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01 835 2027: Ashbourne
01 835 2027: Ashbourne
As one would expect, a slip, trip or fall injury may have serious implications for anyone, and depending on the severity of the fall, the age of the injured person or your medical disposition, the effects may be very serious indeed. It goes without saying that accidents happen in life and for the most part, nobody is to blame, but if you have fallen due to the negligence of another, or by virtue of a breach of their duty of care (which is a duty to avoid acts or omission that one could reasonably foresee would cause an injury to another person) then you may have a valid claim for compensation.
They slip and fall either because the surface is defective for eg pavement or there could be a substance on the floor that could cause you to slip or an object on the floor to cause you to trip.
With Tallans Solicitors (Ashbourne) LLP 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.
Property owners have responsibility. Simply put, anyone who owns property frequented by members of the public has a duty to ensure that the walking surface is safe. Shops, restaurants, offices, Council offices or spaces, even your employer has a duty to follow health and safety guidelines in order to prevent accidents, including tripping over wires or slipping on wet surfaces. In Ireland, supermarkets have been responsible for a large number of these types of accidents over the year; often these injuries are caused when people slip on wet floors which have not been properly cleaned or mopped up by supermarket staff or spillages of product have not been properly tended to.
If you slip, trip or fall in a shop, restaurant, supermarket or any other public space used for sales or public use of any kind we would recommend you do the following:
Formally known as the Statute of Limitations, the legal time limit for a personal injury claim is usually two years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date. For children who have suffered an injury, the process works a little differently. A minor cannot bring a claim forward themselves. On their 18th birthday, the clock starts at their two year time limit to make their claim. Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child immediately after the accident. This is generally a more favourable option. As making the claim sooner rather than later means that it is easier to source reliable evidence to strengthen the child’s case. Important to note is that once the application to the Injuries Board is submitted, the clock stops on the two year time limit while they assess the claim.
Injury Claim Assessment
Upon assessment of your claim, the Injuries Board will look at past personal injury cases and injuries similar to yours to determine how much compensation they will suggest. They do this by referring to the ‘Book of Quantum’. The Book of Quantum is a record of personal injury cases, specific injuries and how much they settled for.
Consideration of Injuries Board Offer
Having reviewed your claim, the Injuries Board will revert back to you with a suggested compensation amount. This would be then paid to you by the party at fault. You will then need to consider whether to agree to this or not. At this time, your solicitor will be able to advise you on the best route forward, but ultimately it will be your decision whether to accept this first offer or not.
There are two possible outcomes from this stage: a. Both you and the party at fault accept the Injuries Board suggested settlement amount. The party at fault would be then ordered to pay this amount to you. b. Either you or the party at fault does not accept the suggested settlement amount. Then you would move to issue court proceedings against the person at fault for your accident/injury.
Once a suggested award has come through, the person making the claim (the claimant) has 28 days to accept or reject the offer. The respondent (the person whom the claim is made against) has 21 days to accept or reject the offer made by the Injuries Board. It is important to note is that should the person making the claim fails to respond to the offer in 28 days, it will automatically be deemed to be rejected in the eyes of the Injuries Board.
Should both parties accept the award suggested by the Injuries Board, then the Injuries will issue an order to the person at fault to pay the settlement amount. Once this happens and the monies are paid over, the case is then deemed to be settled – full and final settlement, meaning that the person making the claim cannot return at a later date seeking further compensation.
If one of the parties involved rejects the settlement suggestion by the Injuries Board the case will move to the next stage of the process, i.e. legal proceedings to move the case to court for a judge to decide the outcome. At this stage, you will work with your solicitor and they will issue legal proceedings to move the case along.
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!
In order for a solicitor to advise you on your accident and whether you may be entitled to make a claim, when bringing the claim to a solicitor, include all facts surrounding the accident. Even the facts that you may think are not as important. Also remember to include things like how the accident happened, what exactly you were doing at the time, who was involved and who witnessed the accident. The following pieces of information are important for you to bring with you, where possible when you start the claims process with your solicitor:
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.
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