| | | | Brain Injury Solicitors | | |  | ' I want to thank you sincerely for your dedication and compassion over the last two/three years in dealing with my son’s case' |  |
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| | | Making a claim and how we will help you
Our initial consultation and advices to our clients are free of charge. We will take the details of your accident and injuries and analyse the strengths and weaknesses of your claim. If you have a claim for personal injury, we will inform you of your options. If you decide to proceed we can handle your claim on your behalf and explain the claims process to you.
We will write to you confirming your instructions and outlining the claims process. We will then send letters of claim to the third party and/or his/her insurers outlining the nature of your injuries. We will apply to your Doctor/Specialist for a medical report. We will also request an Engineer’s Report and Garda Abstract Report should they be required for your claim. We will liaise with any potential witnesses to your accident and obtain witness statements where possible.
The Injuries Board:
If you decide to proceed with your claim, as a result of the establishment of the Personal Injuries Assessment Board in 2004 (now called the Injuries Board) and the Personal Injuries Assessment Board Act 2003 all personal injury claims, with some exceptions, must be processed through the Injuries Board before going to Court. To submit a claim to the Injuries Board, the following items are required:
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|  | A completed Application Form; |
| | A medical report; |
| | Fee of €50.00; and |
| | Copy of the letters of claim sent to the person(s) you hold responsible for your claim. |
| | | A submission is made to the Injuries Board on behalf of our client, that because of the fact that a brain injury is involved, it is too complex a matter for the Injuries Board to deal with it. Under Section 17 of The Personal Injuries Assessment Board Act 2003, the Board has the discretion to issue an Authority which has the effect of releasing the claim from the Injuries Board. The case is then processed through the Courts in the traditional way.
When the proceedings are prepared, we will then stamp, issue and serve them on the Defendant or the Solicitors nominated by the insurance company to accept service. The Defendant’s Solicitors then serve a ‘Notice for Particulars’ on us which are a series of questions requesting further information regarding your claim.
We then take your instructions for the replies and serve replies to the Notice for Particulars on the Defendant or the Defendant’s Solicitors.
The Defendant’s Solicitors then file their Defence indicating whether the Defendant accepts or denies liability.
In some cases, it may be necessary for us to issue certain Motions compelling the Defendants Solicitors to take certain steps for example, to file their Defence or to produce certain relevant documents. Throughout the course of the case we will obtain updated medical reports as required. You should keep a note of all of your medical expenses and any other expenses reasonably and necessarily incurred relating to your claim. It is standard practice in all cases, for the Defendant/ Defendant’s insurance company to request that you attend a doctor(s) from their own panel of medical practitioners.
When the paperwork has been compiled we instruct Counsel to prepare an ‘Advice on Proofs’ which is a summary of the further steps to be taken prior to the trial and identifies the witnesses required. In some cases, a ‘settlement meeting’ takes place before the case is set down for trial and you, your legal advisors, the Defendant and his/her legal advisors will be in attendance. If the case does not settle, we arrange for it to be set down for trial. We will then arrange for a pre-Trial consultation with you to go through the court procedure.
The Litigation Process:
When an Authorisation issues from the Injuries Board we will assemble the necessary Statements and Reports such as Medical, Engineers, Garda Abstract Reports and we will prepare a Brief for Counsel (a Barrister) to draft the legal proceedings and arrange for a consultation with you, Counsel and a member of our experienced litigation team.
Going to Court:
You will be represented by Senior Counsel, Junior Counsel as well as one of the members of McMahon Goldrick Solicitors experienced litigation team.
Your Counsel will lead you through your evidence in Court. When this has been completed, the Defendant’s Counsel will cross examine your evidence. The Judge may also have some questions. After completion of your evidence, the evidence of any other witnesses will be taken in the same way.
When all witnesses have been heard, Counsel for each side will make any relevant points noted to the Court and the Judge will make his/her decision. The case may be adjourned on occasion to allow the Judge time to make his/her decision. When the Judge delivers a decision, if he/she decides in your favour, he/she will make an award of damages as compensation.
Appeals:
Either party may Appeal the Decision of the Court. An Appeal can be brought against the Judgement on Liability (whether the Defendant was to blame) or on the amount of the Award. There are strict timeframes and procedures for Appeals.
Child Plaintiffs:
In law, persons under the age of 18 years old are known as minors or infants and they may not bring proceedings in their own name. They must be represented by a ‘next friend’, which is usually one of the child’s parents. Any compensation awarded to a minor is lodged into the court bank account and becomes payable to the minor together with interest when he or she reaches the age of 18 years. Any settlement of a case involving a minor/infant must be approved by the Court.
McMahon Goldrick Solicitors have acted on behalf of many minors/infants and secured fair compensation on their behalf.
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