Fatal Claims


Fatal Claim Solicitors – Drogheda, Ashbourne & Dublin

The law is there to support you. If you have been subject to medical negligence, you may seek compensation.

We’re here to help. Call us today on Drogheda : 041 983 8708 Ashbourne : 01 835 2027

What is it?

Losing a close family member in a fatal accident is one of the most traumatic events that anyone can experience in life. We understand this may be a very difficult time for you and that you may have uncertainties about making a claim against the person responsible for your family member’s death. Fatal accidents are somewhat unusual in terms of the system of compensation that applies where someone has died as a result of injuries suffered in an accident. Below you will find details of how fatal accident claims are treated under Irish law.

We Look After Your Case

Tallans Solicitors LLP and Tallans Solicitors (Ashbourne) LLP are two of the North East’s largest law firms with offices in both Drogheda and Ashbourne while serving clients nationwide. With us, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.

How do these claims arise?

Medical negligence claims can occur under different circumstances. Some examples of medical negligence include:

  • During surgery where there is an error.
  • A misdiagnosed patient.
  • Medical practitioner fails to act, notice an illness or medical need.
  • Medical care is below the standard expected from a medical practitioner.
  • A medical practitioner causes injury, loss of quality of life, or in some cases, leading to death.

Medical practitioners that may be attributed to the negligence of various injuries and illnesses are:

  • Doctors
  • Nurses
  • Medical Consultants
  • Surgeons
  • Plastic Surgeons
  • Opticians
  • Dentists
  • Psychologists
  • Lab Technicians

The list can also include various members of a medical facility, either in the private or public sector.

What do you need to be able to claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.

1. Speak with a solicitor
If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.
2. Obtain medical records
In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
3. Letter of Claim
If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case. Your solicitor will be on hand every step of the way to guide you through this process.

What should you do?

It is the worst thing that can happen for the people who are left behind but the scheme provided under Part IV of the Civil Liability Act, 1961 means compensation by way of damages for injury causing death are capped at €35,000. While there can be a claim for other ancillary costs and expenses, the amount that can be recovered compared with if the person had survived, but been very badly injured, is substantially less. However, if there is a situation where the person who has died as a result of the accident had been responsible for providing financially for a family and was killed leaving dependents, then there will be a claim arising by those dependants for the loss that they have suffered as a result of being deprived of the income and support that they received from the deceased person. In that case, the value of that income and support would need to be calculated on an annual basis and then a capital sum arrived at on an actuarial basis based on the period for which the dependent could have expected to continue to be a dependant of the deceased person. Indeed, the loss of benefit arising to a dependent in this way need not only be a financial loss arising on the death of a breadwinner in a family. It can be any manner of benefit that can be converted into a monetary sum. If, for instance, you had a child with elderly parents for whom the child came and provided services to help them (say doing the shopping and washing and that kind thing), even though no money ever changed hands for what was done, if that child were killed in a fatal accident and were no longer available to do what they had been accustomed to doing for their parents, they would then have to pay somebody else to do this for them instead, you would work out what it would cost to provide a replacement for those services and that cost would form part of the claim. Similarly, if you have a husband or wife in a situation where one party doesn’t work full time but takes care of all of the domestic duties on behalf of the family, tending to the household, child care, etc., in the event of the loss of that caregiver the cost of providing professional care to replace what had been done previously free of charge would need to be calculated and capitalised for the purposes of a claim. There’s also the possibility of a claim for nervous shock: if a loved one actually witnesses the accident that gives rise to the fatality or other serious injury, they will be entitled to recover compensation for the psychological injuries that they suffered as a consequence. However, in order for a claim for nervous shock to arise, the claimant will have to have been physically present and a direct witness to the incident that caused the injury. A feature of fatal injury claims is that they are brought by one nominated party on behalf of all of the parties entitled to bring a claim. There is no hierarchy or order of priority in terms of which party is entitled to commence a claim and therefore the first person entitled to initiate a claim will in effect do so on behalf of all. Ideally, this might be done by agreement between all parties entitled to bring a claim but there is no need for it to be agreed and any party entitled may proceed unilaterally. However, all fatal injury cases must be ruled by a court before they can be concluded and, therefore, no matter who brings the claim, the court will oversee the claim and ensure that any compensation arising from the death is distributed appropriately between all parties entitled to claim in accordance with the law.

Medical Negligence Specialists

1. Team of Experts on Speed Dial

Tallans are the only solicitors in the North East who have a team of medical experts in the UK on every medical speciality – gynae, cancer, surgery and much more.

2. Expertise on Compensation

Tallans are well experienced in understanding compensation levels when it comes to medical negligence cases. Sheila, our Managing Partner, was chosen to sit on the HepatitisC Compensation Tribunal and witnessed first hand the anguish of victims.

3. Advise on the Value of a Case

The solicitors at Tallans, due to the level of expertise can advise on the value of a case. Medical negligence is hard to prove. The law in Ireland states that you need an expert report from a suitably qualified expert. In addition, Sheila’s experience in medical knowledge is itself phenomenal because of the amount of cases she has worked on.

4. Liaise with other solicitors

There are a few expert medical negligence solicitors around the country. Tallans is one of them and they all liaise with each other.

5. Confidence is guaranteed

While Orla and the team are actively pursuing cases in a variety of medical negligence cases, we are not shouting it from the roof tops. Your confidentiality is more important to us.

6. Medical Negligence is traumatic enough

Being hurt by the medical profession is traumatic enough. Now, you don’t have to travel far to speak with medical negligence expert solicitors in Drogheda and Ashbourne.

Talk To Tallans Today

We use our expert knowledge and 130 year’s experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Sheila Cooney
Managing Partner

Brenda Rushe

Olive Moore
Senior Solicitor

Why Tallans

At Tallans, our dedicated medical negligence solicitors have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years.

Our Testimonials

Want to know what it’s like to work with Tallans Solicitors LLP & Tallans Solicitors (Ashbourne) LLP? The best way to find out is to see what past clients have said.

In a recent claim, Tallans Solicitors LLP were superefficient and provided great service. I was very nervous coming in to see a solicitor but Orla Shevlin put me at ease straight-away. I found Orla very easy to talk to and knew I could trust her 100%.

I was extremely happy with the outcome of my case… Tallans were able to explain things to me in a way that I could understand. I have no hesitation in recommending Tallans to anyone.

From day one, Tallans Solicitors LLP were transparent, clear and supportive regarding my case. They had a personable yet highly professional way in which they presented themselves. From day one, they were on my side. I will now go to them for all legal advice in the future and recommend everyone to seek advice and services from Tallans in Drogheda.

About Tallans Solicitors LLP & Tallans Solicitors (Ashbourne) LLP

We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9 am to 5.30 pm on 041 983 8708 (Drogheda) and 01 835 2027 (Ashbourne) or you can fill out our contact form and we’ll call you back.

Tell Us About Your Case

Fill in your details below and we’ll contact you to discuss your case in complete confidentiality.

11 + 12 =