Hanahoe and Hanahoe open Maynooth Solicitors office

Hanahoe and Hanahoe are delighted to have opened their third office, with the unveiling of their Maynooth solicitor’s office. Managing Partner Luke Hanahoe says that Maynooth is the perfect location for the third branch of the award-winning solicitors’ firms, who already have branches in Naas and Dublin.

“Maynooth is a vibrant expanding town, which we believe has room for a modern progressive solicitors practice like Hanahoe and Hanahoe. Maynooth is home to the National University of Ireland with 8,400 students attending the university. Not to mention numerous multinationals based in the proximity or located on the campus of Maynooth, including Schneider Electric, Capita, Intel, Hewlett Packard and Wyeth.”

We have always considered ourselves as Maynooth solicitors

“Hanahoe and Hanahoe always had large a Maynooth client base. While we opened our original office in Naas over 40 years ago, we never saw ourselves exclusively as Naas Solicitors. Over the last four decades we have been providing clients throughout Kildare with expert legal advice. A large portion of those clients have been from Maynooth, so in that respect we have always considered ourselves Maynooth solicitors”

Increasing our Maynooth Solicitors Client Base.

While, Hanahoe and Hanahoe solicitors have always acted for a large number of Maynooth based clients, this has increased dramatically over the last number of years. Luke believes this is down to a number of factors. ‘In the last three years the number of clients we are receiving instructions from in North Kildare and particularly from Maynooth, Celbridge and Leixlip have markedly increased.

Zoom

‘Zoom has certainly increased our ability to provide clients with expert legal advice. As a firm we pride ourselves on being at the forefront of the latest legal technologies and as such we were using zoom long before the pandemic. While our solicitor’s office are in Naas, Dublin and now Maynooth, we advise clients from across the country, particularly in areas of Medical Negligence Claims, Personal Injury Claims, Divorces and Probate Litigation. Zoom and other such legal technologies have allowed us do this more effectively. However, sometimes you cannot beat a face-to-face meeting and this is why we are establishing a Maynooth solicitors office.

Kildare Chamber of Commerce

‘Hanahoe and Hanahoe are heavily involved in Kildare Chamber of Commerce, and in fact I have been president of County Kildare Chamber for the last 2 years.’ County Kildare Chamber is an incredible organisation. It represent 400 businesses throughout Kildare who employ over 38,000 people across the county. County Kildare Chamber is the largest business organisation in the mid-east region of Ireland. Our firms involvement with the Chamber over the last 11 years and particularly since Luke been president, has undoubtedly increased the profile of our solicitors’ practice in Maynooth, Celbridge, Leixlip and indeed the entire of Kildare.’

Leinster Law Firm of The Year

Hanahoe and Hanahoe have twice won Leinster Law Firm of the Year at the Irish Law Awards. ‘This was a great honour. To win the award once was special, but to win it two years running was incredible. It was a testament to all the hard work of our team at Hanahoe and Hanahoe. Winning the award certainly helped the firm grow. It undoubtedly increased our profile and highlighted expert legal advice we have been providing our clients for the last 40 years.’

Th best source of new business is sitting in your cabinets.

As with any industry, solicitors are a referral-based business. ‘I always say that your best source of new business is sitting in your cabinets. If you do a good job for your clients, they will instruct you again or indeed introduce you to new clients. We work exceptionally hard on client care and thankfully this is paying dividends. We have a really good reputation for providing expert legal advice, particularly in the areas of litigation and property law. This has seen a massive increase in client instructing us from Maynooth, Celbridge, Leixlip and the surrounding areas. It has now got to the stage that clients from these area’s represent such a portion of our business that we simply had to open a Maynooth Solicitors Practice.’

Specialist Medical Negligence, Personal Injuries, Divorce and Probate Litigation Solicitors.

Hanahoe and Hanahoe are a fully serviced law firm, however they have a particular expertise in litigation. Over the year we have built up a very large Medical Negligence and Personal Injuries practice. We have significant experience in Medical Negligence Claims and Personal Injuries Claims, and we would confidently consider ourselves one of the best medical negligence and personal injury solicitors in the country. We also have significant expertise in Family and Divorce and in Probate Litigation.

Our Maynooth Solicitors Office

Our New Maynooth Solicitors offices are based at the Digital Office Centre, Block B, Maynooth Business Campus, Maynooth, Co Kildare. We chose this location as it is a modern office building, which is easily accessible from Maynooth, Celbridge and Leixlip.

Address: Digital Office Centre, Block B, Maynooth Business Campus, Maynooth, Co Kildare, W23 W5X7

Opening Hours: Mon-Fri 9:00am – 5:30pm

Maynooth Tel No: 01 5255637

E-mail: info@hanahoeandhanahoe.com

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

Curragh Camp Sexual Abuse Allegations

Curragh Camp - sexual abuse claims

Curragh Camp Sexual Abuse Allegations

News of Curragh Camp sexual abuse allegations are yet another reminder of the historical failures of the institutions of the state to deal with claims of sexual abuse A number of former members of the Defence Forces have raised concerns about how allegations of sexual abuse and assault were handled.

Curragh Camp Whistleblower

These allegations were first brought to light when Kildare South TD, Patricia Ryan of Sinn Fein, alleged that a whistleblower had contacted the Defence Minister, Simon Coveney. Ms Ryan called for the establishment of an inquiry in to “allegations of systemic sexual abuse and the covering up of sexual abuse in the Curragh Camp. ” In answer to this, Minister Coveney urged any member of the Defence Forces, with information of alleged sexual assault or abuse to contact the Gardai.   Since then a whistleblower under the pseudonym ‘Michael’, joined Clem Ryan on KFM, asking the Justice Minister to apologise for ‘the system failures to protect personnel’ and called on the Minster to set up a redress scheme.

Now, Mr Anthony O’Brien, a 64 year old former sergeant, who spent over 20 years in the defence forcers has come forward, and his accounts have been detailed in both the Irish Times. Since may of last year, Mr O’Brien has been gathering accounts from other veterans, of historical sexual abuse in the curragh camp, over a number of decades. The allegations relate to sexual abuse and assaults of both Male and Female members of the military, as well as children living in the residential area of the curragh camp.   Mr O’Brien has accused the Defence Forces of failing to act, on allegations of sexual abuse by Defence Forces personnel in the past and has called for a public inquiry and a redress scheme for the victims.

Was there Systematic Sexual Abuse?

?An Garda Siochana say that officers from the National Protective Service Bureau, have met with Mr O’Brien since he first made his allegations in May of this year. According they Gardai they are not treating these allegations of evidence of a systemic culture of widespread sexual abuse, warranting a single large investigation. While the Gardai believe that the complaints are largely credible, they feel they are more a reflection of how claims of sexual abuse were dealt within Irish Society, rather that a culture innate to the defence forces. This was echoed by Minister Simon Convey who said there was no evidence of systematic or seismic sexual abuse in the armed forced. This is claim which was disputed by Tom Coleman of the Journal.ie, when he was interviewed this morning by Pat Kenny on News Talk.

Gardai Investigation

An Garda Siochana, say that they assessed the allegations put forward by the Mr O’Brein. They say that some have already been investigated and in some cases prosecutions have previously be brought. In other case the perpetrators have passed away.  A spokesman for An Garda Síochána stated that they had ‘both reviewed and formally investigated a number of individual complaints in the past,” He also appealed for any victims of sexual abuse to come forward to the Garda and make a report. “Irrespective of when that abuse occurred, anyone doing so will be dealt with in a confidential and sensitive manner.”

Defence Forces reaction to claims of sexual abuse

 

The Defence Forces have reiterated their commitment to providing their personnel with a save place to work. A spokesperson for the Defence Forces stated  “Óglaigh na hÉireann are a values-based organisation and we take the safety and well being of our personnel extremely seriously and we are committed to ensuring that all personnel are provided with a safe working environment as per the dignity charter for the Defence Forces.

“In response to the cases outlined in your query, Óglaigh na hÉireann urges anyone with information of alleged criminality to present that information to an Garda Síochána.

“There are a number of internal Defence Forces procedures available to serving personnel who seek to make a complaint. All members are regularly briefed and aware of the mechanisms available to them should they wish to make a complaint.”

Harrowing Allegations Published on the Journal.ie

Today, Orla Ryan of the journal.ie published the harrowing accounts of James Daly and Michael* from the Air Crops. Both gave a candid and brave account of their experiences in the arm forces, with Mr Daly stating that he had to ‘sleep with one eye open’ and comparing the army to the church. ‘“A lot of cases are swept underneath the carpet, files go missing a lot. The Army is like the Church – they do everything internally’

Post-Traumatic Stress Disorder

Both Mr Daly and Michael*  detailed how they now suffer from Post-Traumatic Stress Disorder and anxiety as a result of their experiences in the defence forces.  Post-traumatic stress disorder (PTSD) is caused by very stressful, frightening or distressing events. It is common for victims of sexual abuse to suffer from PTSB. Often victims of post traumatic stress can experience nightmares or intrusive thoughts or memories. They might feel as though they are always in danger or need to always be on guard, and may find in difficult to trust people or build relationship. PTSB can manifest itself in people suffering from anxiety, depression, eat disorders, substance abuse and other mental health conditions.

 

What should you do if you have been the victim of sexual abuse.

 

We would recommend the you immediately contact the Gardai National Protective Service Bureau on 01 6663430. If you need help, support is available and you can contact any of the below helplines, alternatively you can contact your GP

 

Hanahoe and Hanahoe – We can Help

If you, or a loved one wants to talk to a solicitor about your experience we can assist you.  Victims of sexual abuse may be able to bring civil sexual abuse. All enquires will be dealt with sensitively and in the strictest confidence. We have over 40 years litigation experience and over 25 years’ experience in bring sexual abuse claims on behave of survivors. Not only do we do we have extensive experience in this area, but we understand the sensitive and compassionate manner in which these sexual abuse claims need to be dealt with. Hanahoe and Hanahoe are an award-winning law firm, having twice been named Leinster Law Firm of the Year at the Irish Law Awards..

To contact us please call our Naas office on 045897784 or Dublin office on 015255637

An independent review has been commissioned into the handling of historical child sex abuse allegations in St John Ambulance’.

St John Ambulance

 

The Irish Times are reporting that ‘an independent review has been commissioned into the handling of historical child sex abuse allegations in St John Ambulance’. This is yet another report of historical failures of our institutions to protect children that were in trusted in their care. In the last number of weeks, we have seen the first sets of proceedings being issued with respect to the Mother and Baby Homes, the conviction of John McClean, Belvedre College issuing a statement about Fr Joseph Marmion SJ and Simon Coveney issuing a statement about alleged sexual abuse in the Curragh Camp.

The Minister for Children, Roderic O’Gorman, has welcomed an independent review into the management of historical child sexual abuse allegations at St John Ambulance. It is understood that St John Ambulance have asked Roderic O’Gorma, an internationally recognised expert in child protection, to undertake an independent review. The report is to focus on how St John Ambulances handled of past allegations of child sexual abuse relating to one volunteer. Tulsa have already deemed the allegations of abuse made against this individual founded.

According to the Irish Times, the abuser, who is now in his 80s, ‘was a senior figure in the Old Kilmainham division, and a member of the organisation from the 1950s until at least 2000, leaving under pressure to resign.’ The Irish times further reports that ‘Two further alleged victims have since come forward claiming they were also sexually abused as children by the same man. Two of the five survivors, who spoke to The Irish Times, said they had reported the alleged abuse to other senior figures in the voluntary paramedic organisation at the time.

 

We Can Help

If you, or a loved one has been affected by historical sexual abuse, we can help you. We have over 25 years’ experience in bring sexual abuse claims on behave of survivors. Not only do we do we have extensive experience in this area, but we understand the sensitive and compassionate manner in which these sexual abuse claims need to be dealt with.

We understand how important and Hanahoe and Hanahoe are an award-winning law firm, having twice been named Leinster Law Firm of the Year at the Irish Law Awards. We have over 40 years’ experience litigation experience and over 25 years-experience in dealing with sexual abuse claims

LOW IMPACT CAR ACCIDENTS & PERSONAL INJURIES

Car Crash Personal Injury test Dummy

LOW IMPACT CAR ACCIDENTS & PERSONAL INJURIES 

There is a myth being perpetuated by the insurance industry and certain sections of the media, that low impact car crashes cannot result in the occupants sustaining personal injuries*.  Our specialist personal injury solicitors* are continually seeing this myth being used by both insurers and defence solicitors, in the defence of car accident personal injury claims*.  However, the claims of the insurance industry ignores the voluminous clinical evidence, medical research and indeed engineering research on low impact car crashes and the personal injuries* that can occur, even in the absence of any significant vehicle damage.  Our personal injury solicitors* find that when the scientific and medical evidence is put to the insurance company, or indeed their solicitors, that very often they are willing to enter into settlement negotiations, as opposed to run their arguments before the Court.

 

IGNORING THE CREDIBLE RESEARCH OR SCIENTIFIC CONSENSUS

 

One cannot rationally deny the likelihood of an occupant sustaining personal injuries in a motor traffic accident*, based on the amount of vehicle damage alone.  To do so ignores all the credible evidence and the scientific research.  As far as I can see, the low impact defence is based on the theory that 1) anyone who sustains personal injuries* in a low impact car crash is a fraudster and that 2) there is no such thing as whiplash* or soft tissue injuries*.  I have yet to see any scientific or medical evidence that supports such a claim.

 

There are many people who are in minor car accidents* who do not sustain personal injuries*.  The vast majority of these do not bring personal injury claims* and all the statistics, be it from the Personal Injuries Assessment Board, the Road Safety Authority or the Court Services bear this out.  Of course, there is a fraction of people who do bring fraudulent claims and some of these have been in minor impact car crashes*.  Needless to say, our personal injury solicitors* will have nothing to do with anyone who we deem to be bringing a suspicious or fraudulent claim, or indeed whom we do not believe has sustained personal injuries*.  But the vast majority of people who bring personal injury compensation claims* as a result of low impact car accidents*, have impact been injured and are entitled to be properly compensated for their injuries.

 

BATTERMAN & BATTERMAN RESEARCH ON MINOR IMPACT CAR CRASHES AND PERSONAL INJURIES*

 

In 2002 Batterman & Batterman Accident Re-Constructionists, published their report Delta-V Spinal Trauma and the Myth of Minimal Damage Accident in the Journal for Whiplash and Related Disorders.  The studies show that “in a no damage accident the struck, or target vehicle, can obtain a delta-V of 10 mph or greater, which is well within the injury producing range”.  Furthermore, the paper scientifically dispels the myth that a minimal or no damage vehicle collision implies that the delta-V of the target vehicle has to be 5 mph or less.  For those interested delta-V is the long-standing metric for crash severity.

 

Medical evidence regarding low impact car accidents and personal injuries*

 

The medical evidence also dispels the notion that low impact car accidents* cannot cause personal injuries*.  The study published in the Medical Journal Patient’s Safety in Surgery 2009 authored by German orthopaedic surgeons, concluded that “in real life accidents, cervical spine injuries may occur at low delta-V values, while it is possible to escape unscathed from collisions with high delta-V values.”  They further state in relation to whiplash* type injuries, that “it is impossible to make meaningful statements about the existence of WAD (Whiplash Associated Disorders) solely on the assessment of the property damage value.  This finding might be of importance for surgeon’s assessment and patient safety after a car accident.  Diagnostic and therapeutic management should not be based solely on information related to trauma impact”.

 

Other studies such as Risk Factors for Prolonged Disability after Whiplash Injury published on the 15th of February 2005 indicated that in relation to whiplash* type injuries caused in motor traffic accidents* “the degree of damage of the vehicle was not a predictor of the outcome”.  Similar studies in relation to whiplash type injuries* were published in the Journal of Neurology, Neurosurgery and Psychiatry in August 2005 which stated “there is little evidence that the severity of the impact predicts the early onset of neck pain or pain at one year”.  Sturzenegger M, Radanov BP and Di Stefano G, in their study in relation to whiplash type injuries* sustained in motor traffic accidents* concluded:-  attempts to correlate outcome, with the extent of damage to the involved cars and their speed, has precisely shown to be of little prognostic value”.

 

A VARIETY OF FACTORS CAN RESULT IN PERSONAL INJURIES*

 

A case report called Whiplash Associated Disorder from a Low-Velocity Bumper Car Collision published in the History, Evaluation, and Surgery; Spine: Volume 29, stated that you had to take into account a myriad of factors, when considering whether someone could sustain personal injuries* in a low impact car accident.  These factors include “the occupant’s awareness or head position in the colliding vehicle, defines the risk of neck injury to passengers in colliding vehicles.  One can only conclude that the threshold of injury is a complex dynamic relying on velocity, force, head position, head torso angles, restraint placement, anticipation, tissue elasticity, tissue strength and any multitude of variables that evade accurate determination.”

 

Essentially, it says that force of the accident, is only one factor, in determining whether someone can sustain personal injuries in a minor motor traffic accident.  You have to take into account whether the occupant of the vehicle was anticipating the accident, how their head was positioned, how their torso was angled, their individual tissue strength to name just a number of factors.

 

PERSONAL INJURY CLAIMS* FOR LOW IMPACT CAR CRASHES

 

According to Maria Krafft Anders Kullgren, in their study Influence of Crash Severity on various Whiplash Injuries Symptoms, they state that the risk of whiplash/soft tissue personal injuries*, in minor vehicle collisions of a velocity of approximately 8 kph/5 mph, saw that approximately 20% of occupants still had whiplash type symptoms after one month.  In our 40 years’ experience as personal injury lawyers, these figures would seem to correlate with the percentage of clients that instruct us to bring personal injury claims*.

 

Expert Personal Injury and Car Accidents Claims* Solicitors

 

Hanahoe & Hanahoe, Solicitors are award winning personal injury solicitors. We have over 40 years’ experience in bringing personal injury and car accident claims*.  If you have been in a car accident and have sustained a whiplash type injury or indeed any type of injury, one of our expert personal injury solicitors will be happy to advice you. Please contact us   

on 045 897784 (Naas) or  01 5255637 (Dublin) or @ info@hanahoeandhanahoe.com

 

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

 

 

 

Hanahoe And Hanahoe’s Medical Negligence Solicitors Welcome New Recommendations On The Management Of Medical Negligence Claims*

Medical Negligence Claims

New Report on Medical Negligence Claims*

 

Hanahoe and Hanahoe’s team of medical negligence solicitors, welcome the findings of a new report on medial negligence claims* and their management.  The Expert Group Report to Review the Law of Torts and the Current Systems for the Management of Clinical Negligence Claims chaired by Mr Justice Charles Meenan, published their report on the 16th December 2020. Our team of medical negligence solicitors have been eagerly awaiting the outcome of this report. We believe the reports findings will have a positive impact in allowing the Courts deal with medical negligence claims* proactively and compassionately.

The Report can be accessed here, and details 17 recommendations which we summarize as follows:

  • Actions, practices and procedures must be introduced to reflect that medical negligence claims* involve issues not arising in other personal injury claims*;
  • Pre-action protocols are to be implemented, together with the commencement of the provision extending the Statute of Limitations period for medical negligence claims* from two years to three years;
  • Procedures allowing for the case management of medical negligence claims* are to be implemented;
  • That there should be a dedicated list in the High Court to deal with the management and hearing of medical negligence claims*;
  • That medical records, when requested, are provided in a timely way and in a legible form;
  • That failure to comply with the requirements of pre-action protocols should be penalized with costs or, in cases of persistent non-compliance, an order to dismiss the claim or defence;
  • The amending of Section. 26 of the Civil Liability and Courts Act 2004 is recommended in order to provide for sanctions where a defendant files a defence containing matters in respect of which there is no supportive expert report.
  • The Expert Group does not recommend the introduction of a no-fault system to deal with certain clinical negligence claims*;
  • The establishment of a compensation scheme to deal with certain vaccine damage medical negligence claims*;
  • The Expert Group does not recommend the establishment of a Medical Injuries Assessment Board (MIAB), similar to that of the Personal Injuries Assessment Board, which was established to deal with personal injury claims*.
  • That a system for the “restoration of trust”, as provided for in Chapter 5 of the CervicalCheck Tribunal Act 2019 be made available for other clinical negligence claims*;
  • Ex gratia payment schemes only have limited application;
  • That care packages provided by the HSE be funded so as to reduce the difference between what the HSE can offer and what a court would award;
  • That the disclosure of certain patient safety incidents be made mandatory;
  • That failure to make a disclosure, when required by law to do so, should be considered to be either professional misconduct or poor professional performance by the healthcare provider involved, and should be the subject of an inquiry by the relevant professional body;
  • It should be a criminal offence for a healthcare provider: – (i) to deliberately fail to make a disclosure of a serious reportable patient safety incident when required by law to do so; (ii) to alter medical records with the intent to mislead or deceive;
  • That the provisions of the Health Act 2007 be amended so as to enable HIQA to carry out investigations other than those currently provided for.

Extension of the Statute in Medical Negligence Claims* and Pre-action protocols

One of the major findings of the report is the need to establish pre-action protocols in medical negligence case*. This, together with the extension of time limits under the statute of limitations would certainly be welcomed by our medical negligence solicitors*.  Efficient and speedy reforms are now needed to bring these recommendations to fruition, in order to achieve additional effectiveness in the management of complex medical negligence claims. The protocols encourage co-operation and provide for the narrowing of issues in dispute between the parties. However, in order for the protocols to work effectively, it is also important for the parties to be compelled to address the issue of quantum in a meaningful way at the pre-action stage which in turn will allow for realistic offers of settlement much earlier in the life of the claim.

The Admission of Witness Statements in Medical Negligence Claims*

The Report also recommends the provision of witness statements in medical negligence claims*. This will avoid claimants having to give evidence of a personal or intimate nature in open court. The Report posits that the adversarial aspect of a court hearing could be confined to resolving disputes between suitably qualified experts. This practice is already accepted in a number of common law jurisdictions, where they can play a crucial role in a case. The provision of witness statements allows advance notice of the evidence to be relied on at a clinical negligence claim* trial, resulting in better prepared experts.

The Report suggests that the use of witness statements could potentially remove the need for the claimant to give evidence in court unless he or she wishes to do so, but it is more likely that such statements would only replace the evidence-in-chief of the witness. The medical negligence lawyers for  each party would still to retain the right to cross-examine their opponent’s witness, in order to “test” the cogency of the evidence and the witness’s credibility. In such circumstances, the claimant would still have to submit to cross-examination on his or her evidence.

Case management of Medical Negligence Claims

The Expert Group recommended the implementation of the excellent case management proposals set out in the report of the Working Group on Medical Negligence and Periodic Payments (Module 3) which, the Expert Group say, would considerably improve the current system to the benefit of the litigants involved. However, The Expert Group also notes that, “whilst proposed rules have been circulated for the implementation of pretrial protocols and a Statutory Instrument is being drafted, there has been no such progress in the introduction of case management”.

Case management is an essential tool for medical negligence solicitors and lawyers for the purposes of controlling lengthy, complex and potentially unwieldy medical negligence, including GP negligence or hospital negligence claims.

Hanahoe and Hanahoe solicitors are an award-winning solicitors firm, with over 40 years’ experience in dealing with complex medical negligence claims*. If you have a query about a possible medical negligence claim*, please contact our office to speak with one of our medical negligence solicitors* today.

 

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

COVID-19 Update

Would like to assure all our existing and new clients that our offices will remain open.

We are facilitating consultations with all existing and new clients by telephone or video conferencing.

We are also of course available by email.

To minimise the risk of Covid-19 and to ensure the safety of both our staff and our clients we will not be facilitating person to person consultations in our offices, except in extremely urgent circumstances, however other than this precaution, we will be operating as usual.

Stay Safe.

CHANGES TO THE CIVIL LIABILITY ACT IN RELATION TO PERSONAL INJURY CASES*

Civil Liability -Warning Letter

Changes to the Civil Liability Act in Relation to Personal Injury Cases*

If you have been involved in an accident it is important that you realise that from the 28th January 2019 there have been amendments to Section 8 of the Civil Liability Act, 2004 regarding the obligations of the injured party to notify the wrongdoer that they intend to bring a personal injuries claim.  Prior to January 2019 the injured party had two months to notify the wrongdoer of their intention to bring an action.  This has now been reduced to one month.

Civil Liability and Failure to Provide Letter of Claim

It should further be noted that if the injured party fails to do this within one month and the matter proceeds to hearing the Judge shall draw such inferences from the failure to provide the letter of claim in this time as appears appropriate to the Court.  If the Judge finds that this failure was inappropriate they can penalise the Plaintiff as to costs.

Civil Liability Act and the Statute of Limitations

It is important that people note however that not issuing such a letter within a one month time period of the accident is not a barrier to bringing a claim for personal injuries and that the Statute of Limitations for bringing a claim for personal injuries is two years minus one day from the date of the date of knowledge. The Statute of Limitations is discussed in great detail in our previous blog ‘The Statute of Limitations and Time Limits for Bringing a Personal Injury Claim’.  The purpose of this amendment to the legislation is as a counter mechanism to fraudulent and exaggerated claims.  So just because you fail to issue a letter of claim within a one month period does not mean the Judge will penalise the injured party, it just means it is open to them to do so if they feel it is appropriate.

 

Personal Injury and Medical Negligence Specialist
Awarding Solicitors, Specialising in Personal Injury Law*

Hanahoe and Hanahoe Solicitors Experts in Personal Injury Law

For further information on the Civil Liability Act or indeed any aspect of personal injury or accident law, please do not hesitate to contact Hanahoe and Hanahoe Solicitors on 045-897784 (Naas Office) or on  01-5255637 (Dublin office) or info@hanahoeandhanahoe.com, on LinkedIn or Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

 

 

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

Statute Of Limitations And Time Limits For Bringing A Personal Injury Claim*

Statue of Limitations -Time Limits

Statute of Limitations and Time Limits for Bringing A Personal Injury Claim*

When bringing a personal injury claim, it is essential that you do so within the time limits sets out in the Statute of Limitations Act of 1957 and the Amendment Act of 1991. If you have been injured in an accident that was caused by the negligence of someone else, you may be entitled to be compensated for the injuries and the losses you have incurred as a result of the accident. However, when bringing a claim for personal injuries, it is essential that you submit your application to the Personal Injuries Assessment Board and where necessary issue your personal injuries summons within the strict time limit set out by the Statute of Limitations.

 

What is the Statute of Limitations?

For the purpose of personal injury law, the statute of limitations is the length of time a person has to initiate a claim for personal injuries. The terms are set out in the Statute of Limitation Act, 1957 and the Amendment Act, 1991. Under the terms of the act, a person has two years less one day from the date of knowledge to initiate a claim for personal injuries.

 

Statute of Limitations – What is the date of knowledge?

According to the Act, when establishing the date of knowledge, one has to look at when the victim had knowledge of the following facts: –

 

  1. When they had been injured;
  2. When they acknowledged that the injury in question was significant;
  3. When they acknowledged the injury was attributable in whole or in part to an act or omission which is alleged to have constituted negligence, nuisance or breach of duty;
  4. The identity of the defendant and;
  5. If it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the briniging of an action against the defendant.

 

In many cases, the date of knowledge will be the date of the accident. For example, if you were injured in a road traffic accident, where you were rear ended by a third party, which resulted in you breaking your arm, you would immediately realise that you would have: –

 

  1. a) Been in an accident;
  2. b) That the accident was the fault of the third party;
  3. c) That your injuries had been significant.

Statue of Limitations – Better Safe than Sorry.

However, in many other cases, the date of knowledge can be more nuanced because you may not realise that you have had serious injuries until the days and weeks after the accident or you may not realise who is responsible for your injuries. That said, we would always advise people to air on the side of caution and to submit your application to the Injuries Board, within the two years, minus one day of the date of the accident.

Personal Injury and Medical Negligence Specialist
Awarding Solicitors, Specialising in Personal Injury Law*

 

 

Hanahoe and Hanahoe Solicitors Experts in Personal Injury Law*

For further information on the Statute of Limitations or indeed any aspect of personal injury or accident law, please do not hesitate to contact Hanahoe and Hanahoe Solicitors on 045-897784 (Naas Office) or on  01-5255637 (Dublin office) or info@hanahoeandhanahoe.com, on LinkedIn or Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

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

 

Business Interruption Cover, Is Not Just For Pubs and Restaurants

Business Interruption Cover for the Retail Sector

Business Interruption Cover, Is Not Just For Pubs and Restaurants

The forced closures of businesses across the country, caused by the Covid 19 crisis, has brought the issue of Business Interruption Insurance into sharp focus. There has been extensive media coverage across many platforms on the topic and unfortunately it appears that it is an issue that will ultimately have to be decided by the Courts. However if you were not well versed on insurance or insurance law, you might be forgiven for thinking that only Publican and restaurateurs have business interruption cover. Publicans and restaurateurs have been very well served by their representative bodies (VFI,LVA and RAI) who have been very vocal on this issue across the country’s media. From the policies we have seen it is clear that many business owners in these industries may have a very good cause of action, should their insurers refuse to indemnify them for the losses they have incurred as a result of the closures.

Retail, Hair And Beauty, Fitness, Adventure Sports and The Leisure Activity Sectors May Be Covered Too.

However, publicans and restaurateurs are not the only industries that have valid business interruption policies. Such policies are common place in the retail, hair and beauty, fitness, adventure sport and leisure activity sectors. Many businesses may not realise that they have business interruption cover and could potentially be compensated for any losses of profit or operating expenses they have incurred. We would recommend all business owners to take up a copy of their insurance policy from their broker and consider it carefully. If you have any queries or any questions in relation to your cover you should immediately seek legal advice.

What Is Business Interruption Cover?

Business interruption cover is insurance that replaces the loss of profit and operating expenses (employees’ wages, loan repayments, rent, loss of stock etc.) in the event that the business has to stop operating for some reason. Business interruption cover often comes into effect when a business premises has been damaged due to a fire or a flood. However many policies contain reference to cover for losses arising from an outbreak of infectious diseases. Therefore, depending on the wording of your policy you could be covered for loses incurred by the Covid 19 closures. For a more detailed analyses of business interruption cover and the potential for business to bring a successful claim, please feel free to have a look at our webinar.

What should I do if I think I have a claim?

  1. Take up a copy of your policy from your broker.
  2. Contact us and we will arrange a video consultation, wherein we will go through your policy and advise you as to whether you have a state-able case.

What Options Are Open To Me If I Have a Valid Claim

  1. Mediation or arbitration. Most policies will have an arbitration clause. Therefore if you have a valid claim and your insurers are refusing cover, you will probably be obliged to go to arbitration, as opposed to issuing Court proceedings.
  2. You can also make a complaint to the Financial Services and Pensions Ombudsman. It is important to note that Ombudsman jurisdiction is limited to €500,000.00 and they are unable to make cost orders. Its also important to note that once an issue has been determined by the FSPO, an unsuccessful claimant/complainant cannot thereafter issue fresh court proceedings dealing with the same matter – see the principle of ‘issue estoppel’ as discussed in O’Hara v ACC Bank. The decision of the Ombudsman can be appealed to the High Court (as distinct from the issue of fresh proceedings) but the High Court on appeal will be slow to interfere with the Ombudsman’s decision unless the decision is “vitiated by a serious and significant error or a series of such errors”.
Award Winning Solicitors
Hanahoe and Hanahoe – Award Winning Litigation Solicitors

HANAHOE AND HANAHOE SOLICITORS – LITIGATION SPECIALIST

For further information on Business Interruption Cover or indeed any aspect of litigation or Commercial law, please do not hesitate to contact Hanahoe and Hanahoe Solicitors on 045-897784 (Naas Office) or on  01-5255637 (Dublin office) or info@hanahoeandhanahoe.com, on LinkedIn or Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

 

 

 

WEBINAR BUSINESS INTERRUPTION INSURANCE

Webinar on Business Interruption Insurance

BUSINESS INTERRUPTION INSURANCE WEBINAR

Luke Hanahoe, our managing partner and head of our litigation department, was delighted to host a webinar, in conjunction with Kildare Chamber of Commerce, on the incredibly topical issue of Business Interruption Insurance.  Luke was joined by David Lennon BL, who gave an excellent presentation to more than thirty businesses, operating primarily in the hospitality and retail sectors. Luke has been very vocal on this issue, having been interviewed on KFM and the Sunday Business Post.

AIM OF BUSINESS INTERRUPTION INSURANCE WEBINAR

The aim of the webinar was to consider whether business interruption insurance covered closures caused by the Covid 19 outbreak and if they do, how can you

(a) process a claim

and

(b) what can you do if your insurance company is refusing to indemnify you.

In order to answer these questions we looked at:

  1. The types of policies out there.

 

  1. Some of the reasons insurers appear to be relying on when rejecting cover.

 

  1. We analysed some of those reasons and gave our views as to whether they would hold up to scrutiny.

 

  1. We went through some of the Relevant Public Statements and Legal Principles.

 

  1. We went through the options available to Businesses.

 

LINK TO BUSINESS INTERRUPTION INSURANCE WEBINAR

Please note all parties consented to the webinar being shared

https://transcripts.gotomeeting.com/?utm_source=recordingReadyNotification&utm_medium=email#/s/6497779f1af82b4e45a937d0111e58254026f500b0ecf10043f6b04bc66ca69e

Award Winning Solicitors

HANAHOE AND HANAHOE SOLICITORS – COMMERCIAL LITIGATION SPECIALIST

For further information on Business Interruption Insurance or indeed any aspect of litigation or commercial law, please do not hesitate to contact Hanahoe and Hanahoe Solicitors on 045-897784 (Naas Office) or on  01-5255637 (Dublin office) or info@hanahoeandhanahoe.com, on LinkedIn or Facebook

For further information on the Kildare Chamber of Commerce and how it can assist your business, please do not hesitate to contact either Allan Shine, Jennifer Forster or Rachel Cooke in the Kildare Chamber office.

This article is merely for information purposes and is not and should not be taken as legal advice. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

County Kildare Chamber