At DJ Synnott Solicitors we focus on the human element of every case and we make every effort to ensure that individuals achieve the best possible outcome that the law will permit. Our expert team of solicitors aim to make your experience as easy and as free from stress as possible. We use our knowledge and experience to give you the voice you need to secure fair compensation. Your welfare is our priority and we are committed to acting in your best interest at all times. We offer personal attention, we use plain language and we provide practical and impartial advice through every stage of the claims process. We have also taken steps to ensure that all claims can be transacted by telephone, email, or post in order to reduce the inconvenience caused in the process of pursuing your claim.
During the first interview we will take the details of your accident and injuries and answer any questions you may have. We will weigh up your claim immediately and if you have a valid claim for personal injury compensation, we will inform you of your options. If you decide to proceed we will appoint one of our personal injury solicitors to handle your claim and the claims process will unfold as follows:
This Personal Injury Compensation Claim Guide has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation claims process.
Have I A Case?
If you have suffered injury, loss, damage or expense as a result of the negligent
act of omission of another party, then you may be entitled to compensation from
that other party or his/her insurers.
The purpose of this information is not to discuss the particular laws involved.
Before accepting your instructions, we will have discussed your case with you and
will have advised you of the strengths and weaknesses (if any) of your case. In
many cases, it is very clear from the outset that an injured party will succeed
in being fully compensated, for example, where the injury results from a motor
accident when the client is a passenger, to give but one example. In some cases,
the courts apportion liability, i.e. they rule in favour of the Plaintiff but make
a deduction from the full value of the case on the basis of the Plaintiff's
"contributory negligence."
It is important to note that many valid claims are never brought because an injured party feels the accident was his own fault, whereas the primary cause of the accident may well rest with some other party, and the injured party's own carelessness may only have been a contributing factor. In such cases the courts may apportion Liability. It is therefore always advisable to consult a solicitor concerning any injury resulting from an accident.
No Win, No Fee
If we take on your case, it will be on a no win - no fee basis. If your claim is
successful, then the costs for which you will become liable are detailed in Section
3 of this guide.
If your claim is unsuccessful then we will charge no fees. However we must bring to your attention that if your claim is dismissed by a court, the Judge may Order that the Defendant's costs be paid by you. In practice very few cases get as far as a Court Hearing. The vast majority are settled without going to court or on the morning of the Court Hearing.
Costs
The law requires a solicitor to provide a client with particulars in writing,
when the solicitor is instructed, or as soon as is practicable after that, of:
Solicitors' charges are calculated by reference to a number of factors including the following:
These are also the factors which are taken into account in the assessment of a solicitor's bill. In addition to the professional fee and miscellaneous charges payable to the solicitor, there will be items of outlay payable to third parties, including government agencies, which must be discharged by you.
Litigation
If your solicitor is dealing with a contentious matter for you, the law requires
that the following explanation be given to you.
Unless otherwise agreed, when your solicitor sends you a bill of costs, you are responsible for the payment of that bill. You remain responsible for this amount even where you reach a settlement with the defendant or any other third party and a term of that settlement is that you will be paid your costs. This is also the case where the defendant or other third party is ordered by a court to pay your costs. Your solicitor will seek to recover as much as possible of the charges from the defendant or other third party. When the monies are so recovered, if you have already paid your solicitor, the monies will be refunded to you, less any costs incurred in their recovery. Otherwise, they will be set off against the full amount due to your solicitor.
The amount which the defendant or other third party may agree or may be ordered to pay will not generally be sufficient to set off your solicitor's entire charges. Insofar as the costs recovered from the other party are insufficient to discharge your liability to your solicitor, then you remain liable to make up the shortfall.
Even where your solicitor is satisfied that you have a good case, the law requires that it is explained to you that, in the event of the following circumstances arising, you may be liable to pay, in addition to your own costs, the costs of the Defendant or other third parties.
Outlay
In the course of handling your claim we will incur certain items of outlay including
doctors' fees for preparing medical reports, stamp duty on the proceedings, Counsel's
fees for drafting, and in some cases fees of Litigation Engineers for preparing reports.
The outlay averages about €1,000 per case but in large cases can be much more. If
your claim succeeds, then we can usually recover most of the outlay from the other
side. Our clients have the option of paying the outlay on an ongoing basis, in
which case the recoverable portion thereof will be refunded to you at the successful
conclusion of your case. Alternatively, if that does not suit, we will pay and
discharge the outlay on your behalf. If you elect to have us pay the outlay then
there will be a handling fee charged at the conclusion of your case. Details will
be provided on request.
Will I Have To Go To Court?
Every case is handled on the basis that it may end up in court, but in practice
few cases do, perhaps 2% of our cases; the other 98% are settled. Cases go to court
for two reasons, either the defendant has not offered enough compensation or the
defendant has made no offer. If an offer is made, then it is you who decides
whether or not to accept the offer; we and your Barrister will give our advice
in relation to any offer, but the ultimate decision is yours. If no offer is made,
then this would clearly indicate that the other side is reasonably confident of
successfully defending the case. In such event your options will be clearly explained
to you by us and your Barrister.
What Is The Value Of My Case?
The amount of compensation to which one is entitled varies in each case. It is
often futile to attempt to value a claim in the early stages. After taking your
initial instructions, we take up reports from any medical practitioners whom you
may have attended. The early reports are usually preliminary in their nature, and
will enable us to decide in which court to launch your case, i.e. the District
Court which has jurisdiction to make awards up to approximately €6000, the
Circuit Court which has jurisdiction up to approximately €40,000, or the High
Court which has unlimited jurisdiction.
The value of your case in terms of General Damages will depend on the nature and severity of the injury or injuries, the pain, suffering and inconvenience resulting there from, the length of time for recovery and the prognosis for the future. In addition to General Damages you are entitled to claim compensation for all financial losses and expense sustained by you as a result of the accident, including loss of earnings, doctors' fees, hospital fees, medication, travelling expenses etc. The value of your claim will be discussed with you in some detail by us and your Barrister at the time of settlement negotiations or prior to the Trial of your case.
How Long Will It Take?
Up until a few years ago, one had to wait 2-3 years for a trial date after the
pleadings had been closed, that is after the formal exchange of relevant documents
between solicitors. Thankfully, all that has changed, and in most cases we can now
get a trial date within a few months of requesting one.
The time it takes to finalise a case usually depends more on the medical process rather than the legal process. As a general rule we advise our clients not to attempt to settle a case within 12 months from the accident date. It is good practice to see how the injury has settled at that stage. Subject to the medical report and Counsel's advice, it may be opportune to try to settle the case after about 12 months, although many cases may take considerably longer, particularly the more serious ones.
Statute of Limitations
Subject to certain very strict exceptions, you have two years from the date of
your accident to commence legal proceedings for compensation. If the three year
period has expired, even by one day, then your claim is Statute Barred from
proceeding. An important exception to this rule is that persons under the age of
18 years at the time of the accident (minors) have until their 20th birthday to
commence proceedings. In theory therefore, a four year old for example has 16 years
to commence proceedings, although a lengthy delay may create severe difficulties
and may give rise to the defendant having grounds to apply for a dismissal of the
claim on the grounds that his right to put up a defence has been prejudiced by the
delay. In should be noted that it can take time to have legal proceedings issued
so you should not leave it until the last few weeks before expiry of the statute
before instructing your solicitor in the matter.
What Is The Procedure
Once we have taken the details of your accident and agreed to take on your case,
we will write to you confirming the instructions and issue an originating letter
of claim to the third party and/or his insurers. We will subsequently enter into
correspondence with the insurers when we will outline the legal basis of your
claim and the nature of your injuries. We will apply to your medical attendants
for preliminary medical reports. We will apply for any other relevant reports, for
example, the Garda Abstract Report in traffic accident cases. In cases requiring an
engineers report, we will instruct our Litigation Engineers to attend at the accident
location and to prepare a detailed report and photographs. We will arrange to take
witness statements if necessary. The Defendant insurance company will arrange for
you to undergo an assessment by their nominated doctor or doctors.
Once we have assembled the necessary reports and statements we will prepare a brief for Counsel (a Barrister) to draft the legal proceedings. We then stamp and issue the proceedings and serve same on the Defendant or the solicitors nominated by the insurance company to accept service. The Defendant's solicitors serve a "Notice for Particulars." We then take your instructions for the replies thereto.
The Defendant's solicitors then file their Defence. The Defence will indicate whether the defendant accepts or denies liability. In some cases it may be necessary for us to issue certain Motions compelling the Defendant's solicitors to take certain steps, for example a Motion to compel them to file their Defence if they delay in doing so, or a Motion compelling them to allow our engineer inspect the defendant's premises, or a Motion for Discovery compelling them to produce certain relevant documents, and so on. During the course of the case, we will obtain updated medical reports as required.
When the pleadings have been closed (i.e. the Defence file) we instruct Counsel to prepare an "Advice on Proofs" which is a summery of the further steps to be taken prior to the trial and identifies the witnesses required. In most cases a "Settlement Meeting" takes place before the case is set down for trial. If the case does not previously settle, we arrange for it to be set down for trial. In some cases, the Defendant makes a lodgement of money into court.
Court Lodgements / Tenders
When a case reaches defence stage, the Defendant may serve a "Notice of Lodgement."
This is a document which tells us that the Defendant has lodged a certain amount
of money into the court bank account and invites you to accept that amount in full
settlement of your claim. In that event, you will have the benefit of our advice
as to whether we believe your case may be worth more than the amount lodged or
otherwise. Regardless of our advice one way or the other, you have the option to
accept the amount lodged in which case we will serve "Notice of Acceptance"
and subsequently the court office will issue a cheque for that amount to complete
the matter. If you refuse the lodgement and your case does not subsequently settle
but proceeds to trial and the Judge awards you an amount equal to or less than the
lodgement figure, then you will have failed to beat the lodgement and will be held
liable for all costs of the proceedings from the date of the lodgement up to the
conclusion of the trial. The Judge, when making his decision, will not be aware
as to how much the Defendant has lodged.
A Tender operates in the same way as a Lodgement.
Medical Examinations
For the purpose of your claim we will request your doctor and / or the casualty
consultant of any hospital you may have attended and any other medical practitioners,
to prepare medical/legal reports on your injuries. Sometimes these medical practitioners
may furnish reports based on the notes taken when they examined you previously, but
very often they will write back to us giving us a date, time and venue for a medical
examination.
We will of course notify you in writing of all medical appointments which we receive on your behalf. You should make a very careful note of all medical appointments and ensure that you are in prompt attendance. Failure to attend can give rise to a non attendance fee being charged by the doctor and possibly a lengthy delay for another appointment. If any appointment does not suit you, please telephone your solicitor's Secretary as soon as possible to let us know, and we will rearrange the appointment. We would ask you please not to contact us to confirm that you will attend an appointment unless we specifically ask you to do so. Unless we hear from you to the contrary, we will assume that you will attend.
Defendant's Medical Examinations
It is standard procedure in all cases for Defendant's insurance company to request
that you attend a doctor from their own panel of medical practitioners. Depending
on the severity and nature of your injuries, the insurers may wish to have you
examined by more than one medical practitioner. In very serious cases, there may
be several medical examinations carried out by specialists in different fields.
You should note that following the Defendant's medical examinations, the doctor's medical report is not sent to us but is sent to the insurance company's solicitors. It would therefore be helpful to us if following any Defendant's medical examination, you send us a brief statement outlining how it went. As with medical examinations by your own doctors, you should always make a very careful note of the appointment date, time and venue and ensure that you are in prompt attendance.
Settlement Meetings
Your solicitor will meet you at the appointed time outside Court No. 1, in the
Round Hall of the Four Courts (Dublin cases only).
Notice For Particulars
It is standard procedure in all cases for the Defendant's solicitors to furnish
us with a "Notice for Particulars." This is a document which forms one
of the pleadings and consists of a series of questions concerning your case, such
as how the accident happened, details of witnesses, the nature of the injuries
you sustained, your progress to date, details concerning your claim for loss of
earnings (if applicable), details of all expenses incurred by you as a result of
the accident, the names and addresses of your doctors etc.
When we receive the Notice for Particulars, we will send you a copy and will request that you furnish us with your written replies. It is of the utmost importance that your replies are entirely accurate and truthful. Failure to disclose a relevant fact which is requested by the defendants may seriously compromise your claim. You should furnish your replies to us in your own words and we will then re-word your replies in formal language for the purpose of putting in the formal reply.
Although much of the information requested by the Notice for Particulars will already by on our file, it would be most helpful of you would furnish your replies to all questions in any event, unless we specifically confirm that you need not reply to any particular questions. Some of the questions will be of a legal nature which we will deal with.
If you have a difficulty with any of the questions, then please pick up the telephone and give us a ring to discuss. Alternatively, you may wish to drop in to see us about the matter in which case please feel free to telephone for an appointment. When furnishing your replies to us, please at this stage also furnish us with all receipts, or copies thereof, relating to all expenses which you have incurred as a result of the accident.
Child Plaintiffs
Persons under the age of 18 years in law are known as minors or infants. Minors
may not bring proceedings in their own name. They must be represented by
a "next friend," usually one of the parents. If a minor reaches the age
of 18 years before the claim settles, then he or she can continue the proceedings
in his or her own name at that stage. 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 must be approved by the court.
Going To Court
In Circuit Court cases, your case will be presented in Court by your Barrister. In
High Court cases, you will be represented by a Senior Counsel as well as a
Barrister (Junior Counsel). A pre-Trial Consultation takes place with your Counsel
either on the day of the Trial or within a day or two previously. When arriving
for your case, it is important that you dress in a manner which shows proper respect
for the Court.
Your Barrister will lead you through your evidence, and you should ensure that you answer all questions to the best of your ability. Try to avoid giving hasty or confused replies. If you are not sure of the answer of any question, you should say so. After the examination by your own Barrister, the Defendant's Barrister will cross-examine, in an attempt to illicit details from you which may be favourable to the Defendant's case. The Judge may also have some questions. After completion of your evidence, the evidence of any other witnesses is taken in the same way. In regard to medical evidence, medical practitioners may be in attendance in Court but more usually, their evidence is admitted in the form of medical reports handed into the Judge.
When all the witnesses have been heard, and Counsel has made any relevant points to the Court, the Judge usually makes his/her decision there and then, or s/he may adjourn for a short time for consideration or, on occasions, postpone his/her judgement to another day. The judge delivers a decision on liability, and if deciding in favour of the Plaintiff, 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 or on "Quantum" (the amount of the Award). In
Circuit Court cases the Appeal to the High Court must be lodged within 10 days.
The Appeal is "De Novo," a complete re-hearing of the Trial by examination
of witnesses in the same way as in the Circuit Court.
There can be no further Appeal from the decision of the High Court. An Appeal from the High Court is made to the Supreme Court. This is a much rarer occurrence. As a general rule, the Appeal cannot be made against the decision of the lower Court on the grounds of liability, but only on "Quantum". The Supreme Court will only adjust the amount of the Award where it is significantly too high or too low.
Our Promise
Personal Injury Assessment Board (PIAB)
Since the coming into force of the Personal Injuries Assessment Boardd Act 2003,
Personal Injury Claims, with some exceptions, must be assessed by the Personal
Injuries Assessment Board (PIAB), before any Court Proceedings can be issued.
Once we have obtained the necessary medical reports, we will present your case
to PIAB on your behalf. PIAB will then notify the other side, or more usually
their Insurers, of the application. The other side has the option of consenting
to the PIAB Assessment Procedure, or of declining. If they decline, then PIAB
take no further part, and we will then issue Court Proceedings for compensation
for your injuries, loss, damage and expense. If the other side consent to the PIAB
Assessment, then PIAB will consider the medical reports furnished by both sides,
and possible (any independent reports commissioned, and it will produce a valuation
of the claim, usually within 9 - 15 months. There is no oral hearing. If you are
willing to accept the PIAB Assessment and provided the other side are willing to
pay it, then this is the end of the matter. However if either you or the other
side does not accept the Assessment, then the claim will proceed under the former
system of Court Litigation.
It should be noted that PIAB does not award any costs, so your Legal Fees must come out of the figure assessed by PIAB. The foregoing is a very brief synopsis of the workings of PIAB and needless to say, there are all sorts of diverse situations which can and do arise, and we will of course fully advise you in relation to your particular circumstance.
Road Accidents
Road accidents involving drivers, passengers, pedestrians and cyclists are
among the most common causes of personal injury claims in Ireland. Every year
more than 350 people are killed on Irish roads, approximately 900 sustain
serious injury, and a further 7,000 will receive minor injuries. If you have
been injured as a result of a road accident you might be entitled to claim
compensation if the accident was the fault of someone else. DJ Synnott Solicitors
are specialists in bringing claims for compensation for people injured in road
accidents. In the past eight years we have recovered millions in losses and
damages, a testament to our ability to achieve maximum and appropriate amounts
of compensation as quickly and efficiently as possible.
For more information or for free initial advice on a potential claim
please contact us on 1800 204060.
Work Accidents
Every year in Ireland many thousands of people are injured at work or suffer
work related illness. Common incidents involve handling, lifting, carrying,
slips, trips, falling objects, hand-tools, machinery and falls. Others are
injured as a result of the repetitive nature of their work activities or the
absence of appropriate training. In 2003 alone more than 11,000 people
brought successful occupational injury claims against their employers. An
estimated 20,000 people were absent from work for more than three days as a
result of injuries incurred in the workplace and a further 38,000 suffered illness
caused by or aggravated by their job. Whatever industry you work in it is your
employer's duty to provide a safe working environment and if they fail to do
so, you may be entitled to compensation if injuries or illnesses are sustained.
If you have suffered an accident or illness at work and think you may have a
valid case then seek legal advice immediately. Our solicitors have a
wealth of experience and expertise in health and safety legislation and can
advise you of the course of action which best suits your particular situation.
For more information or for free initial advice on a potential claim
please contact us on 1800 204060.
Public Accidents
Every year in Ireland, many thousands of people are injured as a result of
accidents in public and private places. The largest proportion of claims
relate to accidents occurring in places such as playgrounds, leisure centres,
shops and supermarkets. They often result from collisions with falling masonry,
slips on spillage, dog bites, or trips caused by poorly maintained pavements or
footpaths. If you were injured as a result of an accident in a public place,
you may be entitled to claim compensation. The law in this area can be complex
and it is important that you are provided with specialist knowledge and advice
relevant to your case. At DJ Synnott Solicitors, our expert team has considerable
expertise in this area and can advise you of the course of action which best
suits your particular situation.
For more information or for free initial advice on a potential claim please
contact us on 1800 204060.