| Factsheets - Legal Claims |
If you or a person close to you has suffered a spinal injury, you may wish to seek sound legal advice. Cases involving spinal cord injuries are complex and require a solicitor’s skill and understanding to guide you through the process of litigation.
Here is some simple advice if you are thinking of consulting a solicitor.
Should I seek legal advice?
If you have suffered a spinal cord injury, you may be entitled to compensation. It is important to remember that often, compensation is available in situations where it would seem that there is no case for example, where a person is involved in a hit and run road traffic accident or the victim of a violent assault whether or not the assailant has been apprehended.
If you are unsure whether or not you can bring a claim for compensation, seeking advice from a solicitor will, at the very least, reassure you about your legal rights.
Can I claim compensation for my injuries?
In most cases, it is necessary to show that someone else was at least partly at fault for your injuries even if it could be argued that you were also partly responsible.
The onus lies on a claimant to show that the person they say was at fault owed them a duty of care and that they were negligent in some way resulting in the claimant’s injuries.
It is worth taking legal advice before you decide whether or not to pursue a claim.
How long do I have to bring a claim?
The time limits for bringing claims have recently been changed. If you had an accident before the 31st of March 2005, you have two years from the date of the accident to bring a claim.
Since the introduction of the Personal Injuries Assessment Board and other legislation, the time limits in making a claim have become complicated. This legislation has also brought in a requirement that a claimant must write a letter of claim to the person who is to be held responsible within a certain time or as soon as practicable thereafter.
Different time limits apply for those who are under 18 years of age when they suffer their injury or for those who can apply to the Criminal Injuries Compensation Tribunal because they were the victim of an assault.
If you are thinking of taking legal advice, you should do so immediately to make sure you are not running out of time to bring a claim.
What compensation can I claim?
If you bring a claim and are successful, you will be awarded compensation.
Compensation is awarded under a number of different headings which include damages for your pain and suffering, for your financial losses from the date of the accident (e.g loss of earnings, medical expenses), and your ongoing expenses into the future.
Damages for future losses are the most complicated and require the input of various experts. Such losses can include loss of earnings into the future, ongoing nursing care, the cost of special aids and equipment including their maintenance and replacement in the future.
It is important that you keep a note of all expenses that you have incurred and keep the receipts if you intend to bring a claim.
What next?
If you have any concerns of a legal nature which you would like to discuss or if you require legal advice, you can call Ralph McMahon, Solicitor and he will arrange to meet with you.
Ralph McMahon Solicitors are endorsed by Spinal Injuries Ireland to act on behalf of its members and also represents the Association itself.
Ralph McMahon Solicitors, Suite 130 The Capel Building, Mary’s Abbey, Dublin 7
Ph: 01 – 889 8580 Mobile: 087 285 4007
Email: Ralph.mcmahon@rmcm.ie
‘I have worked with Ralph for more than 15 years and it has been a pleasure to do so. He has acted for Spinal Injuries Ireland and its members since 1993. He acts as an advisor to the Board and is also a member of the Fundraising Committee and our Transitional Housing Programme Committee. Integrity and professionalism are assured and it is these qualities combined with his experience and indeed that of his Partner Jessica Goldrick that gives me total comfort when referring members to him. They go about their work with a total empathy for the member and of course this is also of crucial importance. I cannot recommend Ralph and Jessica highly enough.’
Colm Whooley, CEO of Spinal Injuries Ireland
Articles that may be of interest
We prepare articles on topics of interest to those who have sustained a spinal cord injury. These articles are published in ‘Spinal News’, Spinal Injuries Ireland’s magazine for its members.
These are some of our recent articles:
‘Employment Law and Disability in Ireland’
‘Buying a new wheelchair – What are your rights as a consumer?’
‘Accessibility – What are your rights’
Useful Links and Websites
Here are some websites that may be of interest or benefit to you.
www.nda.ie - The National Disability Authority
www.equality.ie - The Equality Authority
www.piab.ie - The Personal Injuries Assessment Board
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