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Being injured can lead to a distressing time for individuals. An injury can lead to high medical expenses, lost wages, and mental and physical distress. This painful time can be compounded by knowing that the accident wasn't the individual's fault.

Inevitably if a person is considering pursuing a personal injury claim, they will have questions. To make the process of deciding on pursuing an accident claim easier, we have compiled some of the most common questions our injury solicitors are asked.

Of course, every claim is different, and we highly recommend scheduling a consultation with our injury solicitors to discuss the specifics of your accident. 

What is a personal injury claim?

A personal injury claim is a legal process in which an individual who has been harmed or injured due to another person's negligence or wrongdoing seeks compensation for their losses. This can include medical expenses, lost wages, and damages for pain and suffering. Personal injury claims can be brought against individuals, businesses, or other entities and are handled by a qualified personal injury solicitor.

What is the Personal Injuries Assessment Board?

The Personal Injuries Assessment Board (PIAB) is an independent body in Ireland that was established to assess personal injury claims and make recommendations for compensation. The PIAB is responsible for assessing claims for compensation for personal injury, whether the injury resulted from a road traffic accident, a work accident, a public liability accident, or medical negligence.

The PIAB assesses claims based on the evidence provided by the parties, including medical reports and other relevant documentation, and issues a recommendation for the level of compensation that should be awarded. This recommendation is not binding, but the parties generally follow it. The PIAB process is intended to be quicker and less costly than going to court.

PIAB can also assist parties in settling a claim before the assessment stage, using their expertise in evaluating the claims.

How long does the Personal Injuries Assessment Board take to decide on a personal injury?

The Personal Injuries Assessment Board (PIAB) aims to decide on a personal injury claim within 26 weeks of receiving a completed application. However, the actual time it takes to decide on a claim can vary depending on the case's complexity, the availability of medical reports, and other factors.

It is important to note that the 26-week target is just an aim, and it can sometimes take more time. The PIAB also publishes a performance report on their website, showing how long it has taken them to process claims.

It's worth noting that if either party is unhappy with the decision of the PIAB, they can still take the case to court, where a judge's decision will be final.

How do I know if seeking personal injury damages is appropriate?

It may? be appropriate to seek personal injury damages if you have been injured due to someone else's negligence or wrongful action. 

Here are a few examples of situations where it may be appropriate to seek personal injury damages:

You were in a car accident caused by another driver's negligence.
You slipped and fell on someone else's property due to their failure to maintain a safe environment.
You were injured at work due to your employer's failure to provide a safe work environment.
You were injured due to medical negligence.
It is also important to note that the personal injury solicitors at Denise Kelleher & Associates Solicitors can advise you if it's in your best interests to pursue a personal injury claim.

Individuals will still have questions regarding the personal circumstances of their injury. We recommend contacting our offices and organising a consultation with our team.  

When discussing property law, the term probate is often used. However, outside of solicitors, many people don't understand what the term probate actually means. Therefore, our probate solicitors will discuss probate and how this law works in Ireland.

What is Probate?

In Ireland, probate is the legal process that gives a person – or a group of people – the legal authority to deal with a deceased person's estate. A person can apply for this authority but making an application to the probate office or the district probate registry. However, in complex probate cases, we highly recommend hiring one of our dedicated probate solicitors.

Details Regarding Probate

This legal process is sometimes required after a person passes away. The application process involves getting a Grant of Representation document from a local probate office. Once probate is issued, the applicant can access and distribute the deceased estate. If there is a "Will", then probate is also designed to prove the will.
Probate is a legal process to protect the beneficiaries of the deceased estate. Generally speaking, probate allows the courts to access the will's validity and ensure the correct person administers the estate.

Is Probate Required if There is a Will?

One of the more common myths surrounding probate is that it is not required if the deceased left a will. This is a misconception. Probate must be activated even if the deceased left a valid will. While it's true that probate is started to prove the validity of a will, it is also concerned with enshrining an individual's authority to administer the deceased's estate.

Are There Instances when Probate is not Required?

Yes, probate is not required in cases where there is a relatively small estate. As a rule of thumb, if the estate's total value is below €25,000, then probate will not be required. However, to ensure this, checking with the financial institution or the bank holding the deceased assists first is best.

Please contact our offices today if you have any more questions regarding probate or would like to speak to a dedicated probate solicitor in Cork.

Recently in the media, there has been a lot written about personal injury claims. Inevitably most publications and media organisations focus on some of the larger pay-outs and more outlandish personal injury claims. Unfortunately, this can sometimes cast personal injury claims in an overly negative light. The law regarding personal injury claims was designed to protect the general public from the financial burdens of recuperating from an injury. In more minor cases, compensation can be used to cover the medical bills following an accident. Compensation is also designed to pay for the long-term care needs of an accident victim.
In contrast to the more bombastic reporting we sometimes read about, we'd like to focus on some of the more common personal injury claims that we assist our clients with daily.

Road Traffic Accident Claims

While recent annual traffic reports have thankfully demonstrated that significant and fatal road traffic accidents are on a downward trajectory, minor accidents remain common. As Cork personal injury solicitors, we often represent individuals who have been injured in road traffic accidents. A traffic accident can include collisions between two vehicles, collisions with cyclists and motorbikes and accidents involving pedestrians. Unfortunately, road traffic accidents can have profound health implications for the injured party. Road traffic accident claim compensation helps to cover the cost of rehabilitation following an accident.

Medical Negligence Claims

Medical negligence refers to a patient suffering an injury due to the actions or inaction of a medical professional. Some more common medical negligence claims can involve misdiagnosis, hospital negligence and surgical errors. An individual can seek medical negligence and compensation following an injury. Medical negligence cases are often highly complex and can take years.

Work Accident Solicitors

Accidents at work remain a common occurrence. A work accident may happen due to a fellow employee's negligence or by management's failure to provide a safe working environment. Work accidents can mean an employee will be left with large medical bills and lost earnings due to an inability to work as they recover. Personal injury compensation is designed to cover these financial strains.

If you have been involved in an accident that wasn't your fault, please call our personal injury solicitors to discuss the details of your potential claim.