BARRY HEALY & COMPANY, SOLICITORS, MONAGHAN

Email barry@healylaw.ie

047 71556

01 6468700

PERSONAL INJURY

CAR CRASHES

WORK ACCIDENTS

ROAD TRAFFIC ACCIDENTS

PERSONAL INJURY

WHIPLASH COMPENSATION CLAIMs

Do I have a Personal Injury Claim?

If you have been injured in an accident you may be entitled to compensation. In assessing whether or not you have a valid personal injury claim, we at Barry Healy & Company, Solicitors, Monaghan consider inter alia the following:

  1. The facts of the accident and who is responsible for the accident?

  2. When the accident occurred and if you are within time to lodge an application with the personal injury assessment board?

  3. Have you been injured?

  4. What out of pocket expenses you have occurred because of the accident.

 

The Legal Process

The majority of personal injury claims are required by law to be submitted to the Injuries Board.

These include:

– motor accident,
– accidents at work
– and accidents in public places.

Barry Healy & Company, Solicitors, Monaghan, are very experienced in dealing with Motor Accident Claims, Car Crash Claims and Accidents at work.

There are a number of case types which the injuries board will not deal with, these include:

– medical negligence cases,
– assault cases
– and cases where the injuries are wholly psychological.

There are strict time limits for making an injury claim. In the Republic of Ireland this period is 2 years from the date of accident. This is known as the statute of limitation. Failure to act within this time period may involve a loss of any potential right to compensation!

 

We at Barry Healy & Company, Solicitors, Monaghan will advise you in detail with regard to how to make a claim for compensation arising out of any type of Personal Injury.

The Injuries Board may issue an authorisation permitting an injured person  to issue court proceedings if:

  • the person causing the injury refuses to consent to the Injuries Board assessing a case or
  • in certain circumstances where the Injuries Board are of the view that they will not be able to assess an injured persons injuries within the time frame permitted under statute.

If you have filed an application and have received an authorisation from the Injuries Board permitting you to issue court proceedings, you should contact Barry Healy & Company, Solicitors, Monaghan to issue proceedings on your behalf to ensure your com pensation claim does not become time barred.

It may also be decided by the court, or indeed agreed between the parties, that both the defendant and the plaintiff were partially at fault for the plaintiff’s injury and in such circumstance the principle of contributory negligence applies.

Contributory negligence is the legal principle that an injured party i.e. the plaintiff, may possibly have contributed to his or her own injury by acting in a negligent manner when faced with the obvious and known conditions. When this is compared with the negligence of the defendant (or defendants), the extent of contributory negligence may defeat the plaintiff’s case (i.e. the claim will be unsuccessful) or reduce the amount of compensation awarded. Often, for example, it may be agreed that the plaintiff bore 25% of the responsibility for his or her accident while the defendant was responsible to a degree of 75%. In such circumstances, the plaintiff’s damages, assessed by the severity of his or her injury and loss, will be reduced by 25%.

Negligence without an injury therefore, or alternatively, an injury without negligence, are not enough to pursue a successful personal injury compensation claim. Barry Healy & Company, Solicitors, Monaghan will advise regarding any Contributory negligence in respect of a Motor Accident, Work Accident Claim or any type of Compensation Claim.

Important information in any Accident:

  1. Take photos of the location

  2. Take names and addresses of any witnesses

  3. Try and obtain name of contractor who may have caused obstruction

  4. Report to your doctor asap and get your injuries treated.

    Contact Us

    For legal advice in relation to Personal Injury Claims, please contact us Barry Healy & Company, Solicitors, Monaghan

  • Call us on 047 71556

  • e-mail us at barry@healylaw.ie

  • Use our Call Me Back form at we’ll be in touch.

    *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

     

     

     

     

     

     

     

     

     

Accident Claims*

If you have suffered injury, loss, damage or expense as a result of the negligent act or omission of another party you may be entitled to compensation from that other party or his or her insurers.

Beware if you have been injured in an accident you must issue a Notice to the person you hold responsible for your injury within two months of the accident as otherwise there may be cost implications for you.

You have only two years from the date of your accident within which you must register your application. A medical report must be lodged with your application. 

Contact Us

For legal advice in relation to Accident Claims, please contact us:

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Road Traffic Accident Compensation Claims*

What Should I Do Following a Car Accident?

You should always make your health and the health of your passengers your top priority. If you have not already reported the road traffic accident to the Gardai, you should do so as soon as possible. If you have any doubts about the circumstances of the accident or can not remember all the details, you probably should speak to a solicitor at Barry Healy & Company, Solicitors, Monaghan immediately to get professional help reporting the incident to the Gardai and then dealing with any injury compensation claims.

Top Priority: Your Health

It is of the utmost importance that you report to the casualty department of the nearest hospital or at the very least make an emergency appointment with your general practitioner, should you have been injured in a road traffic accident. Even if you feel that your injuries are not particularly serious, it is still advisable that you see a doctor. Never underestimate peace of mind. The reality is that monetary compensation is no substitute for your health and wellbeing and as any solicitor at Barry Healy & Company, Solicitors, Monaghan who specializes in personal injury litigation can tell you, a common remark from clients who have received large settlements after being seriously injured is that they would exchange the money in order to revert to their prior health and fitness ‘in a heartbeat’.

Further, it should be noted that your attendance at hospital or with your doctor will be recorded in your medical records which may later be used in evidence to support your claim.

Police – The Gardai

Following a road traffic accident, it is essential that you report the matter to the Gardai. If there are no obvious injuries at the time, the Gardai may well indicate that they will not be attending the scene. This is in accordance with the general policy to let the drivers of both vehicles resolve the matter themselves.

As one would expect, should the accident have been of a more serious nature and an ambulance has been called, the Gardai will attend and take statements from the various parties and witnesses (if any) and make a sketch of the accident scene. The Gardai investigation may result in a referral to the Department of Public Prosecutions (DPP) for prosecution.

If, as is often the case, the Gardai do not attend the accident scene it is advisable to visit your nearest Garda station at the earliest opportunity to request that they take details of the accident i.e. names, insurance details and registration numbers of both parties and the date, time and location of the accident itself, you should then contact us at Barry Healy & Company, Solicitors, Monaghan. Each Garda station keeps a road traffic accident report book precisely for this purpose.

Car Accident Formalities

As most people are no doubt aware it is very important to exchange names, addresses and insurance details with the other driver following a car Crash/Accident. This is, however, not always possible as one or both parties may be very seriously injured or perhaps aggressive and confrontational following the collision. What you should do, however, in all circumstances is note the registration number of the vehicles involved. The identity and insurance details of the other parties involved in an accident can usually be later verified from the vehicle registration number. All this information should be furnished to your solicitor at Barry Healy & Company, Solicitors Monaghan who will advise how to proceed with your compensation claim.

Hit and Run Car Accidents

It is not always possible to obtain details of the other driver at the scene of a car crash/accident. Of course, when serious injury occurs this will undoubtedly take precedence over the exchange of names, addresses, and insurance details. If you have been unfortunate enough to have been involved in an accident such as this, our solicitors at Barry Healy & Company, Solictors, Monaghan can still pursue a claim on your behalf. Should the Gardai have attended the scene of the accident, Barry Healy & Company, Solicitors Monaghan can very simply request and pay a small fee for the details of the other driver and a copy of the relevant Gardai report.

Alternatively, you may well have been a victim of a ‘hit and run’ incident or have later discovered that the driver of the other vehicle was uninsured at the time of the car crash/accident. In such circumstances please note that Barry Healy & Company, Solicitors, Monaghan can submit the matter to the Motor Insurers Bureau of Ireland, a body that exists to protect the victims of road traffic accidents when the party at fault is untraced or uninsured. The MIBI can act as the ‘insurer’ of the unknown or untraced driver and can, if appropriate, make a compensation payment to the victim.

Make Use of Technology

In modern Ireland it is fair to say that most of us own a mobile phone that should obviously be used immediately following an accident to contact the Police/Gardai and, if necessary, an ambulance. You should also utilise the camera and/or video function present on most modern cell phones to record images of both vehicles (showing damage to the cars and their road positioning) following the car crash/accident. Furthermore, it may also be useful to your road traffic accident/car crash  claim if the pictures can give an accurate impression of the weather and road conditions. Obviously, the licence plate number of the other vehicles can also be recorded in this way.

Do Not Admit Liability

It is very important that you do not admit liability at the scene of the accident as it is in fact very often a condition of your Insurance Policy not to admit liability following an accident. It is perhaps best policy not to discuss liability for the accident at the scene if at all possible. Even in circumstances where it is very clear that the other party has been at fault, you should remain polite and all times assist the other driver if he or she has been injured and then exchange particulars (name, addresss, insurance details).

Summary

  • It is always in your best interests to speak with a solicitor before making road traffic accident claims because of the procedures involved to ensure a claim is successful. Ring us at Barry Healy & Company, Solicitors, Monaghan 047 71556/ 01 6468700

  • Your health should be your first priority after a caraccident. Claims are assessed on the severity of your injuries and a doctor´s report will be required by the Injuries Board Ireland.

  • Wherever possible, you should exchange names, addresses and insurance details with the other driver. CarCrash/Accident claims may still be capable of being processed without them due to modern technology.

  • The Gardai should be made aware of your caraccident. Claims for compensation may hinge on what is written in their report and if they have not attended the scene you should report your accident to them.

  • Car Crash and Motor Accident claims are determined by facts rather than opinions. Not admitting liability is often a condition of an insurance policy, so it is best not to discuss liability for the accident with the negligent driver.

  • All Caraccident claims are unique, and it is better to discuss your personal circumstances with a solicitor at Barry Healy & Company, Solicitors, Monaghan 047 71556 or 01 6468700

Contact Us

For legal advice in relation to Road Traffic Accident Compensation Claims, please contact us:

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Car Crash/Accident Compensation Claims*

WHAT SHOULD I DO FOLLOWING A CAR ACCIDENT?

  1. Call the emergency services if necessary - 999

  2. Move away for damaged cars to somewhere safe

  3. Call the Garda if anyone has been injured in the car accident

  4. Obtain the registration number of the vehicles involved

  5. Exchange information with the other person(s) involved in the Car Accident (Names, Addresses, Telephone Numbers, Insurance Information – Name of Car Insurance Company and Policy Number)

  6. Get the names and addresses of any witnesses to the car accident

  7. Take pictures of the Car accident Location and vehicles involved using a camera phone or digital camera

  8. Call Barry Healy & Company, Solicitors 047 71556/ 01 6468700

First Priority:

If you have been injured in a Car Crash/Motor Accident you should attend at the Accident & Emergency Department of the nearest hospital or at the very least attend with your General Practitioner. Even if your injury is not serious it is still advisable that you see a Doctor. Although you may be entitled to monetary compensation for your injury money is no substitute for peace of mind. I can say from hard experience that money received in respect of a car injury compensation would always be exchanged by claimants in return for their prior health and fitness.

Further if you attend the accident & Emergency Department of a Hospital or attend your General Practitioner the injury that you sustained in the Car Accident will be recorded. This may be very important if you decide to bring a Car Accident Injury Compensation Claim.

The Gardai

Following a Car Accident it is essential that you report same to the Gardai. It can often happen where there are no outwardly serious injuries that the Gardai do not attend. If this is the case it is still advisable to visit your nearest Garda Station at the earliest opportunity and give them the details of vehicles involved, insurance policy names and numbers and also ask them to record the nature of any injury whether it is a back Injury or a whiplash injury these small steps can be very important should a compensation claim for Personal Injury be made either by you or by a Third Party.

  • INSURED DRIVERS

  • UNINSURED/UNTRACED DRIVERS

  • DRUNKEN DRIVERS & CAR ACCIDENTS

  • FATAL CAR ACCIDENTS

As I said above it is important to try and exchange details with the other Drivers involved in the Car Crash/ Motor Accident. If you are involved in a car accident with an insured driver and they are at fault their insurance company will cover the costs of your Injury Claim. It is mandatory in Ireland to process your claim initially through the Injuries Board (PIAB). I will help you with this process to ensure you get adequate compensation for your Personal Injury. The Injuries Board (PIAB) have a Book of Quantum which gives and indication of the range of Compensation for a particular personal injury. All types of Personal Injury are detailed in the Book of Quantum including Whiplash, Head Injury, Arm/Leg Amputation, Neck Injury, Back Injury and Trunk Injury, Fractures, Crush Injury. All injuries are categorised as

  • Substantially Recovered

  • Significant Ongoing

  • Serious and Permanent Conditions

Whiplash symptoms may be minor whiplash, Acute whiplash or chronic whiplash

The Book of Quantum state that a whiplash injury which has substantially recovered within 12 months may be assessed up to €14,400. A whiplash injury which has substantially recovered within 24 months is assessed at a value of €11,500 to €17,400. Someone suffering with significant and ongoing Whiplash Injury is valued between €15,900 and €64,500 while a serious and permanent whiplash condition is assessed with a value between €59,400 and €78, 400.

It is not however always possible or even advisable to try and exchange details; the driver of the other car in the accident may be drunk, aggressive or seriously or even fatally injured.

Of course when a serious or fatal injury arises from a car accident the most important thing is medical care. However other than in this case it should always be possible to get some basic details such as the registration number of the other car and you should endeavour to get these.

If you are involved in a car accident with someone who is uninsured you can claim compensation for your Personal Injury through the Motor Insurers’ Bureau (MIBI)

Hit and Run accidents may also be dealt with through the Motor Insurers Bureau (MIBI)

The Motor Insurers Bureau (MIBI) can act as (insurer) of the unknown or untraced driver and can, if appropriate, make a compensation payment to the victim in respect of any Personal Injury.

MAKE USE OF TECHNOLOGY

Nowadays most of us have a Mobile Phone and the camera/video function can be useful if you have been in a car accident in order to take pictures of the damage to the cars and there respective locations on the road, it can also be use to record the Registration Number of the cars involved in the car accidents.

DO NOT ADMIT LIABILITY

All car accidents are unique whether they happen in Monaghan or Dublin and it is better to discuss the details of your accident and your injury with a Solicitor before you make a statement regarding liability.

Contact Us

For legal advice in relation to Car Crash/ Motor Accident Compensation Claims, please contact us:

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Call Me Back

Name

Email

Phone

Message