Accidents at Work
Griffin Solicitors provide quality compensation service for clients who have been injured as a result of accidents at work.
Employers have a legal duty of care towards their employees to provide a safe place of work and to provide a safe system of work, including adequate and appropriate training. Legally you are entitled to bring an action for compensation without losing your job. If you have an accident at work, you must report the accident to your supervisor and receive medical attention, if necessary. You should also keep a copy of the accident report form. You are obliged to tell your employer within 1 month if you intend to make a claim.
Please see our YouTube videos in relation to accidents at work and how to claim: Griffin Solicitors | Accidents at Work
Road Traffic Accidents
We provide an excellent compensation service for clients involved in Road Traffic Accidents. Please see our YouTube videos to find out more: Griffin Solicitors | Road Traffic Accidents
Clients ask us what to do if they are involved in a road traffic accident. It is important to:
- Take photos of the scene of the accident.
- Obtain the other person’s insurance and registration details.
- Go to a doctor as soon as possible.
You are now obliged to inform the other party within one month of the date of the accident if you intend to make a claim. Contact Griffin Solicitors for advice.
Do not ever admit liability for the accident.
Motor Accident with No Insurance/ Untraced Driver
Griffin Solicitors will help you with your Road Traffic Accident claim where the other party has no insurance or is an untraced driver. The Motor Insurers Bureau of Ireland (MIBI) deals with road traffic accidents involving a motor vehicle where:
- There is no insurance
- The driver is not traced
- The driver has a foreign registration
The MIBI must be placed on notice of a claim in writing and certain pre-conditions must be satisfied before they will deal with a claim.
There is an onus on the client to cooperate with the representatives of the MIBI.
Fatal injuries
A fatal injury is where the death of a person is caused by the wrongful act of another person. The statutory dependants of the deceased can sue for damages.
The Statutory Dependants are strictly defined under the Civil Liabilities Act 1961 as follows:
Spouse, child, parent, step-parent, grandparent, grandchild, sibling, half-sibling, adopted child, person in loco parentis, co-habitee who they can prove they have been living together as husband and wife for a continuous period of more than three years, a former spouse – only if they can prove financial loss.
There are three heads of damages as follows:
- Mental distress: The mental distress figure is capped by statute at €35,000 and is the maximum allowable for the suffering and distress caused to the dependants. The €35,000 is shared out amongst all of the statutory dependants. In practise it is common for some dependants to waive their rights.
- Special damages: These include funeral expenses including the cost of burial and cremation and the cost of a tombstone. Other expenses include travelling expenses incurred by the dependent travelling to the funeral, cost of the acknowledgement cards, a wake, mourning clothes and legal representation at the inquest relating to the death.
- Pecuniary Loss: This is a loss of monetary benefit which each dependent could have reasonably expected to have received had the deceased not died as a result of the defendant’s wrongful act. It is the main heading for claiming damages.
The Time limit for a fatal injury is two years from the date of the death. Please see our YouTube video for more details https://www.griffinsolicitors.ie/personal-injury?post=road-traffic-accidents.
Child Personal Injury Accidents
All injuries for a client under the age of 18 years are child or infant personal injury claims. Common child personal injury claims are as follows:
- Children injured as passengers in motor vehicles
- Children’s toy injuries
- Accident at school, crèche or day care
- Playground accident
- Pedestrian Accidents
The unique feature for personal injury claims is the claim must be taken by the next friend of the child. This is normally a parent but could be a guardian or a family friend. The time limit for bringing a claim is 2 years from when the child reaches 18 years of age. Any claim settlement must be approved by a court. The Judge will normally ask the parents if they are happy with the settlement. It is the Judge’s decision alone as to whether the settlement is approved or not. Griffin Solicitors will help the court by providing information in order to approve the settlement. The approved compensation will always be invested by the court until the child is 18. Once the child becomes 18 the money is paid out upon application using using the follow form.
Psychological Injury Claim
We at Griffin Solicitors understand that psychological injuries may occur without actual physical injuries. Psychological injuries can occur after extremely stressful or traumatic situation.
The clearest example of the psychological injury is Post Traumatic Stress Disorder (PTSD).
PTSD often occurs to shop workers after they have been involved in a robbery, particularly where they are placed under extreme stress or fear for their safety. Griffin Solicitors will help you with your compensation claim. Please see link to the case study below.
The Symptoms of Post Traumatic Stress Disorder are as follows:
- Sleeping difficulties
- Flash backs
- Outburst of emotion
- Irritability and nervousness
- Sweating
- Nausea
- Increase in heart rate when reminded of the situation
These symptoms can persist for over a year after the actual event and need to be certified by a psychiatrist who can properly diagnose PTSD though sometimes General Practitioners will make an initial diagnosis. Griffin Solicitors can advise you as to the correct way of making a claim for Post Traumatic Stress Disorder. Please see our YouTube videos: Griffin Solicitors | Psychological Injury Claim
Slip and Fall Claims
If you suffer an injury in a public area, such as tripping on a broken footpath, or in a hotel or shopping centre, you can claim against the owner of the area or the Local Authority.
If you have been involved in an accident then you should immediately:
- Photograph the scene of the accident
- Obtain contact details of any witnesses
- Seek medical attention
- Obtain legal advice
Tell the Local Authority or owner of the area that you are going to claim within one month from the date of the accident. If you are not within 1 month, then Griffin Solicitors will advise you.
The Local Authorities are public bodies and the rules are slightly different. It is necessary to prove not only that the footpath was in disrepair (nonfeasance), but also that the Local Authority carried out the remedial works but did not do so properly (misfeasance). You do not need to prove misfeasance in slip and fall cases if the accident is as a result of paving slabs being uprooted by nearby tree roots and the relevant path or pavement has been taken in charge by the Local Authority. Griffin Solicitors can advise you if your accident circumstances are sufficient to make a claim.
Accidents Abroad
If you suffer an injury while holidaying abroad you can claim against the company who organised your holiday under the Package Holiday and Travel Trade Act 1995.
To come within the Act your holiday must be a “package holiday”. To qualify as a package holiday, two of the following three must have been provided by the travel agent:
- Transfer
- Accommodation
- Other tourist services (not ancillary to transfer or accommodation) accounting for a significant portion of the package.
Griffin Solicitors will advise you fully in relation to whether there was negligence based on the local rules in relation to safety.
If you have an accident on holiday you should:
- Take photographs of the scene of the accident (really important)
- Obtain witness details
- Report the accident to your holiday representative as soon as possible
- Seek medical attention
- Keep copies of the holiday booking form
Obtain legal advice as soon as you return home.