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Personal Injury Claims

Personal Injury claims involves any type of injury sustained either physical or psychological. If you are suffering from an injury, physical or physiological due to an accident caused by another party, you may be entitled to claim damages, which can include loss of earnings, medical bills and expenses.

At McGinley Solicitors we specialise in all areas of personal injury claims. Contact us today and we can answer any questions you may have regarding your injuries or the claims process.

LoCall: 1890 998 969

Email: Info@injurylawyers.ie

Personal Injury claims involves any type of injury sustained either physical or psychological. If you are suffering from an injury, physical or physiological due to an accident caused by another party, you may be entitled to claim damages, which can include loss of earnings, medical bills and expenses.

Slip, Trip and Fall

Public places refers to not only pubic locations such as parks, footpaths, bus stations, libraries or schools etc but also privately owned locations which are open to the public (Pubs, nightclubs, gyms, shops or cinema etc)

What is important to note is that in a public place there is a duty of care on the persons responsible for this area to ensure that a personal injury does not occur.

Most owners of these locations will have liability insurance to cover claims payouts to those who bring a personal injury claims against them.

Road Traffic Accidents

Being involved in a car accident, as a driver, passenger or pedestrian can be a traumatic experience, regardless of how serious the car crash was. If the accident was not your fault and was caused by the fault of another person or party, you may be entitled to claim for:

  • damage to your car,
  • any personal injuries sustained,
  • any additional expenses incurred as a result of the car accident

At McGinley Solicitors we deal with :

– Any claim regarding a road traffic accident whether you have suffered whiplash or a more serious injury.

– All types of claims regarding road accidents involving car, van, lorry, public transport, cyclists or motorcyclists.

– Claims for drivers and or passengers injured in road traffic accidents.

An injury to a child can be an extremly alarming experience for the child, parents and family members. We at McGinley Solicitors understand and appreciate this and will be able advise you in clear terms if there is a reasonable prospect of making a successful claim for your child.

Please find below some information clarifying the position regarding minors and their rights regarding personal injury claims.

Who Makes the Claim?

If the child has suffered the injury under the age of 18, they are classed as minors. This means they are not yet old enough to engage a claim themselves so instead a parent or guardian will claim on behalf of the injured child.

What is the time limit for child claims?

Following an accident involving children, it is important to remember that there is a certain timeframe in place within which you can bring a claim. This time frame is called the statute of limitations and for children, the statute of limitations 2-year time limit does not start until they turn 18. However, a parent or guardian can bring a claim forward as soon as the accident happens.

What happens the injury claim?

Generally the claim monies awarded to the child will be invested in a court approved fund until they reach the age of 18. But if the child requires urgent care or medical attention, the judge can decide that a portion of the child’s claim money can be released for the child’s benefit.

A person is entitled to make a personal injury claim regardless of whether they have actually suffered a physical injury or not, this is what we call a psychological injury claim. These types of personal injuries can be life-altering. To prove a psychological injury you must be able to show that you suffered a quantifiable psychological injury as a result of someone else’s negligence or failure while in their duty of care.

To be eligible to claim for Post traumatic Stress (PTSD) you need to have records indicating you have suffered a physical injury that resulted in emotional pain and suffering. PTSD is difficult to define and becomes apparent in different forms, but below is a list of some of the more common symptoms.

Symptoms of PTSD include:

  • Flashbacks
  • A sense of alienation or disassociation from events and other individuals
  • Irritability or nervousness
  • Outbursts of anger
  • Sleeping difficulties, and;
  • Physical reactions that occur when you are reminded of the situation that occurred, such as sweating, nausea, or an increase in heart rate.

McGinley Solicitors have a significant experience advising clients regarding PTSD claims, contact us today to discuss your case.

You may be able make a claim for personal compensation if you have been involved in a road traffic accident and the other driver failed to leave their contact details at the scene.

In the case where the party responsible cannot be traced or does not have insurance then the personal compensation claim is made against the Motor Insurers’ Bureau of Ireland (MIB) which is funded by motor insurance companies in Ireland.

This body was formed in order to protect victims of hit and run road accidents and also against drivers with faulty or in some cases no insurance. In Ireland a proportion of every motor insurance policy incorporates a payment which contributes to the MIB’s personal claims fund

The MIBI will nominate an insurance company to represent their interests during the claims process and the process is the same as any other road traffic accident claim.

Accidents that happen while abroad (eg holiday accidents or trip and falls) can be dealt with by an Irish solicitor depending on the facts. Road traffic accidents that happen outside of the Republic of Ireland are covered by the EU Fourth Motor Insurance Directive (2000/26/EC) which allows victims of road traffic accidents which occur within the EU, the right to bring a claim against the defendant and the defendant insurers in the country where the claimant (injured party) resides rather than where the accident occurred.

We at McGinley Solicitors have significant experience dealing with head and brain injuries and the whole claims process. Head and brain injury claims are complex in nature and due to the difficulties encountered in assessing the long term implications of a head injury, such as future health and assessing mental health issues and brain function, head injury claims require considerable research, investigation and preparation.

The brain is the control centre for everything you think, feel and do, so it’s no surprise that damage to it can alter your physical and mental abilities, behaviour and personality. Even apparently subtle problems can have a massive impact.

Some common head injury symptoms include:

  • Lack of insight
  • Personality changes
  • Inappropriate behaviour
  • Poor perception, recognition and judgement
  • Lack of initiative
  • Fatigue
  • Physical disabilities
  • Slowed responses
  • Loss of physical sensations
  • Poor concentration
  • Poor planning and problem solving skills
  • Inability to understand and communicate
  • Poor memory
  • Slow or slurred speech
  • Overly talkative

Brain injury is often referred to as a ‘hidden’ disability because the effects of an accident involving the head – such as not being able to think straight, or being unable to comprehend information, or feeling anxious, irritable or depressed – are not as obvious to others although they are every bit as real as ‘visible’ physical disabilities and can have a negative impact on your life.

Relationships with family and friends can be placed under immense strain. Relatives report that the most difficult problems are personality changes, slowness, poor memory, irritability, bad temper, tiredness, depression, tension and anxiety, rapid mood changes and threats of violence. While reports vary, there is also evidence that marital difficulties can arise following a brain injury too as both partners can struggle to adapt to changes in personality and circumstances.

We at McGinley Solicitors have significant experience dealing with spinal and back injuries. We understand how complex both types of injuries can be and how traumatic an experience it is.

Spinal injury is a general term which includes injury to the spinal cord or surrounding nerves (a neurological injury) or injury and damage to the spinal vertebra (an orthopaedic injury).

Depending on where the spine suffers the trauma, and what nerves are damaged, the symptoms can vary widely, from serious and chronic pain, to paralysis. It is important to speak with a Spinal Injury Solicitor to make sure you are getting the correct advice for such a serious injury. Contact McGinley Solicitors today to discuss your spinal injury case.

What is a spinal injury?

The spine and back are vital for a number of bodily functions – not just walking. The spinal cord carries nerve signals from various parts of the body to the brain.

Spinal cord injuries – such as fractured vertebrae – can result in varying degrees of paralysis, loss of bodily function and loss of sensation.

In more serious spinal injuries, damage could result in:

• Paraplegia, which is the impairment of motor or sensory function of the lower extremities

• Tetraplegia or quadriplegia, which is a partial or total loss of use of all limbs

Typically spinal injuries are caused from impact injuries from an accident or from a medical negligence incident. Below are some examples of how spinal injuries can occur but are not limited to this list.

Accidents at work

Examples of accident at work claims, which cause a spinal injury, include:

Crush injuries
Carrying, handling or lifting injuries
Machinery accidents
Falls from a height
Trips and slips

Medical negligence

Cases of medical negligence, resulting in a spinal injury include:

Lack of informed consent regarding the risks of spinal surgery
Surgical errors
Nerve damage during surgery
Spinal cord injury during surgery
Disc replacement surgery
Inappropriate surgery
Malpositioned metalwork /screws
Metalwork failures
Post-operative paraplegia/ paralysis
Spinal haematoma
Muscle weakness after surgery
Delayed diagnosis / treatment of Cauda Equina syndrome

Road traffic accidents

Incidences of road traffic accident claims include:

Passenger injury
Motorbike injury
Bicycle injury
Public transport injury

Start Your Claim Today By Calling 1890 998 969