If you have been involved in an accident, resulting in personal injuries, then you might be entitled to take a claim for compensation. At McIntyre O'Brien Solicitors, we can help and advise you on all matters relating to your personal injuries claim.
Generally, in order to succeed for a claim of personal injury, you must have involved in an accident or suffered injury where some other party other than yourself were at least partly to blame for the accident and the injuries you have received. This is a question of liability for your accident and injuries and determining who is responsible depends on the type of accident and injury you have received.
Some of the more common types of accidents are listed below:
Road Traffic Accident
Road Traffic Accidents, or motor accidents, are the most frequent type of personal injuries claims made in Ireland. They relate to personal injuries claims for accidents involving car on car accidents, a passenger injured in a car, accidents involving a car on cyclist or a car on a pedestrian. Being involved in a road traffic accident can result in injuries ranging from the most minor to serious injuries to fatal accidents. Whatever the extent of your injury, we can help in providing you with the advice you require in assessing your claim and advising what to do next.
Occupiers Liability Claims
These claims arise where you have suffered an injury as customer, invitee or licencee in a hotel, shop, office or as a guest in someone's home. They are sometimes referred to as 'slip, trip and fall claims' as slipping or tripping on someone's premises is most often the reason for injury. Determining liability in these cases can be somewhat complex as it is not always the case that a property owner is liable for someone slipping or tripping if an 'ordinary person' should have seen and avoided the accident. Similarly, if you were trespassing at the time the accident took place, or if an adequate warning was given, then the property owner could also have a strong defence to your claim.
However, the property owner may be liable if one of the following has occurred:
- The property owner or an employee caused the condition which lead to the accident.
- The property owner or an employee should have known of the condition because a reasonable person taking care of the property would have discovered and removed or repaired the condition, thereby making it safe.
- The property owner did not take reasonable steps to prevent the accident.
Public Liability Claims
If you have received an injury in a public place, for example, where you might have fell on the footpath, it might be possible to take an action against the local authority.
If you have been injured while in the course of your employment, you may be able to claim compensation from your employer. Common occurrences of work related accidents are injuries received from the use of dangerous machinery, or where someone injures their back while lifting an object or where someone slips and falls.
An employer has an obligation to take reasonable care in ensuring his employee's have a safe place to work. Your employer must also provide you with the proper training, supervision and instruction in order for you to carry out your employee duties. If your employer has failed to discharge these obligations, he may be liable to pay you compensation for your injuries.