We have vast experience at helping clients receive compensation following injuries sustained in an accident that was not their fault.
If you have been involved in a road traffic accident, slip and fall or have been injured as a result of another’s act of negligence, we can advise you in relation to all aspects of your claims to include the following;
• WHAT TO DO AFTER AN ACCIDENT
• RECOVERING THE PROPER AMOUNT FOR DAMAGE CAUSED TO YOUR CAR
• OBTAINING YOUR DOCTORS REPORT
• MAKING YOUR APPLICATION TO THE INJURIES BOARD
• ADVISING YOU ON WHAT TO EXPECT DURING THE INJURY BOARD PROCESS
• ADVISING YOU ON THE INJURIES BOARD ASSESSMENT
• BRINGING YOUR CASE TO THE CIRCUIT COURT AND HIGH COURT
Your case could arise as a result of the following:
ROAD TRAFFIC ACCIDENT
If you were involved in an accident, within the last two years and suffered an injury you may be entitled to make a claim for compensation.
By law all drivers must have at a minimum third party insurance cover. Therefore if a driver causes an accident his/her insurers will be covering the accident and any injury to a third party i.e. pedestrians, cyclists, other drivers, passengers. If the other driver in an accident is uninsured or leaves the scene of an accident, your claim can still be taken and is likely to be covered by the Motor Insurers Bureau of Ireland which was established to specifically cover such road traffic accidents*.
What to do after a road traffic accident:
• Report the accident to the Gardai.
• Obtain garda name and station address
• Take a photo of the damage caused to the cars
• Take details from the other driver including name, address,
• Obtain the insurance details ,
• Obtain Vehicle registration number
• Take details from any witnesses
If you would like to find out whether you are entitled to make a personal injuries claim following a road traffic accident contact us for a consultation.
Slips and falls
If you have fallen, tripped or slipped as a result of a hazard or dangerous situation created by another and as a consequence have suffered an injury, you may be entitled to make a claim for compensation.
If you would like to find out whether you are entitled to make a personal injuries claim in relation to a trip and slip contact us for a consultation.
Medical Negligence
Being the subject of an injury or loss as a result of Medical Negligence is one of the most traumatic experiences that an individual can experience. Medical Negligence can lead to physical, emotional and personal trauma, as well as loss of earnings. O’Shaughnessy Bairéad Solicitors offer an expert service to victims of medical negligence with the aim of a case not only being compensation for the negligence suffered but also providing the victim with justice.
Examples of Medical Negligence may include:
• Failure to diagnose
• Misdiagnosis of a condition
• Unreasonable delay in treating a diagnosed condition
• Mistakes made during a procedure or operation
• Prescribing the wrong medication
• Failure to obtain consent for treatment or failure to warn about the risks of a particular treatment
• Neglect and injuries during childbirth
To succeed in a medical negligence case an injured party must establish all four elements of the tort of negligence for a successful medical negligence claim which are:
1. A duty of care was owed. An immediate duty is owed whenever a medical practitioner undertakes care or treatment of a patient.
2. That duty of care was breached. The medical practitioner must be shown to have failed to conform to the relevant standard care.
3. The breach of duty of care caused an injury to the plaintiff
4. Damages. Without damages there is no basis for a claim, regardless of whether the medical provider was negligent.
Once all four of the above are present a medical negligence case is established. There is a strict timeline for taking a negligence case. Pursuant to Section 7 of the Courts and Civil Liability Act, 2004, a Medical Negligence case must commence within two years from the date of knowledge of the medical misadventure event which is generally when the negligence occurred.
Many victims of medical negligence have delayed pursuing a claim or contacting their solicitors and therefore were unable to pursue valid claims because their claims have become statute barred.
Accidents at Work
If you have suffered an injury whilst at work created due to lack of training, unsafe place of work or unsafe system of work you may be entitled to make a claim for compensation.
If you would like to find out whether you are entitled to make a personal injuries claim in relation to a trip and slip contact us for a consultation.
Product Liability
If you have suffered an injury as a result of using or consuming a product that was unsafe or not fit for purpose, you may be entitled to make a claim for compensation.
If you would like to find out whether you are entitled to make a personal injuries claim in relation to a trip & slip contact us for a consultation.
Garda Compensation Scheme
The Garda Compensation Scheme was established for members of An Garda Siochana under the Garda Siochana (Compensation) Act 1941 and the Garda Siochana (Compensation) (Amendment) Act 1945.
Those eligible to apply for compensation under the Garda Acts are:
1. Members of An Garda Síochána who sustained personal injuries (not causing death) maliciously inflicted upon them in the performance of their duties or acting in their general capacity as a member when off duty or merely because of their being a member of An Garda Síochána.
2. Dependants of deceased members who were fatally injured while on duty or while acting in their general capacity as a member or merely because of their being a member of An Garda Síochána. Section 3(1) of the Garda Síochána (Compensation) Act 1941 states that the following dependants may be awarded compensation: the widow, children, step-children, parents, siblings, half brothers or sisters, grandparents of the deceased member or adopted children under the age of 21 years who were supported, maintained and educated wholly or partially by the deceased person.
