Personal Injuries

 Personal Injuries


With a reputation for practical solutions to difficult problems our Litigation Section has always known how to choose its battles. Our success record is accordingly over 95% based on our knowledge of the system and our ability to effectively screen our cases. 

With experience in *Personal Injury Litigation, Employment Appeals Tribunals, Government Tribunals such as the Planning Tribunal, The Child Abuse Commission and the Residential Institutions Redress Board, Judicial Review and other areas too numerous to mention we have worked successfully to achieve our client's desired result. 

Over the years we have developed a close relationship with expert witnesses in various medical, engineering and actuarial fields as well as with our barrister colleagues to provide a full spectrum of specialists to call upon. With the introduction of PIAB - the Personal Injuries Assessment Board we are now assisting clients in their application to the Board and beyond.
     
     
Injuries board applications
Since 2004 almost all types of personal injury applications must be processed to the personal injuries assessment board. Although the injuries board encourage people to make the application without using a lawyer, a large percentage of people still choose to instruct a solicitor to handle the matter on their behalf. This is so even though the board generally do not include the costs as a necessary expense and the client must pay their legal costs out of any award they receive. We provide full support for *personal injury applications, advice on the procedures and in particular on the assessment with a transparent and reasonable fee structure.

Most *accidents are covered by the board including road traffic, car accidents, trip and fall accidents and accidents at work but it should be noted that if the injury is mostly of a psychological nature such as trauma stress anxiety etc then the board will not generally assess such claims. There are also exclusions for medical negligence but you should not assume that your case does not need to be approved by the board and always get legal advice before taking any action. There are also strict time limits involved and you should make sure to contact your legal adviser as soon as you can. Apart from the statute of limitations which requires that claim to be made within two years update of the accident (this varies depending on the type of accident and you should always check with your legal adviser) there is also a requirement that a letter of claim to the person you're holding responsible for your injury within two months of the date of the accident or as soon as possible thereafter. If this letter is not sent it can affect the court's decision as to whether or not to give you costs even if you win your case later on.
     
     
Child injury cases
One of the exceptions to the general rule of thumb that legal costs are not awarded in the injuries board is child or infant cases. In such case the board will generally include a fee for making the application and advising on any settlement made. They will also generally include a direction that costs be awarded for the ruling of your child 's settlement. All child settlements must be approved by the court. The money is then paid into court and held there until your child reaches 18.

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