was negligent in any of these ways if you do not have a solicitor on your side. Premises liability cases are not simple, and you should defer to a skilled, experienced solicitor for your claim.

How do I file a lawsuit for a beach injury?

If you were injured at the beach, you should take the following steps: Firstly, you should go to the hospital to get treatment. You should not wait too long to get checked out; a delay between the incident and the treatment can be a red flag for the insurance agency. You should keep all medical notes, doctor’s notes, hospital receipts, and statements showing you received treatment.

Next, you should take as many photos as you can of your injuries, the scene of the incident at the beach, any defects or hazards, and more. These photos and, and even videos, will come in handy and show the extent of the dangers.

You can interview eyewitnesses and bystanders who saw the accident happen or who can attest that there is a danger present at the beach. These testimonies will help buffer your case. You should also take down any relevant information from private property owners or find a lifeguard who was responsible. All of these contact details will help you reach the correct insurance agency to file your claim.

Lastly, it is important that you call a solicitor who has experience in beach accident lawsuits. We will gladly organise your evidence for you and submit it to the proper party. We will negotiate a fair deal, argue in your favour, and work to bring you the justice you deserve. You can spend your time recovering and returning to a normal life.

What can I win from a beach accident lawsuit?

Victims of beach accidents can receive fair compensation for their injuries and damages. We can ensure that you are adequately paid if you were hurt; you should not be expected to cover these debts and bills by yourself. The party that contributed to the accident in some way should bear the burden of the damages. Our team will help you recover the following losses:

For more information or a consultation regarding your claim then please contact one of our team today at personalinjuriessolicitordublin.

Some people will know the answer to that question, but for those who don’t, it refers to something called the ‘limitation period’.

Without getting into speaking legalese, it simply means that if you have suffered personal injury in an accident that was caused by another person, then as an adult, you have just 3 years from the date of the accident within which to start a claim against the person that caused it.

If you don’t start a whiplash claim, within three years from the date of the accident, you won’t be able to claim at all. Your claim will be ‘time-barred’ or ‘statute barred’. In other words, your chances of claiming will be over.

By, ‘to start a claim’, means that the court process must have been commenced. It’s not enough that you have been in correspondence with the other party’s insurance company. If the claim hasn’t been settled, papers must have been sent to the county court for ‘issuing,’ i.e., you must have paid your court fee and got your court papers stamped, at the very least.

Why do some people who have suffered personal injury in a road traffic accident not make a whiplash claim straight away?

There may be any number of reasons. Here are some of them:

  1. They don’t realise that they are entitled to claim
  2. They are aware that they can claim but want to wait and see how their whiplash injury develops before deciding whether to make a claim
  3. They are aware that they can claim and also know that they have three years within which to do so. For that reason, they put off claiming until they have ‘got the time’ to get in touch with a solicitor.
  4. They know that they can claim for the personal injury that they have suffered but haven’t made a claim before and are a bit nervous about doing so now.

It has always made sense to take legal advice as soon as possible from an expert personal injury solicitor when you’ve suffered a whiplash injury in a road traffic accident:

Being involved in a car accident is not a pleasant experience, even if you have not been seriously injured. In any event, let’s not minimise whiplash – chronic whiplash is highly painful and debilitating. 

If you find yourself in a position of unsure to claim, we strongly suggest that you speak to an experienced personal injury solicitor who regularly deals with whiplash claims and get them to start your claim immediately.

At Personalinjuriessolicitorsdublin, we're continually helping people across Dublin make successful claims for whiplash. If you have any questions or would like to pursue a claim then contact one of our specialists today.

What is 'contributory negligence’? Contributory negligence is a partial defence to a personal injury claim. If the defendant is successful in arguing this defence, it can lead to a reduction of a claimant’s award in damages.

In the instance that you make a successful personal injury claim in the courts, you could still be found to be partially at fault for your own injuries. A common occurrence in which contributory negligence is raised as a defence is when the claimant is involved in a road traffic accident but is not wearing their seatbelt. However, it is an argument often raised in other cases too, such as accidents at work or trips/falls.

When will the defendant be successful in arguing contributory negligence?

The burden of proof lies upon the defendant in this aspect of the claim. In short, the defendant will have to prove their allegation that you, the claimant, are partially to blame. A defendant can put forward an argument of contributory negligence even if they admit fault. To do this, the defendant must satisfy three tests in the eyes of the court:

The court will then take into account the respective ‘blameworthiness’ of each party and calculate the degree or level to which each party was to blame for the claimant’s injuries.

Why contact a Personal Injury Solicitor?

Contributory negligence is a complex issue and must be given careful consideration by a solicitor acting for a claimant. It is a matter to be aware of from the very beginning of your claim and throughout. The defence can be challenged by a claimant and will fail if the court deems the defendant not to have provided sufficient evidence to substantiate the reduction in the claimant's damages.

Our specialist personal injury solicitors can help you to bring a claim and advise you on issues such as contributory negligence. Call our personal injury specialists today on 0872905001 to discuss if you could be entitled to claim compensation.

Possibly one of the most difficult types of cases our expert team deals with is when a client approaches us for help and advice where a family member has passed away. These cases can be emotionally tough for any client. Adding litigation into the mix is usually a huge emotional step to take..

Firstly, we are all human and we recognise that these types of claims are incredibly difficult for clients and their families to deal with. We understand that there are times clients feel unable to deal with the case straight away and may need more time to process the information when we are giving you advice and asking for information.

In terms of the process, initially we need to work out who is the correct person in law to bring the claim. If there’s a Will, then it’s the executor of the Will that will usually bring the claim on behalf of the beneficiaries of the estate. If there’s no Will, it’s usually the surviving spouse, or a parent, that can bring the claim. It can get more complicated, and if your situation is different, we will be able to guide you through that process. You may also be required to obtain a grant of probate.

The next stage is to sort out funding, which is usually reliance on an existing insurance policy, or a “no win, no fee” agreement. Each client’s circumstances are different, so we’ll work through that with you too.Then we get to work asking for copies of the deceased’s medical records and if there’s been an inquest, we will need those documents also, along with the death certificate.

In terms of the claim, we need to prove two things for a successful claim: (1) substandard care, and (2) an outcome that resulted in the death that would have been avoided had there not been substandard care.

We do this by asking independent medical experts to look at the deceased’s records. They’ll consider those two points above and give us advice as to whether there’s a claim. If there is a claim, we can put this case to the defendant and invite them to admit liability. If it is admitted, we will request compensation and negotiate resolution of your claim. If liability is not admitted then we may need to start court proceedings.

If the expert evidence supports the case, we will look to claim damages which can include:

This list is not exhaustive and is just to give you an idea of the items we would consider claiming for.

At the end of the day, we know these claims are emotionally charged. Our aim is to support you, deal with the claim compassionately, and to look to get the cases resolved as swiftly as possible, avoiding court proceedings if we can.

We would encourage anyone touched by the death of a loved one to reach out to bereavement services who are able to provide support, such as the ones below:

If a loved one has died due to the negligence of a medical or health professional then we may be able to help you pursue a claim for compensation. Our leading team of experts are on hand to offer advice, so please get in touch with us on 0872905001 or complete our online enquiry form and we will contact you directly.

Health ministers have warned that the health service is moving towards an “uberisation” of GP services, with patients being forced to see a different doctor every time they visit their local surgery.

Ministers warned of a crisis in the sector. In particular, highlighting the important role GPs play in terms of spotting cancers and how this appears to be impeded when there is less continuity of care. For example, a Norway study from 2021 which found that there was a 30% less chance of a patient going to hospital and a 25% less chance of a patient dying if they had the same GP over a long period of time.

A poll released from 1,395 GPs which had a staggering finding that nearly nine in ten GPs fear patients are not always safe at their surgeries. Ultimately, the GPs themselves believe that it is “safer to make a diagnosis if you know a patient’s context, you know their family, their social situation. You’re more likely to see those red flags when you should.”

Health experts highlighted that more is being invested in the health service workforce than ever before in history, and this includes having more doctors in training at medical school than any other time in history. However, the opinion does seem to suggest that the policy in relation to how people are seen by their GPs needs to be very carefully considered to ensure patient safety.

If you or a family member has suffered an injury due to the negligence of a medical or health professional then we may be able to help you pursue a claim for compensation. Our leading team of experts are on hand to offer advice, so please get in touch with us on 0872905001 or complete our online callback form and we will contact you directly.

Accidents can happen – however, what if another person’s negligence is directly responsible for an accident or serious injury when you are in the workplace? We help parties receive the justice they deserve for an injury that could have been avoided.  Our personal injury team has expertise in this area, but we know that the whole process of making a claim can seem daunting and complex. 

We will try and, give some clear answers to some of the most common questions he is asked:

I’ve had an accident at work - what are my rights?

If you’ve had an accident at work that wasn’t your fault, you have the right to make a personal injury claim.

Can I claim compensation?

If your accident was a result of someone else’s negligence, then you may be entitled to compensation for the harm caused.

Employers have a duty to protect the health, safety and welfare of employees, and any visitors, in the workplace.  The correct procedures must be in place to make sure that employees do not sustain any injuries or health-related issues.

Even so, accidents do still happen.  According to recent statistics, there were 693,000 injuries caused at work last year, resulting in an estimated 6.3 million working days lost at a cost of €5.6 billion. 

How do I make a claim?

The first step is to contact us.  One of our expert personal injury team will talk you through the process and provide you with practical, clear advice as to whether or not you have a case.  You can call our team on 0872905001 or send us some information and we’ll call you at a time that suits.

How long will my claim take?

For simple injuries (e.g. falls, trips and slips) the process shouldn’t take longer than 12 months. However, for more complex and prolonged injuries, or where the defendant denies liability, it can take longer to negotiate a settlement.

My accident was a year ago – am I too late to claim?

In most circumstances, the time limit to make a claim is 3 years.  That means that court proceedings must be started within 3 years of you realising that you sustained an injury. 

What evidence will I need to provide?

Evidence of the accident and injury will be useful if you decide to make a claim and it will certainly help strengthen your case. Types of evidence might include:

Will I have to go to court?

Many personal injury cases won’t see a courtroom.  Most cases see the person liable accepting the claim and settling it outside of Court.  However, if matters get more complicated and result in Court proceedings, our personal injury lawyers will be by your side to fight for the compensation you deserve.

Can I lose my job if I make a claim against my employer?

It’s a common occurrence for clients to be worried that they might lose their job if they make a claim against their employer. However, this should not be the case – your employer has a duty of care, and if they fail in that duty, resulting in you sustaining an injury, then you have the right to make a claim.For more information and advice, please contact one of our team today

Joseph McNally, at PersonalInjuriesSolicitorDublin, provides expert advice for people who are  choosing a personal injury solicitor to manage their compensation claim.

1. Are they experts in personal injury law?

There are solicitors that tend to dabble in personal injury and then there are real specialists in their field, like personalinjuriessolicitorsdublin.ie. Appointing a specialist solicitor will ensure your personal injury compensation claim is in the right hands - make sure you research your preferred personal injury company before appointing them as your legal representative.

Personalinjuriessolicitordublin ensures all of its personal injury solicitors receive regular and extensive legal training throughout their time with the firm. The regular training, together with its decades of experience and lawyers who work in very specialist teams, ensures clients receive the highest-quality legal advice and representation.

2. Do they have testimonials of clients they have acted for, who are pleased with the results and happy with the amount of compensation they received on trusted websites such as Google or TrustPilot?

All solicitors will claim they will do their best for you, but is what they claim believable and do they really look like experts that have a proven track record in winning compensation claims? Personalinjuriessolicitordublin has over 20 years’ experience in helping people to secure the maximum amount of personal injury compensation in the shortest possible time. We are also, unlike any other law firm in Dublin, uniquely dedicated to injured people.

3. What are their payment terms?

Terms and conditions between law firms can often seem similar, but there can be little variations that make a huge difference. It’s vital that you understand these and what you’re signing up to before you appoint your personal injury lawyer - otherwise you could find yourself out of pocket when another firm could have provided a better deal.

Personalinjuriessolicitordublin can discuss a range of options with you, including no fees if your claim is unsuccessful.

4. Do they have links to support groups?

Choosing a personal injury lawyer with established links to charities and support groups can ensure you and your family have access to specialist care, rehabilitation services and emotional and physical support. Personalinjuriessolicitordublin is proud to work alongside a wide array of support networks based in Ireland, to ensure its clients are able to get their lives back on track as quickly as possible following a personal injury.

5. Are they local?

Trust is a huge part of choosing a person managing your personal injury claim which is important whatever your type of compensation claim. Personalinjuriessolicitordublin has an Ireland wide network of personal injury specialists, who are committed to combining local knowledge with their legal expertise to ensure every client receives the best service possible. 

How can Personalinjuriessolicitorsdublin help me?

Personalinjuriessolicitorsdublin has represented thousands of people to make successful personal injury compensation claims, and has established itself as one of Dublin’s leading personal injury law firms. To discuss your claim and how we may be able to assist you then please contact one of our specialist team today on 0872905001 or email on info@jmsolicitors.ie.

They say April showers bring May flowers, unfortunately they also bring along an increase in car accidents. We typically see an increase in personal injury cases every year coming into the Spring/Summer months. You can never quite tell what causes some accidents but there are some that are far more common than you think.

We look into some of the more common causes that are linked to this and we hope that it will give you some valuable information that can be used to avoid a potential car accident. 

Wet Weather

Spring time in Dublin is always known for its wet weather. And as we know rain can cause reductions in driving visibility. Its also makes the roads more slippery because the gaps in the road can be hidden with water. This reduces the traction and increase the chances of you hydroplaning. Unfortunately, the chance of a car accident increase considerably under these conditions. When driving in the rain you should always stay extra aware and keep your distance from other drivers as well as decreasing your speed.

Increased Traffic

As the weather gets warmer more people will tend to be out on the roads. People are on more holidays and want to get out of the house, particularly around the Easter bank holiday, and unfortunately this increases the chances of getting involved in an accident. Drivers are sometimes travelling to areas across the country they aren’t familiar with, engage in tailgating, and occasionally even find themselves in road rage situations. The best way to avoid these sorts of pitfalls is to leave yourself extra time to get to your destination and prepare your journey before you set out. 

Distracted Driving 

It is very easy to get distracted whilst driving. The majority of people will talk to other passengers, eat or drink, adjust car settings, or even use a mobile device while driving. Unfortunately, all of these can be very dangerous on the road and have been known to cause accidents across Dublin. You should keep distractions to a minimum and pull over to the side of the road if you need to make a call or deal with anything urgently. 

Drowsy Driving 

The change in time can cause upset to people’s sleep patterns and daily chores. It’s completely normal to feel tired as your body gets readjusted. But being drowsy while driving can have a significant impact on your performance and cause an accident. If you’re feeling tired, the best thing you can do is to pull over to the side of the road and rest or let a passenger drive. 

More Cyclists & Pedestrians

The warm sun always gets people out of their houses. Because there are far more individuals going for walks and riding their bikes, it’s important for drivers to be mindful of their surroundings. Pedestrian and cycling accidents can be very serious, so make sure to slow down and drive defensively. 

People from across Dublin frequently contact us, describing various injuries that they suffered as a result of a car accident. We have specialists to help answer all of your questions and guide you through the claims process. Please call us today at personalinjuriessolicitordublin.ie for more information.

Just thinking about attending a Trial can be daunting. Before you turn up at court its always better to know what you will be facing and what to expect whilst you are there.

First and formally, it is important to note that although a trial is the concluding phase of the personal injury claim process, at personalinjuriessolicitorsdublin the majority of cases are resolved well before trial, and in many instances before Court proceedings are issued at all.

When at trial, a Judge will examine the evidence to decide whether the Defendant should be held legally responsible for the injuries and harm alleged by the Claimant.

Typically, the trial will consist of six main phases:

  1. Opening Statements

Opening statements are presented by both parties’ Barristers. They will summarise to the Judge, the claim being brought and the basis on which it is defended.

2. Evidence in Chief

As a standard process in the Court The Claimant is sworn in first, either by the holy book of their choice, or; for the non-religious, by an affirmation of their intention to tell the truth.

The Claimant will always give their evidence first, as the burden of proof is on the Claimant to prove their claim. The Claimant’s Barrister will start by getting the Claimant to confirm the contents of their Witness Statement, usually by confirming that they have read it recently and that the signature on the final page is their own.

The Barrister can or may then ask the Claimant some questions regarding the accident circumstances and the resulting injuries.

3. Cross Examination

It is then the turn of the Defendant Barrister to pick apart the Claimant’s evidence, and to find some inconsistencies within the same. Unlike with evidence in chief, Barristers are able to pose leading questions in cross examination. Examples of this type of question would be, “you crashed the car because you were driving recklessly, didn’t you?” or; “you did receive adequate training on the correct use of the work machinery, didn’t you?”

Claimants often find this part of the trial the most unnerving, however it is important to remember that it is the Defendant Barristers job to disarm the Claimant and defend the claim.

4. Re-examination

At this stage the Claimant’s barrister will put further questions to the Claimant, off the back of the cross examination.

Steps 2, 3 and 4 and then repeated for the Defendant and any witnesses to the evidence.

5. Closing Arguments

Once all the evidence has been heard by the court, both parties Barristers will make closing statements summing up their arguments. The purpose of this stage of the trial is so that all the parties can highlight the key issues for the Judge to consider when forming his/her judgment on the case.

6. Judgment

Before making a decision, a Judge may take a break to re-consider the evidence in his/her chamber. Once they have formed their judgment, they may return to the Court to read the same. Judges are not required to provide judgment the same day that the evidence is heard, and may also give their findings in writing or at a further hearing where they consider it is more appropriate.

A Fast Track Trial can last for 1 day. There is normally waiting time in the morning and a break for lunch in most instances.

Personalinjuriessolicitorsdublin, we will arrange for you to be represented at the Trial by a Barrister. We also aim to attend ourselves to make sure the day proceeds as smoothly as possible.

If you do have a case that is heading towards a Trial then contact your Case Handler who will be happy to discuss it further with you.

What are the new Personal Injuries Guidelines?

The new Personal Injuries Guidelines were published nearly 12 months ago on April 24th 2021 by the Judicial Council which is a body composed of all judges in Ireland.  They set new guideline levels for personal injury compensation awards in Ireland.

The new guidelines from the Judicial Council will change the amounts of General Damages to be awarded by the Courts and by PIAB.

That will help bring about greater consistency across personal injuries awards. The guidelines will support greater use of the independent, transparent, fair and efficient service provided by PIAB.

The Personal Injuries Guidelines deal with a wide range of injuries in terms of General Damages, which are the amounts awarded for pain and suffering in relation to an injury where someone else is at fault. They do not change Special Damages, which are costs like medical or travel expenses or compensation for loss of wages. As we approach the 12 month period we review the impact of the new guideline and answer the most common questions regarding the changes.

How will these new Guidelines work?

The Personal Injuries Guidelines are a new set of personal injury compensation guidelines that will now replace the Book of Quantum in all personal injury claims from April 2021.  As the PIAB and the Courts will consistently award damages in line with the new Guidelines, it should reduce the likelihood for claims to go to the lengthy and costly litigation process, and instead support the greater use of the PIAB service which has far lower processing costs.

The new Personal Injuries Guidelines must be used by PIAB and the Courts in awarding compensation if a person successfully pursues a personal injury claim.  If PIAB or the Courts do not follow the new guidelines in any case, they are obliged to give reasons.

PIAB is the independent statutory body which fairly assesses claims. From the commencement date of April 24 2021, PIAB will assess all personal injury cases in line with the new Guidelines.

When do they come into effect?

The new Personal Injury Guidelines were approved by the Judicial Council in early March 2021.  Legislation was passed to bring the Guidelines into effect and the Guidelines apply to all cases assessed by PIAB after the commencement date of April 24, as announced by the Minister for Justice.  

I currently have a claim going through PIAB.  What do these new guidelines mean for someone currently making a claim or someone against whom a claim is made?

Where a claim is assessed before the  commencement date of the new Guidelines (24th April), it will be assessed based on the Book of Quantum.  Where a claim is assessed on or after that date, it will be assessed based on the new Personal Injuries Guidelines. The date of assessment will be confirmed on the Notice of Assessment letter.

What about where Court proceedings are commenced on or after 24th April?

Where a claim is assessed  prior to the 24th of April 2021 any subsequent proceedings arising out of the rejection of the assessment will be based on the Book of Quantum.

Where a claim is assessed on  or  after  the 24th of April 2021 any subsequent proceedings arising out of the rejection of the assessment will be based on the new Personal Injury Guidelines. 

How do the new Guidelines affect claims made in the future?

The new Guidelines will be used by both PIAB and the Courts to assess compensation amounts in personal injury claims.

The new guidelines will bring greater transparency and consistency to personal injury awards. They will reduce the overall levels of awards in Ireland and bring them into line with awards in other countries. This is seen as an important step in ensuring fair, consistent and reasonable compensation to claimants and bringing down the high cost of insurance across Ireland.

Do these new Guidelines mean lower awards for personal injury claimants?

The Personal Injuries Guidelines reset award levels for Ireland from the date they become operative and for a significant number of injuries the new levels are substantially lower than previous levels, while they are higher in a small number of categories. The new guidelines will also have more detail on compensation amounts with the inclusion of a broader range of personal injury types.

The new guidelines provide a consistent framework for personal injury awards and will ensure that all claimants have access to fair, transparent and consistent compensation if they have suffered a personal injury.

What happens if I do not wish to accept my PIAB award after the introduction of these new Guidelines?

A claimant who does not wish to accept a PIAB award can decide to go into the litigation process under the current situation, and that does not change with the new guidelines.

The new guidelines for personal injury compensation are the same for awards made by the PIAB and the Courts.  The PIAB system processes compensation claims faster and with far lower costs than through costly litigation. 

At present we are unaware of how judges will interpret the new guidelines when assessments made by the PIAB are rejected by a claiment. Our recommendation is that if you are involved in any form of accident that has resulted in you being injured you should seek advice from one of our specialist team at personalinjuriessolicitorsdublin.

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