Litigation
Personal Injury
If you have suffered an injury (physical or other) as a result of a Road Traffic Accident, you may be entitled, under Irish law, to compensation for the injury and/ or any loss caused as a result of the injury (such as material damage or loss of earnings).
In Ireland, all claims for personal injuries, bar a small number of niche areas, must first be lodged with the Injuries Board (formerly PIAB), an independent statutory body, for an independent assessment of the claim before legal proceedings can be issued. The Injuries Board does not deal with liability.
To register a claim with the Injuries Board (PIAB), the following documentation must be filed:
(a) Injuries Board (PIAB) Application Form A
(b) A copy Medical Report
(c) Authorisation of the Claimant (Client)
(d) A cheque in the sum of €45(Application Fee)
Either party can reject the assessment of the Injuries Board (PIAB).
The Injuries Board will order a medical examination of the Claimant by one of its panel of medical attendants. When all the information is collected by the Injuries Board (PIAB) they will issues their assessment of compensation for the injury.
If the Claimant or the Respondent (the party responsible for the accident) reject the assessment made by the Injuries Board (PIAB) an Authorisation will issue to the Claimant allowing them make a claim through the civil courts.
In general the Injuries Board (PIAB) will not award legal fees and outlay and at Geraghty & Co. we make a point of explaining to Claimants at the outset that our fees will more than likely have to be discharged from any award made to the Claimant.
Our firm is vastly experienced in offering advice to both Claimants and Respondents in dealing with the Injuries Board and proceeding through the civil courts.
If you have suffered a personal injury and you would like some advice in relation to making a claim, please contact Davitt Geraghty and Brian M Geraghty at our firm.
NB! The majority of claims for Personal Injury have a time limit of two years from the date of the action (accident) before they are statue barred.
Road Traffic Accidents
At the scene of a Road Traffic Accident:
Stop the vehicle and call a doctor or ambulance where there is a serious personal injury/ injuries,
It is very important to gather the name and address of the other driver, his/her registration number, the name/address of his/her insurance company, the insurance policy’s expiration date, and information from any bystanders and witnesses.
It is wise to call the Gardai to report the road traffic accident as soon as possible, do not admit liability, talk about the road traffic accident or sign anything, even if you think you might be liable. It could be the other driver’s fault, or you might be equally responsible.
Wait for the Gardai and give them your personal details but you do not have to give a statement without consulting your solicitor.
You should attend your doctor, even if feeling well, to be sure that you have not been injured in the accident.
It is advisable to contact a solicitor to prepare a statement of the road traffic accident for the Gardai and handle the insurance claim. It should be remembered that insurance companies will have their own legal advisers.
If you have been in a Road Traffic Accident and would like our assistance to interact with your insurance company, the other party and their insurance company, the Gardai or to represent and advise you in any pending litigation please contact us.
Work Related Injuries
If you have suffered an injury at work, you can make a personal injury claim through the Injuries Board as outlined above.
Medical Negligence
Medical Negligence is the one area where a claim for a personal injury does not go through the Injuries Board. Where a person suffers an injury/loss through the act/omission of a medical professional and that act/omission is not one an average member of that profession would make, the professional will be liable to the person for the injury/loss. The relevant standard and the level of skill is that practiced and accepted by a responsible body of medical persons skilled in the particular area of medicine in question.
If you think you have suffered loss as a result of sub-standard medical care and you wish to make a claim in the civil courts please contact us.
At Geraghty & Co. skilled in resolving disputes, whether by way of litigation, mediation or arbitration, in a high quality and cost effective manner. We work closely with each client to ensure that matters are resolved to their satisfaction.