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If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may haveFill out our call back form, Locall 1850 20 40 60,  Tel: 01 453 7890 or email info@lawline.ie

 

Have I a Personal Injury Case?

No doubt this is the first question you’ve been asking yourself since the accident or incident. While you may have heard numerous stories and anecdotes, the only way of truly knowing if you have a case is to get in touch with an experienced personal injury lawyer. At Synnott Lawline Solicitors, it’s our job to tell you clearly and honestly if you have a case and whether or not it is something worth pursuing.

‘Loss’ or ‘Injury’

If, as a result of the negligent act or omission of another party, you suffer injury loss or damage, you may have an injury case against that party, or more usually their insurers. It can be hard to determine yourself what constitutes ‘loss’ or ‘injury’ and these are terms that we will both explain to you and discuss with you in full. At this preliminary meeting we will start to see a clear picture emerging. In many cases, it’s clear from the first day that someone has suffered as described earlier and that they will succeed in their injury case. The obvious example is a car accident injury claim. In other cases, the courts could apportion liability. In other words, they rule in favour of the plaintiff but they may make a deduction from the overall award based on ‘contributory negligence’. This means that even though someone may have been ‘wronged’, they may have contributed slightly to the situation by behaving in a negligent manner.

‘Responsibility’ and ‘Carelessness’

For example, you may have had an accident at work, out shopping, road traffic accident or in any daily situation where the actions of another party had a detrimental effect on some aspect of your life, whether at the time or at a later date. Many people we speak to feel that they were at fault initially and delayed in bringing their claim or indeed never brought their claim to light. It can be hard to establish for yourself the complex legal boundaries of ‘responsibility’ and ‘carelessness’.

At Synnott Lawline, our approach is simple, we establish as soon as possible where you stand and whether or not we can help you. Before accepting your instructions, we will have discussed your case with you and will have advised you of the strengths and weaknesses (if any) of your case. If you’re reading this and still thinking to yourself ‘perhaps I do have a case after all’, just get in touch and we’ll clear up your situation.

It is important to note that many valid claims are never brought because an injured party feels the accident was his own fault, whereas the primary cause of the accident may well rest with some other party, and the injured party’s own carelessness may only have been a contributing factor. In such cases the courts may apportion liability. It is therefore always advisable to consult with your solicitor.

Solicitors are prevented by law from publishing on the Internet and elsewhere that they do in fact take cases on a no win no fee basis.

The regulations forbid the inclusion of any words or phrases which suggest that legal services relating to a compensation claim will be provided on a no win no fee basis as such prohibition is in line with the statutory ban on advertisements which encourage or induce claims for damages for personal injuries. It should be noted that there is no prohibition on solicitors in Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis, and indeed many solicitors’ firms operate on a no foal, no fee basis. The restriction on solicitors is merely on the content of their advertisements.

The general right of solicitors to advertise is severely curtailed when it comes to advertising for personal injuries claims. The Solicitors (Advertising) Regulations, 2002 (S.I. No. 518 of 2002) introduced a ban on advertisements which refer to claims or possible claims for damages for personal injuries, the outcome of such claims or the provision of services by solicitors in conjunction with such claims. The regulations prohibit advertisements which “solicit, encourage or offer any inducement” to make such claims. The regulations specify that the advertisement may include, amongst other things, “factual information on the legal services and areas of law to which the services relate”. The regulations specify that the words “personal injuries” may be included in such factual information in a “list of services”.

The law requires a solicitor to provide clients with information (particulars) in writing, when the solicitor is instructed, or as soon as is practicable after that, of:

  • The solicitor’s actual charges, or, where this is not possible or practicable
  • An estimate of the solicitor’s charges, or, where this is not possible or practicable
  • The basis on which the solicitor’s charges are to be made.

These are also the factors which are taken into account in the assessment of a solicitor’s bill.

In addition to the professional fee and miscellaneous charges payable to the solicitor, there will be items of outlay payable to third parties, including government agencies, which must be discharged by you. By law, we (the solicitor) must provide you (our client) with information about case procedures (particulars) in writing.

7 Steps – What to do if involved in an accident

  1. Look – what caused your accident?
  2. Act – make sure to immediately report your accident to a person in authority
  3. Witnesses – make sure to take the names and addresses of anybody at the scene
  4. Lawyers – contact Lawline for advise without delay
  5. Injured – make sure to attend your doctor or local hospital as soon as possible
  6. Never – never admit liability
  7. Enquire – now for a copy of our brochure or email us for an instant call back

Different Courts
In Circuit Court cases, your case will be presented in Court by your Barrister. In High Court cases, you will be represented by a Senior Counsel as well as a Barrister (Junior Counsel). A pre-Trial Consultation takes place with your Counsel either on the day of the Trial or within a day or two previously. When arriving for your case, it is important that you dress in a manner which shows proper respect for the Court.

Your Barrister
Your Barrister will lead you through your evidence, and you should ensure that you answer all questions to the best of your ability. Try to avoid giving hasty or confused replies. If you are not sure of the answer to any question, you should say so. After the examination by your own Barrister, the Defendant’s Barrister will cross-examine, in an attempt to illicit details from you which may be favorable to the Defendant’s case. The Judge may also have some questions.

Giving evidence in court
After completion of your evidence, the evidence of any other witnesses is taken in the same way. In regard to medical evidence, medical practitioners may be in attendance in Court but more usually, their evidence is admitted in the form of medical reports handed into the Judge.

Witnesses
When all the witnesses have been heard, and Counsel has made any relevant points to the Court, the Judge usually makes his/her decision there and then, or s/he may adjourn for a short time for consideration or, on occasions, postpone his/her judgement to another day. The judge delivers a decision on liability, and if deciding in favour of the Plaintiff, will make an award of damages as compensation. If you have any questions on going to court, contact our legal team today on Freefone 1800 20 40 60 or email us with your query

Every personal injury case is different and before we make a recommendation we will discuss your case with you in detail. In many cases, it will be clear from the outset that your injury case will succeed. If however we believe you have no case we will tell you immediately. It will not be in your interest to pursue a case that stands little chance of success.

Many thousands of people are injured every year in various types of accidents; at work, at school, public places, at home, road accidents and more. If you are suffering from an injury physical or physiological due to an accident caused by another party, you are more than likely entitled to pursue an injury claim. Contact us on locall 1850 20 40 60 or tell us about your case >
Synnott Lawline is a personal injury firm that specialises in medical malpractice (medical negligence). Our team of, experienced legal experts offer customers the support they need to pursue your claim. Every medical negligence claim is different so our team takes time to get to know you, to understand the effects of the injuries you have suffered and to support you every step of the way. We’ve helped many people, secure a successful injury case for medical negligence. Read more on Medical Negligence >
If you are the driver of a vehicle that has been involved in a road traffic accident the first thing that you should do is call the Gardai. An abstract report from the Gardai can prove to be invaluable where liability for the accident is at issue. Read more on Road Accident Claims >
If you have had an accident at work and it wasn’t your fault, you could be entitled to make a claim for your injuries sustained. You may be entitled to pursue this claim if your injury occurred in an office environment, on a building site, restaurant, shop, warehouse, factory or driving for an employer. Read more on Work Accident Claims >

You may have an injury case if;

You may have an injury case if;

  • you’ve been involved in a car accident as a driver due to no fault of your own
  • you’ve been a passenger in a car crash
  • you’ve been injured in work using sub standard equipment
  • you’ve been injured in a public place
  • you’ve been injured in a sporting event
  • you’ve been the victim of medical or dental negligence
  • if your child (under 18) has suffered a personal injury

What our Clients say…

David,
I acknowledge receipt of your letter… May I say that I have been completely satisfied in every aspect with the service provided by your company, and with the efforts of Sandra in particular. I am pleased that I have retained your company to manage matters for me, and I am very satisfied with the outcome
Kind Regards. AL
AL

Injury Claims Guide

Injury Claims Guide

This booklet has been produced by Synnott Lawline Solicitors to give our clients an understanding of the personal injury claims process. In some of our correspondence during the course of your claim, we will make reference to the relevant sections of this guide by way of explanation of the particular aspect of your claim.

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