Personal Injury and Compensation claims

Many people will be lucky enough to go through life having never experienced an accident on our roads. However, it is an unfortunate fact that each year thousands will.

Common injuries associated with accidents on our roads can vary greatly and may include such things as simple bruising, whiplash, broken bones, brain injuries, loss of limbs and, regrettably, even the loss of life.

If injuries have been suffered by you (or someone you are representing) due to being involved in an accident that was not your fault or was only partly your fault, then you may be entitled to claim compensation. In most cases you have up to two years to lodge a claim but in all cases you should take proper legal advice.

Where possible you should always try to get the following details at the scene of the accident: The other party's name, address, phone number, car registration and insurance details if they have any.

You should get all witness details and, if possible, sketch the area where the accident took place. Try to note any factors that led to the incident.

• Always report an accident to the Garda Síochána (in Ireland) or the relevant Police Force in other jurisdictions. Take note of the Garda's number and station if they have attended the accident scene.
• If you feel you need medical attention do so at the earliest possible time.
• Do not admit liability at the scene.
• Do not leave the accident scene without swapping details with the third party unless you have to for medical care.

All drivers are required to have insurance and in a case where they don't there are other avenues that can be pursued by your Solicitor In Ireland Lawyer.

In every case from the minor to the more serious there is a right to determine if you are eligible to receive recompense.

Under health and safety legislation your employer has a duty of care to provide you with a safe environment to work in, proper training for you and your colleagues, the provision of suitable machinery as well as supplying correct safety equipment and so on. If your employer has failed in any of their duties to do this they could be seen to be "negligent" and so legally responsible for your injuries. Even if an accident happens because of a fellow employee you may be able to make a claim against your employer (and / or the employee) if it can be shown that they were improperly trained or inadequately supervised.

You can make a compensation claim for the injuries you have received, your medical costs, any loss of earnings which may have occurred and other costs.

• It is important to report an accident to your employer or to somebody in authority as soon as it occurs.
• Do not sign anything put to you by your employer that indicates that you were in any way responsible for the accident as it is in their interest to get you to do so.
• You should also seek medical attention from a GP or hospital even if you are not intending to take a case at that time.

Some samples of typical accidents and causes

• Slips and trips – Materials left unattended
• Exposure to hazardous materials – Lack of proper safety equipment
• Attacks by customers or patients – Inadequate security or safety measures in place
• Manual Handling - Lifting, lowering, pushing, pulling, carrying, moving, holding or restraining an object, animal or person without proper precautions
• Work place traffic accident – Being struck by a vehicle or something that falls off a vehicle
• Use of machinery – Not appropriate for the job or serviced adequately
• Falls from a height – Scaffolding, stairs, ladders etc
• Electrical accidents – Lack of proper warning notices and inadequate training.

You should be aware that it is probably more costly for an employer to have one of their employees in an accident and therefore employers are usually very keen to put in place proper accident prevention measures. Where they are neglectful and don't do this they should have adequate insurance to cover any eventualities. Your employer should wish to ensure the well-being of any staff member who has been injured. They cannot dismiss you for taking an action without being potentially liable for a separate action for unfair dismissal. As a result victimisation is very rare.

If you feel that you should be compensated for the pain, time off work, lost wages, future problems resulting from injury etc please fill out the form.

Whether you have had an accident when on holiday, at home or abroad, and if the injury or illness occurred through no fault of your own you may be eligible for some form of compensation.

Samples of typical Holiday claims

• Slips and trips in hotel restaurants and foyers
• Swimming pool diving accidents
• Balcony fall accidents
• Skiing and Snowboarding accidents
• Road traffic accidents
• Accidents when on supervised excursions
• Burns and fatal accidents
• Food Poisoning
• Misrepresentation
• Others

Regardless of the type of redress you are seeking there are some simple steps that you should always take following any incident when on holiday

• Write everything that happened down.
• If you have photos of the area the claim relates to keep them safe and available.
• Keep details of others on your holiday in case you need to contact them for evidence.
• Keep all receipts and tickets.
• Keep credit card statements.
• Get each family or friends who were on holiday with you to detail their own view on the issue.

If you feel that your holiday was affected or ruined through misrepresentation, an accident, injury or illness that was no fault of your own fill out the form.

The owners and occupiers of buildings and other areas open to the public have a duty of care to ensure they are in a safe condition to prevent injuries to members of the public.

The same rules apply for accidents and injuries that occur on either publicly or privately owned areas. The list is endless but can include locations like footpaths, parks, libraries, national schools, private schools, council offices, crèches, public houses, swimming pools, banks, supermarkets, garages etc.

As long as you are not at fault and liability can be proved you should be entitled to claim for compensation.

Some samples of accidents in public places

• Slip on a wet floor.
• Trip on uneven paving.
• Having something fall on you.
• Chair collapsing when sat upon
• Being attacked by an animal.

It is important to note that you must accept that there is reasonable belief that you suffered from slipping or tripping and falling on someone else's property due to the negligence of the property owner.

For example

• The owner of the premises or an employee must have caused dangerous surface to exist
• The owner of the premises or an employee must have known about the dangerous surface and done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface and removed or repaired it.

If this can be accepted then there are a few things that you should do if you have an accident in a public place?

• Firstly and importantly you should report the accident to most senior employee available
• You or a witness should take notes of the accident.
• Record the names, addresses and contact information of any witnesses to the accident
• If possible, take photographs of the location of the accident, paying particular attention to the item or area which caused the accident.
• Maintain records of your costs and expenses related to the accident, and keep your receipts.

If you are injured in a public place and the reason was because of someone else's negligence then a successful claim for compensation damages maybe possible.