January 31, 2023
Healthcare law – a year in review.
Over the course of the last year, there have been many interesting judgements in the High Court and the Court of Appeal in relation to healthcare and personal injury law....
If you have been injured as a result of negligence by another party and are considering bringing a claim, it is crucial you find a law firm who you can trust and has your interests, and those of your family, at heart.
Lavelle Solicitors have built a reputation over the past 30+ years for providing excellence in legal practice. We believe that caring and empathetic service is as important as the legal advice we provide to our personal injury clients.
Our team have been helping clients since 2004, with decades of combined experience across the team, and work tirelessly for those who have been injured due to the fault or negligence of another party. They have developed an approach which maximises the chance of achieving a successful outcome; whatever that might mean for you.
No matter the type of serious injury you have suffered, if you have reason to believe it may have been caused by the action or inaction of another person, business, or organisation, whether private or public, we can assist you in making a claim.
Over the decades, we have managed a vast array of personal injury claim types, including, but not limited to:
If you are unsure if your injuries are legally considered a ‘personal injury’ for the purposes of bringing a claim, contact our team of personal injury solicitors. They will listen carefully and with empathy to the details of your accident and advise you of your options. If you decide to proceed with your claim, we will then assign you a dedicated member of our team.
Not everyone has the same reasons to bring a claim; regardless of your goals, we will help you to achieve them. In many cases, those who seek our services are driven to do so by the desire to ensure the actions that led to their injury can never be repeated. By holding the negligent party to account, where applicable, you can be confident you have done all you can to protect the lives of others.
The reality of personal injuries is that patients are often left worse off in terms of their mental and physical well-being, and their financial position. In some cases, families are left managing without a regular income (or reduced income) due to the injured person being unable to work, in addition to footing the bill for travel, accommodation, care, additional treatment and therapy, specialist equipment, and home modifications to accommodate their day to day needs. At a time of considerable emotional worry, money concerns only add to the strain felt.
Often our clients do not know who might be to blame for their injury. It is our job to determine, based on the facts of your case, which person, business, or organisation holds legal responsibility for what happened to you. Personal injury claims may be due to error, negligence, inaction, or any other failure to uphold a duty of care by:
It may be that negligence or failure to uphold a duty of care cannot be proven, in which case it may not be possible to bring a claim. If you are in any way unsure, it is recommended that you speak to a member of our personal injury team as, due to their vast experience in this area of law, they will be able to determine if there is likely to be an at-fault party and whether this can be proven.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
Claims may be brought for two main types of damages, namely: General damages: this is to cover physical and mental pain and suffering, with the amount depending on the precise type and extent of the injury. Special damages: This covers costs resulting from the injury, including expenses already incurred, such as transport, accommodation, medical treatment, and expected future costs including loss of earnings and ongoing care.
To bring a claim for personal injury of any type, it will be necessary to provide evidence that:
One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
Many factors can increase the likelihood of an accident in the workplace, including lack of health and safety training, insufficient safety equipment, faulty or dangerous machinery, insufficient signage, and poor processes and procedures.
Illnesses or disease can result from exposure to harmful substances, excessive noise, vibration, poor working position, repetition of movement, slips, trips, and falls. As a result, workers may suffer upper or lower limb disorders, head/brain injuries, burns, amputation or lacerations. Industrial diseases may include mesothelioma, COPD, sensory impairment, carpal tunnel, dermatitis, certain types of cancer (including bladder), vibration white finger, and musculoskeletal disorders.
Domain experience is vital in personal injury law. By engaging a personal injury solicitor who you can trust, and one who has worked on similar claims before, you can be assured they understand the impact on you and your family. This means they will be able to seek damages which fully reflect all of your past, present, and expected future financial costs, in addition to the pain, suffering, and loss of amenity you have incurred. It takes expertise and detailed knowledge of the law and your injury type to achieve the best possible outcome.
Personal injury claims can take considerable time to conclude fully. This will depend on the scale of your medical recovery and the complexity of the case. In cases whereby the effects of injuries will continue, it is not advisable to settle a claim at an early stage in case further complications develop. Once a case is settled it is not possible for it to be reopened at a later stage.
In the initial stages of investigating your claim, we will ask for any correspondence, photographs, video or audio recordings, maps, diagrams, bank statements, police reports, witness reports, bills, or invoices. Any information pertaining to your case can be extremely useful in providing evidence.
Any further proof we then need we will seek on your behalf (with your permission), including medical notes, expert opinion, the other party’s insurance documents, and other important documents such as maintenance records if it is believed an item of faulty machinery caused your accident.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
For further information on making a claim for personal injury in Ireland, please contact Lavelle Solicitors in confidence on (01) 644 5800 or email Avril Scally at firstname.lastname@example.org
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