Personal injuries

I am not the type of person who brings a personal injury* claim.

Posted on by Luke Hanahoe

 

I recently met a lady who, throughout the course of our conversation, informed me that her husband had been very badly injured in an accident* at work. I asked her ‘Did he do anything about it?’ She informed me that he had not brought a personal injury action*, as he was not the type of ‘person who claims.’

The lady spoke about bringing a personal injury claim*, as if it was something akin to committing a criminal offence. While speaking to the lady, it occurred to me what a wonderful job insurance companies PR firms had done, in deterring ordinary decent people from obtaining legitimate compensation for injuries* they had sustained because of the negligence of a third party.

The insurance companies’ PR machine is so persuasive, that not only was this man not going to seek compensation, he was also prepared to pay for all the various expenses associated with his injury. This included an operation, which ironically enough, he had to pay for himself, as it was not covered by his health insurance.

Being involved in an accident*, especially one where you have suffered serious personal injury* can be a very traumatic experience. Not only do you have to deal with the associated pain of your injuries, but you also have to deal with the aftermath of an accident* which can be very frustrating, as your injuries can often restrict your general enjoyment of life. This is without even considering the financial consequences of being injured in an accident*. Many people are unable to work because of their injuries, resulting in serious loss of earnings, not to mention the associated medical expenses.

I do not, nor indeed do anyone at Hanahoe and Hanahoe, condone or act for people who attempt to bring false or fictitious claims. However, we see no reason why someone who suffers an injury in an accident*, which is not their fault, should be further penalised, because they are too ashamed to seek compensation. People need to remember that insurance is big business and all insurance companies are concerned about is their bottom line. Shaming people into not seeking appropriate compensation for their injuries increase that bottom line, but it does so at a significant cost to the injured party.

 

For further information in relation to accidents* or indeed any aspect of personal injury law*, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury* law, you should you should contact us. 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.

 

 

 

Is there anything I can do if I have been involved in an accident* while on holiday abroad?

Posted on by Luke Hanahoe

 

Although you might not believe it from looking out the window, but we are well and truly in summer holiday season. As we can never rely on the Irish weather and as the Irish economy thankfully continues to grow, many people have planned to holiday abroad. Unfortunately, every year a portion of people’s holidays are ruined, when they are injured in accidents* while they are abroad. So do these people have any recourse in the Irish courts?

This depends on how the accident occurred and more particularly how your holiday was booked. Under the Package Holiday and Travel Trade Act 1995, if you suffered personal injuries in an accident whilst abroad, on an organised package holiday, you can successfully bring a claim against the company or the tour operator who organised the holiday. This is obviously dependant on you showing that the accident was caused by the negligence of a third party that was or should have been under the control of the Tour operator.

Tour operators have a duty care to their customers, and are liable to compensate you for any damage caused by their failure to perform the contract or by the improper performance of the contract they have with you. This duty of care extends to third parties engaged by the tour operator, such as the hotel or the transport providers. As such, they are obliged to provide you with safe and hygienic accommodation and transport.

Therefore, if you are injured because you are caused to slip and fall at the poolside because it is excessively wet and not monitored appropriately or you are injured by a hazard in the hotel or you get food poisoning due to the unhygienic preparation of the food at the hotel, you may be able to bring a personal injury action* against the tour operator, through the Irish Courts.

If you are unfortunate enough to be in such an accident*, you should immediately report it to both the hotel manager and your tour operator. However, you should never discuss the issue of compensation until you have sought the advice of a solicitor who specialises in personal injury law*.

For further information in relation to accidents or indeed any aspect of personal injury law*, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury* law, you should consult with a solicitor who specialises in       personal injury law*. 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.

 

 

 

 

The Creighton Case shows that the State can be liable for Personal Injuries caused to one inmate by another.

Posted on by Luke Hanahoe

The Creighton Case shows that the State can be liable for Personal Injuries caused to one inmate by another.

In June 2013, Mr Creighton was awarded €150,000 by the High Court in his action against the State for personal injuries he sustained in an unprovoked attack by a fellow inmate. This was heralded as a land mark decision, as it was the first time in Ireland that a plaintiff had been successful in a personal injuries claim against the State for injuries caused by another prisoner.

However despite the publicity the case received, it did not change personal injuries law in Ireland, nor did it change the duty of care that the State owes prisoners in its care. Although this is the first time such a case has been successfully taken against the State, the State have always had a duty of care to take all reasonable precautions to ensure that prisoners are not exposed to the risk of injury.

What was perhaps most notable about this case is that for the first time a prison expert gave evidence on behalf of the plaintiff. This evidence was vital to the plaintiffs claim being successful.

If you have any queries regarding personal injuries or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare.

Tel: 045 897784     086 6013611 (24 hours)

Email: info@hanahoeandhanahoe.com

Website www.hanahoe-solicitors-naas.ie

 

 

Am I entitled to bring a Personal Injuries* Claim if I was not wearing a seatbelt?

Posted on by Luke Hanahoe

If you have been unfortunate enough to be involved in a road traffic accident, where you have suffered injuries* you may wish to bring a personal injuries* claim to compensate you. There are three key components to any successful claim. Firstly, the accident most result in personal injuries*. Secondly, the accident most be caused as a result of negligence and thirdly, the issue of liability.

Liability is often very clear- cut, such as if you are rear-ended while stopped at traffic lights. In such circumstances, the third party has to be liable. In the ordinary course, the negligent third party will be liable to compensation you fully for all personal injuries*, loss, damage and expense arising out of the accident. However, there are certain exceptions, the most obvious one being where you were not wearing a seatbelt.

You are legally obliged to wear your seatbelt when travelling in a car. If you are in a road traffic accident* where you are not wearing a seatbelt, it is very likely that the personal injuries* you suffer, will be far greater than they would have been, had you being wearing your seatbelt. It is therefore extremely likely that a judge will determine that you were negligent in failing to wear a seatbelt and therefore you contributed to your injuries.

Although you should be compensated for your personal injuries* as the accident was not your fault, the level of compensation may well be reduced. The amount of this reduction will depend on the medical evidence produce at the hearing. There is case law to guide a judge on the level of reduction he/she should attribute to your failure to wear a seatbelt. According to the case law, if, had you been wearing your seatbelt, you would have had no injuries at all from your accident,  then there should be a 25% deduction in compensation. If, you would have suffered from injuries, but they would not have been as severe, then there should be a 10% deduction. In the event that your seatbelt would not have made a difference to your injuries, there may be no deduction at all.

For further information on road traffic accidents* or indeed any aspect of law personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal Injury* law, you should consult with a solicitor who specialises in personal injuries.* No solicitor/client relationship or duty of care or liability of any nature exists between you and 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.

 

5 things you should do if you have been in an accident in a public place and have sustained personal injuries.*

Posted on by Luke Hanahoe

Being involved in an accident, especially one where you have sustained personal injuries*, can be very stressful. If that accident happened in a public place, some people can also find it very embarrassing. A combination of both stress and embarrassment may lead the injured party to act in a way that very often compromises a personal injury* action they may wish to take. If you have been in such an accident and you have sustained personal injuries* you should do the following:

 

  1. Provided that your  injuries* do not prevent you from doing so, you should immediately report the accident to management or the relevant authorities.
  2. Again provided that your injuries* do not prevent you from doing so, you should photograph the area where the accident occurred. You should particularly photograph any obstructions that caused the accident, such as a broken tile or any spillages. These photos should then be developed and dated.
  3. Again if your injuries allow, you should take a note and contact details of any witnesses to the accident.
  4. Regardless of whether you believe your injuries are significant or not, you should consult your medical practitioner.
  5. If you have sustained injuries* in the accident and you want advice, you should consult with a solicitor who specialises in personal injury* law.

 

 

For further information in relation to accidents in public places or indeed any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury* law, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and 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.

6 Things you should do if you are in a road traffic accident where you have sustained personal injuries*

Posted on by Luke Hanahoe

Being involved in a road traffic accident, particularly one where you sustained personal injuries* can be incredibly stressful. Very often you can be in a state of shock and naturally your sole concern is ensuring that you and the other parties are not badly injured. However to protect your interests, particularly were you have sustained injuries* you should do the following:

  1. If you or any other third party has suffered serious injuries*, you should immediately call for an ambulance.
  2. Provided you have not suffered serious injuries* and you are in a position to do so, you should immediately contact the Gardaí and inform them of the accident.
  3. Again, provided that you have not suffered serious injuries* and you are in a position to do so, you should take full details of the other party’s involved in the motor traffic accident, including their contact and insurance details.
  4. You should immediately inform your insurance company that you have been involved in a Road Traffic Accident*.
  5. Regardless of whether you believe you are badly injured or not, you should attend your medical practitioner so you can be checked out.
  6. If you have sustained personal injuries* in the accident and you want advice, you should consult with a solicitor who specialises in personal injury law.

For further information in relation to a road traffic accident* or indeed any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury law*, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and 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.