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....
Every year, thousands are seriously injured in a range of settings across Ireland, requiring ongoing medical treatment, rehabilitation, and possibly considerable time off work. In some situations, serious injuries can be life-changing, meaning that those affected are unable to return to the life they once knew. This may mean they are unable to resume their career, education, hobbies, or military service.
At Lavelle Partners, over the past three decades, we have helped individuals and their families who, following serious injury due to the negligent acts of another party, have needed to bring a claim under law. Some individuals are driven to make a claim as a way to bring the person, business, or organisation to account for their negligence, and to help others avoid the same fate, while others also need to seek damages due to the pain, suffering, and losses they have incurred.
All private and public entities have a legal duty to ensure the health and safety of employees and members of the public. This means they are legally bound to actively identify all risks to health and safety within their operations, and either eliminate any danger, or if this is not possible, mitigate it as much as possible. In practical terms this may mean placing clear signage to warn of danger, redesign work processes, replace outdated and dangerous equipment, provide protective equipment and clothing, implement training programmes alongside robust health and safety policies and procedures, employ dedicated health and safety personnel, contract specialist external safety experts to provide advice, enforce work-time regulations, and any other number of possible strategies.
Each industry has its own unique health and safety legal obligations with which it must comply (e.g. construction, manufacturing, or transport), and failure to do so may constitute negligence. And as a result, victims have a legal right to bring a claim for recourse against them to recover damages incurred. But to do so, it must be proven that the party was negligent by providing sufficient evidence; this is where Lavelle Partners can help you.
What type of serious injury can I claim for?
There is no limit to the type of serious injury for which you can bring a claim, however, we are commonly engaged by clients with the following types of trauma:
Serious injuries by their nature have the potential to have life-long consequences for those affected, causing symptoms which do not dissipate over time. We have seen at first hand how clients with serious injuries due to the fault of another party have been left with pain, loss of function, loss of sensation, loss of mobility, cognitive impairment, anxiety, and permanent disfigurement. It is for this reason that we work tirelessly to represent those who have been seriously injured, with the aim of putting them back into (as near as possible) the same situation they were before their accident.
Who is liable for my serious injury?
Serious injury can be caused by accidents due to negligence in a range of contexts including (but not limited to):
Regardless of where the injury occurred, it will be necessary to establish who is at fault for the accident which led to the serious injury. Depending on the situation, this may be a local authority, public entity, building contractor, employer, a private company, or an individual.
Do I have grounds for a serious injury claim?
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. 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.
If you are unsure if the circumstances of your serious injury are grounds for a claim, please contact one of our serious injury Solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
What may a claim for serious injury cover?
Claims following serious injury due to negligence may cover two areas of loss:
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle’s serious injury Solicitors can assist you in bringing a claim
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.
For further information on making a claim for serious injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at firstname.lastname@example.org
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