Thousands of passengers on board airplanes are injured by no fault of their own. Many people do not think they can claim for personal injuries sustained on airplanes however this is not the case.
In recent news, it has emerged that the HSE outsourced the analysis of cervical smear tests to labs in the USA, leading to false and inaccurate results that have cost the lives of 17 women already. As women’s health has been a topical subject in recent times it continues to highlight the gross negligence on behalf of the Country’s health service that has potentially risked the lives of thousands of women.
Bernard was working as a welder at a large manufacturing plant in Tallaght, Dublin 24. On 23rd August 2015 a large and heavy metal container fell from a work bench and landed on Bernard's right ankle. Bernard suffered a nasty fracture and spent two night in Tallaght Hospital and he was out of work for six months.
Jane was driving her car from her home in Clontarf in Dublin 3 to work in Dublin City Centre. She was waiting at traffic lights and her car was stationary. Suddenly and with no warning she heard a massive bang, her airbags were deployed and she smashed into the car in front. The car was full of dust from the airbags for a few seconds.
There has been a great deal of controversy surrounding the use of the drug ‘Lariam’ with the Defence Forces and other military divisions. Lariam was used as an anti-malarial drug for soldiers serving overseas. However, the side effects of this drug have been increasingly linked to severe psychiatric symptoms suffered by many service men and women who have been deployed overseas with the Defence Forces.
The run up to Christmas is always the busiest time of year with a surge of demand for temporary staff particularly in the retail department but also for factory work. The issue we at Rogers Solicitor have witnessed come up time and time again is the amount of workplace accidents that occur at this time of year.
Choosing a Personal Injury Solicitor in Dublin is not easy. To start with, it means that you will have endured an accident and suffered an injury! Choosing a Personal Injury Solicitor in Dublin can be daunting as there are so many firms to choose from, and everyone who you speak with will have their own opinions on who to choose, who to avoid etc.
Each and every employer in Ireland is responsible for the health and safety of their employees. This is governed by statute and is a very clear and very obvious concept. The insurance is in place to cover the costs of any claims that will be made by an employee against an employer in the event of an accident that was caused by the negligence of the employer.
Rogers Solicitors recently secured another substantial High Court Settlement in relation to an accident at work claim. Our client suffered a nasty fracture to her ankle as a result of defective work equipment falling onto her ankle. It was argued by us that her employer was negligent and in breach of their duty of care towards their employee.
From our experience, many people sustain finger injuries in work and they can occur from a vast array of situations that are completely unexpected. If you injure your finger whilst at work, you should seek medical help immediately as delays could have a negative long term impact on the recovery of your finger.
There are thousands of parks across Ireland that we use as a means for leisure. Unfortunately, these parks have also lay claim to victims who suffered injuries as a result of negligent maintenance and upkeep of these parks. According to figures released by the four administrative councils in Dublin, from 2011 to 2016, more than €4 million has been award to victims in compensation from accident in these parks.
Rogers Solicitors recently settled a case in the sum of €60,000.00 at the High Court in Dublin following a very nasty accident at work.
If you wish to pursue a personal injury claim in Ireland, your solicitor will have to submit your case with the Personal Injuries Assessment Board (PIAB). This is a body that regulates personal injury claims in Ireland with the intention of reducing the number of cases going to court. The statistics for 2015 have recently been released and has produced a number of interesting points regarding the type of accidents suffered by people in Ireland.
Road traffic accidents in Dublin are a common occurrence with as many as 17 fatalities stemming from road traffic accidents in Dublin in 2015. However, this is a decrease when compared to the 29 fatalities the previous year which is a positive enforcement of safer roads. The number of injuries sustained from road traffic accidents is significantly higher in Dublin with an astounding 1,974 people injured from road traffic accidents in 2012.
On Friday a High Court Settlement was reached in the sum of €165,000 following a workplace accident in March 2014. The Plaintiff sustained life changing injuries during the course of his employment with a major international airline after he slipped on grease that was negligently present on the floor of the aircraft during disembarkment at Paris Charles De Gaulle Airport.
Construction sites are extremely dangerous places of work and require rigorous health and safety training and inspections to ensure it is safe to visit and work on. Unfortunately, the level of fatalities in the construction industry remains consistent with 3 fatalities in Ireland already reported for 2017. However, if you have suffered an injury as a result of an accident at work on a building site, then we will list out the things that you should do in order to help secure compensation for your injuries.
A substantial amount of cases that we deal with here at Rogers Solicitors are road traffic accidents, particularly rear end collisions. According to figures from the Injuries Board, these are by far the most common type of Personal Injury claim pursued in Ireland.
In personal injury cases, the burden of proof rests on the Plaintiff to prove, on the balance of probabilities, that the Defendant was negligent. In the instance of the Defendant, this is perhaps more difficult to defend against as the Plaintiff need only secure a 51% probability in his favour that the Defendant was negligent. To exemplify the successfulness of these cases in favour of the Plaintiff, if you juxtapose a civil action with a criminal action, the prosecution must prove that the Defendant is guilty beyond reasonable doubt. The extent of this heightens the threshold required in criminal cases as opposed to civil actions.
The chemical trichloroethylene, which has subsequently been banned by the European Union in 2016, is an extremely dangerous chemical that has an extensive list of health implications to those who have long term exposure to it. Whilst the dangers of it can no longer affect people, those who have been exposed to it, particularly for several years, may have contract irreversible health defects that could significantly shorten their life or subject them to an array of health problems.
The Government have released statements that address the growing tension between the legal profession and the insurance industry, with the latter holding victims who sustained personal injuries culpable of the rise in insurance premiums. The proposals by the Government are to engage a commission to study personal injury awards, the effect of which will allow them to analyse the compensation awarded for injuries within Ireland compared to other jurisdictions.
The Health and Safety Authority [HSA] has released figures to exemplify the dangers that arise amongst the farming population which they summated as ‘the fatality rate in agriculture is far higher than any other economic sector.’1 The most worrying aspect of this contention is that the agriculture sector is significantly diminutive when juxtaposed with other economic sectors. Furthermore, the HSA acclaim that the attitude of farmers towards safety is only altered after a serious accident is experienced firsthand which is an alarming statement. The number of fatalities that occurred within the agricultural community within Ireland in 2016 tallied 21 people. Conversely, when compared to non-fatal injuries within agriculture, it was reported that in 2015 there were only 88 recorded injuries which is relatively low compared to the highest contributor which was the health and social work sector tallying 1,490.
The insurance industry has grown even more hostile towards those who decide to claim against their insured in order to obtain compensation. Many victims, who are involved in road traffic accidents mainly, are at the forefront of abuse generated by the insurance industry that scapegoat their claims for compensation as the primary reason for increased premium prices.
The Book of Quantum is an authoritative guide that provides Solicitors and Claimants with an idea of the level of compensation that can be expected in relation to the injury sustained. It should be noted that this only provides a rough estimate that should not be considered exact as your solicitor will have a better understanding as to what your case is worth. When a case is submitted with the Injuries Board, the Book of Quantum helps assess the value of your case, but in a practical terms, it is dependent on the individual circumstances of your case. Notably, a great deal of cases may settle outside of the Injuries Board or the solicitor may feel that the amount awarded is simply not enough in which case an authorisation letter will be issued and the case will exit the Injuries Board process.
Being involved in an accident often causes you to suffer both physically and financially, which was usually caused by someone else’s negligent actions. If you seek to instigate legal proceedings against someone who caused you to suffer an injury, within the law, they may too have grounds for redress. Contributory negligence is a defence that reverses the burden of proof onto the defendant. The requirements for this defence are to demonstrate that the claimant did not take proper care to ensure their own safety and that because of this failure, it too contributed to the damage endured.
The law surrounding injuries sustained by an animal, namely, a dog, is an area which is less straightforward as opposed to other areas of personal injury claims. The main piece of statute that governs this aspect of law is the Control of Dogs Act 1986, in particular, Section 21.
The Injuries Board is an independent statutory body that was set up under the Personal Injuries Assessment Board Act 2003. The effect of this dictates that each personal injury case that occurs within the Republic of Ireland must be submitted to the Injuries Board who will then assess the claim.
Health and safety within the workplace is of paramount importance, however, the severity of failing to implement sufficient health and safety regulations can vary depending on the area of the work. A role within an office can provide less risk as opposed to that of a factory worker who may deal with heavy and dangerous machinery.
There are a number of contributing factors that may alter the correct protocol a person must follow if they are involved in a road traffic accident. Firstly, if the accident is more serious in nature, then no vehicle involved should be moved. However, depending on the level of severity, the vehicles may be moved in order to not cause an obstruction on the road. If this does occur, those involved should make every effort to attempt to photograph the incident and the damage that was caused.
The law with regards to Deliveroo cyclists is ambiguous and an area of law that many are perhaps uninformed about and potentially at risk as a result of this. Those who deliver for Deliveroo are technically not employed by the company, but rather, self-employed. Therefore, the implications that arise from this are that if you are injured whilst delivering goods on behalf of Deliveroo, there is no legal demand that requires them to pay you sick pay whilst you are off work.
There has been a surge in recent years in people opting to use a bicycle as their preferred method of transport. However, there are certain dangers associated with cycling that can unfortunately lead to accidents on our roads. Whilst the number of fatalities has decreased from 19 in 2015 to 3 this year, there are even greater injuries that occur to cyclists annually with approximately 611 injuries recorded in 2012.
Those who have suffered an accident at work may be apprehensive, particularly when they have to instigate legal action against their employer to achieve compensation. Regardless of the length of your employment, it is unlawful to terminate your employment if the sole reasoning for doing so is due to you instigating a personal injury claim against your employer.