Time delays in healthcare can lead to worsening conditions for many people – and in some cases become life-threatening – For us helping our clients to spot signs that their healthcare may have been negligent as early as possible, and to secure them the compensation they deserve.

Injury through Birth

In most cases pregnancies and births occur without any health issues for baby or the mother, however, this isn’t always the case, and negligent care during pregnancy and birth can have an impact on mothers, babies, and friends around them.

Birth Negligence occurs when a health professional makes a mistake during pregnancy or birth that could have otherwise been avoided, and we see far too many cases where mothers and partners feel their concerns were not listened to at an early stage, or that they have been ignored.

Common mistakes that occur can include:

Maternity staff failing to carry out tests quickly enough during pregnancy
Misinterpretation of scans leading to an incorrect diagnosis and inappropriate treatment
Failure to act upon reduced foetal movements during pregnancy
Failure to take appropriate action when a mother’s blood pressure has been at dangerous levels
Failure to perform a caesarean birth at the right time

Misdiagnosis

The incorrect diagnosis for a medical issue can have damaging consequences. Whether you’ve waited too long to receive a diagnosis, were informed you have the wrong condition, or never got a diagnosis at all, you deserve to understand what has happened.

In some cases GPs have failed to refer patients to see specialists, and for appropriate tests and scans, when symptoms are indicative of certain illnesses, and even cases of blood tests being carried out but then not reviewed.

If you have been diagnosed with a serious condition after a long period of illness and had previous assessments by a healthcare professional which did not identify what was was causing the issue, it is only right that you ask questions over the care provided.

Surgical Errors

When undergoing surgery it can be a worrying time, and one that shouldn’t be worsened by an operation going wrong.

It is a requirement of healthcare professionals to ensure that patients are made aware of – and understand – the details of any suggested surgery, any possible complications, and also alternative kinds of treatment which could be explored before making such a decision.

To not ensure a patient is fully informed – or somebody who cares for them if they don’t have mental capacity themselves – is a breach of duty of care.

Some surgical errors can lead to serious complications that may last a lifetime or could even prove to be fatal. Some of the more common forms of surgical error there are:

Unnecessary or incorrect surgery (such as surgery on the wrong part of the body)
Damage to nerves and organs surrounding the site of surgery
Failed surgical procedures (for example surgery didn’t resolve issue)
Mistakes resulting in damage to the brain
Failure to remove surgical instruments and swabs after surgery
Failure to appropriately monitor a patient after surgery resulting in complications

Sepsis

Sepsis can also be referred to as as septicaemia, and can be a life-threatening reaction to an infection that can lead to organs shutting down and even death in worst cases, so it is a condition which health professionals must diagnose and treat within hours of the condition taking over.

Failure to do so can leave patients in a critical condition for a lengthy period of time, or even prove fatal.

Thankfully there are early signs of sepsis potentially developing which must be considered by healthcare professionals. These are;

Vomiting
Fever
Diarrhoea
Extreme chills and shivering
Extreme muscle pain

GP Negligence

Your GP is the first person you turn to when concerned about our health and we look to them to put our fears at rest and decide on the best course of action to getting a full recovery.

Although, in some cases Doctors can sometimes fail to correctly diagnose patients and miss red-flag symptoms. This can lead to delays in appropriate treatment, causing the illness or injury to develop further.

Some common mistakes include;

Failure to refer to a specialist for further diagnosis or treatment
Failure in referral for tests
Not taking medical history into account
Adequate examinations not carried out
Misdiagnosing an illness (and subsequently prescribing incorrect treatment)
Failing to recognise an illness (and subsequently delaying treatment)
Prescription errors

How to start a medical negligence claim

The first step for making a medical negligence claim is contact a solicitor who are specialists in this field.

Our medical negligence experts will arrange chat to discuss the details of your claim and walk you through the medical negligence claim process.

There are time limits for making medical negligence claims, typically three years either from the date that the negligence occurred or from the date that you became aware that the treatment you received was responsible for your injury.

If we represent you, our medical negligence team will submit a claim on your behalf by formally notifying the person(s) or organisation to blame for your injury or illness. We’ll then gather the appropriate evidence, setting up medical examinations, and discussing settlement agreements with the opposing party.

The vast majority of medical negligence cases are settled without the need to go to court, but our solicitors have demonstrated on many occasions our complete commitment to ensuring those who suffer as a result of medical negligence get the compensation and justice you deserve, and that has included rare cases held in front of a judge in court.

Please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Motorists are being urged by insurance companies to check their insurance is still valid. Every 20 minutes someone in the Ireland is hit by an uninsured or hit and run driver and tragically at least one person a day suffers an injury so severe that they require lifelong care.

During January Gardai executed Op Drive Insured across Ireland in an urgent bid to stop dangerous uninsured motorists and protect road users by checking drivers were insured.  Work still needs to continue to drive down the numbers of uninsured drivers on our roads.

Whilst most uninsured drivers knowingly do so, there are unfortunately occasions when people may unwittingly be driving without the correct cover or even may have changed banks and forgotten to update banking records, therefore it is important to check you are covered. It is easy to check as to whether your car is insured by checking the Motor Insurance Database. All you need to do is enter your registration details and it should reveal immediately if the vehicle is insured.

Many people may think that if they suffer injury after being hit by an uninsured driver that they have no right to seek compensation.

At PersonalinjuriessolicitorsDublin, we see how people’s lives have be devastated by road traffic accidents through no fault of their own. If you have been injured by an uninsured driver, it is still possible to claim.  Although there are a number of requirements to be met to be eligible, we have years of experience to help you seek compensation and obtain urgent assistance with rehabilitation.

If you have been involved in a road traffic accident that was not your fault, please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

If you have had an injury after slipping and falling on frozen ground or snow, you may be able to make a claim 'if' someone else was at fault. For example, you may be entitled to compensation if your fall could have been prevented by your employer or a local authority by untreated surface.

We’ll explain the process of claiming for injuries suffered after slipping on ice or snow.

We’ll also answer some common questions, including how much compensation you could receive and the time limit to make a claim.

1. Slipping and falling on ice or snow

Slipping and falling on ice or snow causes thousands of injuries each year.

In winter hits, accident and emergency departments across Ireland fill up with people who have suffered falls.

Injuries caused by slips and falls on ice can range from minor bumps and bruises, to sprains and strains, or even broken bones and head injuries.

In some cases, injuries sustained can be very serious, such as traumatic head injuries.

With icy conditions, there is always going to be an additional risk of a slip and fall. However, if you can prove that your fall would not have happened if there had been taken greater care, you may be entitled to compensation for the injury.

2. Can I claim for slipping on ice in public?

If you have fallen following a slip on an icy pavement, you may think if you can make a compensation claim.

In bad weather your local authority has a responsibility to ensure roads, pavements and public footpaths are safe. Legally, they must take measures which are ‘reasonably practicable’ to ensure that roads and paths are as safe as possible. However, they are not obligated to keep all routes completely clear of ice and snow – this would be unreasonable and impractical.

However, proving that a local authority is liable when someone slips on ice or snow can be at times difficult.

Generally, a busier street, then the greater the responsibility to keep the area safe for road users and pedestrians. It is reasonable to expect councils to grit the busiest streets in the area, as well as entrances to public buildings such as hospitals, schools, and leisure facilities. This means your case is usually stronger if you fall in an area where high pedestrian traffic can be expected.

Similarly, if you fall at the entrance to a supermarket, you may be able to make a claim against the business.

However, businesses are not required to keep customer car parks entirely free from ice and snow. If you fall in a shop car park, you will need proof any accident claim brought against the store that there was a clear risk that the store could have prevented. For example, if other people had reported accidents recently or near misses, the store would have been aware of the danger and should have taken steps to reduce the risk.

3. I slipped and fell on ice at work, can I claim?

If you have slipped or fallen on ice or snow at work, you may be able to make a claim against an employer.

Health and safety legislation requires your employer to maintain a safe working environment.

If your employer has failed to take measures to avoid icy paths on the premises, such as failing to apply grit to an entrance, then they have failed in their duty of care for their staff members. They can be found liable for any injuries sustained by their employees as a result.

4. How much compensation might I receive for slipping on snow or ice?

The amount of damages you are likely to receive depends on multiple factors, such as the severity of your injury, and the extent to which the organisation responsible failed in their duty of care.

5. Is there a time limit to claim for falling on ice?

As with the majority of personal injury claims, you have three years to claim for slipping on ice or snow.

How to claim for falling on ice or snow -

Speak to a solicitor
Take photos of where you fell and look for potential cctv cameras and ask for the footage
Report the accident to whomever owns the incident area
Seek medical attention from a professional

For more information on personal injury claims please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Thousands of people suffer from personal injuries annually. A startling number of those, however, are reluctant to claim compensation for their injuries, even when those injuries have caused significant pain and financial loss. We’re often told that this reluctance stems from the simple fact that they are worried about the process.

So, we’ve pulled together a list of 5 surprising things you might not know about personal injury claims.

1. You won't always have to go to court

The thought of having to attend Court can be enough to deter those with potential personal injury claims from pursuing them. In fact, a tiny percentage of personal injury claims ever reach trial. Many personal injury matters settle before a claim is even issued. Of those that do get issued, only a minimal number will result in a Court hearing.

The main reason is that personal injury claims are governed by strict protocols which oblige parties to disclose all relevant information and documentation early in the claim. This enables the parties to assess the strength of each other’s position at the outset and facilitates settlements. Those discussions continue even after a claim has been issued, and a settlement can be reached at any time before the conclusion of the case.

Furthermore, not everybody– not even the big insurers– want to go to Court. An insurer may dispute liability until the last minute if a case is particularly sizeable. If they feel the claim has even a chance of success, though, they will often make a settlement offer later in the process.

In the unlikely event that your case does go to trial, the reality is a far cry from the dramatic events portrayed in television courtroom dramas. All evidence must be submitted before the hearing, so there will be no awkward surprises, and there won’t be a Jury; the case is decided by a Judge who will preside over the matter and ensure everyone is treated fairly and with respect.

2. Personal Injury claims can take time

It's crucial to understand that a personal injury claim cannot be dealt with in a short time period. It can be a long process, with the duration depending on factors including the type of accident, the severity of the injuries and whether or not the other side accepts liability.

Sometimes, straightforward personal injury cases are settled in a short period of time, maybe only a few months; other, more complex ones may run for years. Whilst you will need to be involved in some aspects of the work, such as gathering evidence and attending medical assessments, much of it will be carried out by your personal injury lawyer behind the scenes.

3. There is a time limit for bringing a personal injury claim

With the above being said, strict time limits apply to personal injury claims. Once those time limits have passed, taking action can be extremely difficult.

Broadly speaking, the usual time limit is three years from the date of your accident or diagnosis of your injury or illness. It is, however, sensible to seek legal advice and begin the accident claims process as soon as possible to avoid inadvertently effecting your claim.

4. You can claim for depression, anxiety and stress

Personal injury claims are not merely the preserve of road traffic accidents and accidents in the workplace. Mainly these type of cases account for the majority of claims, personal injury covers a broad spectrum of complaints, including psychological injury.

A traumatic event can result in psychological harm, for which redress can be sought. Examples of psychological injury which can be the subject of a personal injury claim include depression, anxiety and stress.

5. Personal injury claims are not a modern-day phenomenon

There is a lot of discussion of the so-called ‘claim culture’ and the alleged explosion of personal injury claims in recent decades. This is fuelled partly by insurance companies in whose interest it is to restrict the number of claims made and is a myth.

Since as far back as Biblical times, people have sought redress for personal injury. Whilst the remedies historically sought may be questionable, the principle that compensation should be awarded to those who have sustained an injury at the hands of another is deeply ingrained in the legal system.

Whether your not happy with your current solicitor or in the unfortunate event that they have ceased trading we are here to give advice on what to do next.

The personal injury market has taken a downturn over recent years with legal reforms to fix costs and make pursuing claims almost impossible, so it comes as no surprise that many firms have went into administration.

Any solicitor who has been appointed by a client to handle a personal injury or medical negligence claim must act in their best interests and act professionally. Like any other business, solicitors have to work to the highest standards to ensure the satisfaction of the client because it is becoming increasingly common for dissatisfied clients to look elsewhere and change solicitors, as they are entitled to do.

This can be done at any point in the claim if you feel that:

Severe lack of communication
Instructions are not being following under your recommendations
You deal with a different solicitor on every milestone in your case
Your solicitor is not getting you treatment for your injuries
Your case is being rushed and may not be getting you the best result financially
You are receiving standard and generic letters and you are not satisfied with the advice being given

Firstly before you act hastily, you should always attempt to resolve your differences with your solicitor and talk things through, but it is common to lose confidence in your solicitor and it is then difficult to come back from that. If you do choose to transfer your file to a new legal firm, then this is quite straightforward and shouldn’t cost you anything, but learn from your experience and choose wisely.

Selecting a new solicitor

Personal injury and medical negligence claims can be daunting and stressful, but you should make sure you keep your frustrations in check, and not allow them to sway your judgement. Do not make rash decisions and instruct a new company without properly considering whether they have the relevant expertise to handle your claim. Does this new legal company use qualified solicitors or simply ‘claims handlers’? Check their credentials, via reputable reviews on Google or third party review websites. It is very easy to find yourself back in the same situation, so you must do some research and choose wisely if you have decided you must have your file transferred.

Fees involved in transferring your file

In the event that you have decided you must change your legal representation, your original solicitor is entitled to retain the file on your claim until any outstanding fees have been paid. In such cases your original solicitor will enter into discussions with your new solicitor and seek to recover costs from the claim when it eventually concludes. This is known as ‘exercising a lien’ and is very common in the legal profession.

Many legal cases are funded by a Legal Expenses Insurer, and under normal circumstances, they will have no problem with you changing solicitors. It is true that some people feel uncomfortable explaining to their original solicitor that they are wishing to stop using their services, but usually your new solicitor will make the required arrangements for you, via a letter and/or phone call. Your only requirement is to sign a consent form to allow the transfer of your file and instructions.

For more information on transferring your personal injury file please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Cycle accidents could be reduced simply by having more cycles on the road under the ‘safety in numbers’ theory. The approach has already been proven by studies in Amsterdam.

Across Ireland, on average, someone who regularly cycles will experience a ‘very scary’ close call once a week.

Pre-Covid figures showed that there were 16,884 cyclists injured in road accidents reported to the authorities. A further 4,433 were seriously injured and 100 were killed. The only accurate figure here was the number killed. This is because not all accidents are reported, even the ones resulting in injury serious enough to have to go to hospital.

Danger zones

Almost two thirds of accidents occur at or near junctions, particularly T junctions. The most common cause of the accident is either driver or cyclist failing to look properly.

Other factors where vehicles were involved include clipping the cycle by passing too closely, knocking the cyclist off by opening the car door without looking and hitting the rear of the cycle.

Highway Code

Recent changes to the Highway Code have been introduced to improve the safety of cyclists. These include:

Dutch Reach

This involves opening the car door with the hand on the opposite side to the door itself. This forces you to turn your body, giving you a better chance of seeing an approaching cyclist and restricting how far the door can be opened.

Junctions

Simply put, whoever is going straight ahead has priority, unless there are traffic lights in operation. This rule is common right across Europe and applies to drivers, cyclists or pedestrians.

Passing distances

A minimum safe passing distance of 2m is recommended. This should be increased to 2.5m in bad weather and for all heavy goods vehicles.

Recovering compensation

Over the years, our personal injury team have worked with many injured cyclists, helping them to recover lost income and/or additional expenses they have because of their injury. Tragically though, we also see fatal cases which often leave families with financial worries on top of their grief. In these cases, we work with the dependents to recover compensation that will help provide them with financial security.

Our specialist personal injury team can help you bring a claim and advise you on issues such as contributory negligence. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Contributory Negligence is a term used in the legal industry as a defence in a personal injury claim to suggest that the party that was injured was also to blame for the accident.

Proving liability in personal injury claims is always the initial stage. This means that proving that the defendant is to blame for your accident. Once a defendant has been notified of a claim, they have a set period of time in which to investigate the allegations and thus respond. They can respond in 3 different ways:

They could admit that they are fully to blame for the accident
They could deny that they are at fault for the accident
They could admit that they are partially at fault for the accident but also allege that the claimant is also partially to blame.

These allegations are what solicitors call 'contributory negligence'.

Why would a Defendant allege Contributory Negligence?

When a defendant thinks the injured person is to blame, they will propose a share of liability. This is usually expressed in percentage terms, e.g if they allege that both parties are equally to blame, they will accept 50% of liability. Alternatively, in cases where the defendant is largely to blame but not fully, they may meet at 75% or 80% of the liability. The split can be proposed in favour of either party, so it is possible to have a case where the claimant bears more than 50% of the responsibility for the accident.

How can the Defendant do this?

The defendant has to prove that the claimant is partially to blame. To do this they have to satisfy 3 main tests:

That the injured party has failed to take reasonable care for their own safety
That this caused or contributed to the injured
It was reasonably foreseeable that the claimant would be harmed

The defendant will have to provide evidence to prove contributory negligence. The injured person(s) solicitor would then review and advise. If the parties are unable to resolve the issue between themselves, it would be ultimately be down to the court to review the evidence and decide what, if any, split is appropriate.

Does this effect my compensation?

If contributory negligence is successfully argued, the compensation the injured party is awarded is reduced by the percentage they are at fault. Meaning if a claimant is found to be 25% at fault, their compensation will be reduced by 25%.

Can you give me an example?

When a pedestrian steps out in front of a moving vehicle without looking
When an injured person was under the influence of alcohol or drugs at the time of the accident
Where a claimant was rushing, not looking where they were going, or wearing inappropriate footwear or clothing
Failure to wear a seat belt in a road traffic accident

Can you help, I've been injured, and might be partly to blame. What should I do?

Even when you think an accident was your fault this may not be the case. If you feel responsible, or even a little embarrassed, you should still consult and solicitor and get expert advise as to who is at fault. Contributory Negligence can be a complex issue and must be given careful consideration by a professional.

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:

Broken bones
Fractures
Puncture wounds
Lacerations
Sprains
Concussions
Drowning
Knee injuries
Torn muscles
Nerve damage
Neck and spinal cord damage
Coma
Paralysis
Death

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

Lack of lifeguards to dive in the water and save you or bring you to shore
Lack of gates or fences near dangerous areas
Lack of blocked-off areas, hazard signs, or other warnings
Cloudy water that does not reveal dangers below or proper depth
Debris on the beach and in the water, often as trash or detritus from vendors, ships, private property owners, beachgoers, and more
Slip and fall accidents happening on the property of vendors at the beach, like renters and food and drink sellers
Potholes in parking lots at beaches contributing to trip and falls
Surfers, individuals on jet skis, boaters, individuals on wakeboards, individuals para-sailing, and other people in the water not paying close attention to the surrounding area and other people
Environmental conditions and boating accidents that lead to toxic chemicals in the water, leading to skin problems, illnesses, diseases, allergic reactions, and more.

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:

Caused the hazard to appear
Knew about the issue but did nothing to fix it
Did not know about the issue but reasonably should have been aware

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:

Medical expenses from the past and future for your injuries, including surgery, hospitalisation, physical therapy, medication, and more
Lost income from the past and future if you could not return to work for a period of time
Property damage if any of your personal belongings were lost or broken in the incident
Pain and suffering damages to cover mental anguish, PTSD, anxiety, fear, and more speak with a representative now

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:

They don’t realise that they are entitled to claim
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
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.
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:

The circumstances surrounding the accident are still fresh in your mind. Just as importantly, they are still fresh in the minds of any possible witnesses.
Talking to an experienced personal injury soon after the accident will help take some of the strain of the accident from off your shoulders.

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.

A whiplash injury solicitor may be able to arrange for you to start receiving physiotherapy or other rehabilitation treatment at an early stage, to help you to recover more quickly from your injuries.
All personal injury claims, even fairly straightforward ones, can take time to get settled, or brought to a conclusion through court proceedings. It’s better to get your claim underway early on, rather than rushing round to sort it out close to the limitation period.
If you only start a whiplash claim some years after the accident happened, it does tend to make the insurance company on the other side rather defensive and suspicious about how genuine your injury claim is. It can lead to them defending the claim or raising arguments about ‘fundamental dishonesty’ even in claims where there is a genuine injury. This only serves to make the claim drawn out and perhaps even challenged in court.

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:

That the claimant failed to take reasonable care for themselves
That this cause or contributed to the injury; and
It was reasonably foreseeable that the claimant would be harmed.

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.