Do I have a Case? | Legal Questions Answered | All you Need to Know
Do I have 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’ due to my Accident
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’ of the other party
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.
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 014537890, email info@lawline.ie or tell us about your case >
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. Get Free Booklet
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No Win No Fee Explained
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. See solicitors Advertising regulations or contact us to clarify.
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Solicitors Advertising Regulations
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”.
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Legal Fees for my Injury Claim
By Irish Law, a solicitor must provide clients with information (particulars) in writing.
The solicitor will outline an estimate of his / her actual charges or where this is not possible or practicable, the basis on which the charges are to be made.
In addition to the professional fee, there will be items of outlay payable to third parties, including government agencies, which must be discharged by the client.
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Medical Negligence Claims
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 >
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Road Traffic Accident Claims
If you are the driver or passenger of a vehicle that has been involved in a road traffic accident the first thing that you should do is call the Gardaí. An abstract report from the Gardaí can prove to be invaluable where liability for the accident is at issue. Read more on Road Accident Claims >
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Work 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 >
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How to Know if you Have an Injury Case
You may have an Injury Case if you have;
- been involved in a car accident as a driver due to no fault of your own
- been a passenger in a car crash
- been injured in work using sub standard equipment
- been injured in a public place
- been injured in a sporting event
- been the victim of medical or dental negligence
- a child or minor child (under 18) in your care has suffered a personal injury