CAN I CLAIM PERSONAL INJURY? - Solicitors | Dublin · CAN I CLAIM PERSONAL INJURY? Personal injury...

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www.mckennaandcosolicitors.com What type of Personal Injury can I claim compensation for? At McKenna & Co Solicitors we deal with three categories of Personal Injury: Road Traffic Accidents (Car Accidents) Injury at Work Injury in a Public Place If you have been involved in a CAR ACCIDENT the steps you should take are: 1. Report the Incident to the Gardai 2. Obtain the driver’s name, address and Insurance number 3. Take Photos on your phone of the damage to both your car and the other parties car 4. Take Photos on your phone of any damage to you i.e cuts or scars 5. Take down the name, address and telephone number of any witness to the incident Keep a written record of all your expenses out of pocket 6. Attend the hospital if requested to do so by the Gardai and if not ask your GP for an assessment 7. Do not use social media to inform others of your claim If you have been involved in an INJURY AT WORK the steps you should take are as follows: 1. Report the incident to your employer. It is important to notify your employer immediately after the incident, inform them of the cause of the accident and injuries sustained 2. Take photos on your phone of were the incident occurred 3. Take photos of your Injuries 4. Attend your local doctor to assess your injuries 5. Take down the name, address and telephone number of any witness to the incident 6. Do not use social media to inform others of your claim If you have been involved in an INJURY IN A PUBLIC PLACE the steps you should take are as follows: 1. Report the incident to the local authority/government body in the area. If you are unsure of who this body is, please contact us and we will assist you. These accidents are usually caused by something simple like a cracked pavement or a wet floor 2. Take photos on your phone of were the incident occurred 3. Take photos on the phone of your Injuries. Injuries from slips and trips can include back pain, sprained ankles, head Open late evenings and Saturdays by appointment CAN I CLAIM PERSONAL INJURY? Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. If you are unsure if your injury falls within this definition, McKenna & Co Solicitors will provide a free initial consultation on the assessment of your potential claim. 085 2836967 - [email protected]

Transcript of CAN I CLAIM PERSONAL INJURY? - Solicitors | Dublin · CAN I CLAIM PERSONAL INJURY? Personal injury...

Page 1: CAN I CLAIM PERSONAL INJURY? - Solicitors | Dublin · CAN I CLAIM PERSONAL INJURY? Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury

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What type of Personal Injury can I claim compensation for?

At McKenna & Co Solicitors we deal with three categories of Personal Injury:

• RoadTrafficAccidents(CarAccidents)• Injury at Work • Injury in a Public Place If you have been involved in a CAR ACCIDENT the steps you should take are:

1. Report the Incident to the Gardai 2. Obtainthedriver’sname,addressandInsurancenumber3. Take Photos on your phone of the damage to both your car

and the other parties car 4. Take Photos on your phone of any damage to you i.e cuts or

scars 5. Takedownthename,addressandtelephonenumberof

any witness to the incident Keep a written record of all your expenses out of pocket

6. AttendthehospitalifrequestedtodosobytheGardaiandifnot ask your GP for an assessment

7. Do not use social media to inform others of your claim

If you have been involved in an INJURY AT WORK the steps you should take are as follows:

1. Report the incident to your employer. It is important to notify youremployerimmediatelyaftertheincident,informthemofthe cause of the accident and injuries sustained

2. Take photos on your phone of were the incident occurred 3. Take photos of your Injuries4. Attendyourlocaldoctortoassessyourinjuries5. Takedownthename,addressandtelephonenumberofany

witness to the incident6. Do not use social media to inform others of your claim

If you have been involved in an INJURY IN A PUBLIC PLACE the steps you should take are as follows:

1. Report the incident to the local authority/government body in thearea.Ifyouareunsureofwhothisbodyis,pleasecontactus and we will assist you. These accidents are usually caused bysomethingsimplelikeacrackedpavementorawetfloor

2. Take photos on your phone of were the incident occurred 3. Take photos on the phone of your Injuries. Injuries from

slipsandtripscanincludebackpain,sprainedankles,head

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evenin

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Saturdays by a

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CAN I CLAIM PERSONAL INJURY?Personalinjuryisalegaltermforaninjurytothebody,mindoremotions,asopposedtoaninjurytoproperty.Ifyouareunsureifyourinjuryfallswithinthisdefinition,McKenna&CoSolicitorswillprovide a free initial consultation on the assessment of your potential claim.

085 2836967 - [email protected]

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injuries,concussion,kneeinjuriesandmanyotherinjuries4. AskyourGPtoassessyourinjuries5. Takedownthename,addressandtelephonenumberofany

witness to the incident6. Do not use social media to inform others of your claim

What are the steps in the claim process with the Personal InjuriesAssessmentBoard(PIAB):1. We assess your claim and advise you on the likelihood of

success and or compensation 2. Wewritetothedefendant’ssolicitoraskingthemtoadmit

liability for the Injury and to compensate you in full 3. Ifwedonotgetaresponsetothisletter,wethensubmitan

applicationtothePersonalInjuriesAssessmentBoard(PIAB)alongwithyourmedicalreportandachequepaymentof€45.ThePIABwillthenmakeaformalassessmentofyourclaim.Iftheotherpartyagreetotheassessmentoftheclaim(theyhave90daystoconsent)thenPIABhaveupto9monthstomakeanassessment.PIABisIreland’sindependentStatebody which assesses personal injuries compensation claims

4. WeawaittheresponseofPIAB

If PIAB decides they can deal with the case and liability is not an issue, they can award a sum of money to compensate you in respect of your financial loss and damage together with com-pensation for your injuries. If both sides accept the assessment, PIAB will issue an Order to Pay and the respondent/insurer is required to pay the amount of the assessment to you to finalize the claim.

If you are not happy with the award of compensation offered by PIAB you can appeal the case to the Circuit Court or High Court, depending on the level of your injuries and PIAB will give you the authorization to proceed to Court.

WhatarethestepsiftheclaimhastogotoCourt:1. We will write to the medical attendants who treated you and

take up a medical report 2. Wewillrequiredetailsofanypreviousclaimsthatyouhave

been involved in 3. Abarristerwillbeappointedtoactincourtforyouandwe

will draft the proceedings 4. Theproceedingswillbeknownas“CivilBill”andyouwillbe

described as the Plaintiff. The guilty party will be described as the Defendant.

5. Theproceedingswillhavetwoseparateclaims,oneforGeneral Damages. This is basically a claim for compensation against the defendant to compensate you in respect of your injuries,bothpast,present,andfuture.Theamountyouareawarded under general damages depends on your medical reportandyourownevidenceandtheotherforSpecialDamages,thisisbasicallyallyourexpensesthatyouareoutof pocket because of the incident.

6. The timeline for completion of the claim through the courts is unknown as it all depends on how the other party to the proceedingswishtodefendtheclaimandduringtheclaim,the other party to the proceedings may decide to make a settlement offer.

085 2836967 - [email protected]

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Importanttipsforyourclaim:It is important that you are honest at all times and do not exaggerate your Injuries as this could result in you losing your claim and/or being liable for costs of the guilty party. Do not use any social media in any way to publish details of your claim or to show any form of activity of your day to day life.

• Ensure you take details of any witnesses to the Incident (name,address,andnumber)

• Take photos immediately of both the location of the accident and the Injuries

• Visit your local doctor or hospital immediately after the Incident

• Reporttheincidenttotheappropriateperson(i.eGarda,localauthorityorEmployer)

• AskyourSolicitorimmediatelyforadvice

WhychooseMcKenna&CoSolicitors?At McKenna & Co Solicitors our aim is secure the most attracta-ble offer and or settlement for you at all times.

We appreciate the personal effects an injury can have on both you and your family, and therefore, our role is to step in from the outset, take control of your claim and alleviate any unnecessary stress.

If you suffer from an injury through no fault of your own, ei-ther by way of a fall in a public place, a personal injury due to a third party, road traffic accident, an accident at work or any other injury, please contact us for a consultation. We offer an initial free assessment of your claim.

At McKenna & Co Solicitors we are as interested in your claim as you are, please read some of our client reviews:

“I think I was particularly fortunate to stumble upon someone as dedicated and talented as you are.”

“Lisa McKenna was a great help to me on several occasions.

She could not have been more professional, compassionate and attentive to the issues I faced. Furthermore, when it came to

occasions I needed legal advice and expertise on other matters she was willing to listen and address my problems to enable me to come to a satisfactory resolution. I couldn’t recommend Lisa McKenna highly enough, she is an expert at what she does and

how she operates.”

“Lisa, thank you for all your hard work and dedication towards my case.”

“Lisa McKenna was very approachable and easy to deal with. She treated us like we were her only client. She was very fast

and efficient.”

“Thank you, Lisa, for all your help with our recent prop-erty transaction. You were super to work with, professional, prompt and excellent for all your advice and assistance. We

could not have asked for a better service.”

“One word to describe Lisa: Amazing”

Contact: Lisa McKenna , Principal of McKenna & Co Solicitors

085 2836967 - [email protected]