The Bolam Test Revisited: The Legal Standard for Medical Negligence Claims

When it comes to medical negligence claims, one of the most important legal principles is the Bolam test. This test determines whether a healthcare professional has breached their duty of care by failing to meet the standard expected of a competent practitioner.

What Is the Bolam Test?

The Bolam test originates from the landmark case of Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. In this case, the court held that:

“A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art.”

In simpler terms, a medical professional is not considered negligent if their actions are supported by a responsible body of medical opinion, even if other professionals would have acted differently.

Key Elements of the Bolam Test

To apply the Bolam test, courts consider:

  • Whether the medical practitioner acted in accordance with a recognised and accepted practice within the relevant field of medicine.
  • Whether that practice is supported by a responsible body of medical opinion, not necessarily the majority, but one that is credible and competent.

This means that medical judgment is protected, provided it is based on sound medical reasoning and is not outside the bounds of accepted practice.

Why the Bolam Test Matters

The Bolam test is crucial because it recognises that medicine is not an exact science. Doctors often face complex decisions with no single “correct” answer but must act quickly and decisively. The test ensures that professionals are judged fairly, based on the standards of their peers, rather than with the benefit of hindsight.

It also means that a poor outcome does not automatically mean negligence. What matters is whether the care provided was reasonable and consistent with accepted medical standards at the time.


The Bolitho Addendum: Logical Scrutiny

The Bolam test was later refined by the House of Lords in Bolitho v City and Hackney Health Authority [1997] AC 232. This case introduced an important qualification:

Even if a body of medical opinion supports the doctor’s actions, the court must be satisfied that the opinion is logically defensible.

This is known as the Bolitho test, and it allows courts to reject expert medical opinion if it is deemed illogical, outdated, or indefensible. It ensures that the Bolam test is not a shield for poor or irrational medical practices.


Applying the Test: An Example from McGovern v Sharkey

In the Northern Ireland High Court case McGovern v James A Sharkey and Belfast Health & Social Care Trust [2014] NIQB 117, the plaintiff alleged that a delay in diagnosing and treating a retinal detachment led to permanent vision loss.

The court applied the Bolam and Bolitho principles and found:

  • The treating consultant’s diagnosis and treatment plan were supported by a responsible body of medical opinion.
  • The medical decisions were logically defensible, even though the outcome was poor.
  • Therefore, no negligence was established.

This case highlights how the Bolam test protects medical professionals who make reasonable decisions, even in complex or uncertain clinical situations.


Conclusion: The Bolam Test in Medical Negligence Law

The Bolam test remains a cornerstone of clinical negligence law in the UK. It ensures that healthcare professionals are judged according to the standards of their peers, not by unrealistic expectations or hindsight.

If you believe you’ve been affected by substandard medical care, it’s essential to seek legal advice from a solicitor experienced in clinical negligence. Our team can help assess whether your case meets the legal threshold under the Bolam and Bolitho tests.  Use our online portal to discuss your case with us.

Do I Need to Go to Hospital to Make a Whiplash Claim in Northern Ireland?

If you’ve suffered whiplash in a road traffic accident, one of the first questions you might have is:

“Do I need to go to hospital to make a whiplash claim in Northern Ireland?”

The short answer is no – attending hospital is not a legal requirement to bring a personal injury claim. Indeed, it is not a legal requirement to seek any form of medical intervention before making a claim for compensation.

At Lacey Solicitors, we specialise in whiplash injury claims across Belfast and Northern Ireland. In this article, we explain what medical evidence matters, how a solicitor can support your case, and what steps to take after an accident to secure the compensation that you are entitled to.


Your Health Is The Priority After a Car Accident

At Lacey Solicitors, we always stress that your health is the top priority. Litigation and claims for compensation should be an afterthought.

According to the NHS, whiplash is a soft tissue injury to the neck caused by sudden movement of the head, most commonly in road traffic collisions, falls, or sports injuries.

Symptoms of whiplash may include:

  • Neck pain and stiffness

  • Difficulty moving your head

  • Headaches

  • Pain or muscle spasms in the shoulders or arms

  • Delayed onset – symptoms may take hours to appear


Do I Need to Go To Hospital?

We fully understand that not every injury following a road traffic accident warrants an emergency hospital visit. The NHS is under serious pressure, and many A&E departments across Northern Ireland are experiencing significant delays and limited resources. That’s why, at Lacey Solicitors, our advice is always to “self-assess” your symptoms carefully and consider what level of medical attention is most appropriate.

The NHS recommends the following if you are suffering from whiplash:

  • Take painkillers, such as paracetamol or ibuprofen, to help with pain

  • Try to continue doing everyday activities – it might hurt a little but it will speed up your recovery

The NHS only recommends that you attend hospital if you have injured your neck and experience any of the following:

  • Severe pain despite taking paracetamol or ibuprofen

  • Tingling or pins and needles on one or both sides of your body

  • Problems with walking or sitting upright

  • A sudden “electric shock” feeling in your neck and back which may also go into your arms and legs

  • Weakness in your arms or legs

It may be more appropriate to seek advice from a GP or pharmacist in the first instance. This approach not only eases pressure on emergency services but also ensures you receive the right level of care for your situation.

In many cases, you may not need to attend A&E at all. Instead, ask yourself:

  • Can the injury be managed with over-the-counter painkillers like paracetamol or ibuprofen?

  • Would it be more suitable to wait for a GP appointment within a few days?

  • Could it be addressed through physiotherapy, even if there’s a delay of several weeks or months for an appointment?

  • Is it safe and reasonable to monitor the symptoms at home in the short term?


Do I Have to Have the Accident Recorded?

Seeking some form of medical attention – even a brief GP visit – can result in useful documentation that may later support a compensation claim. On some occasions, it may prove beneficial that the injury was recorded and treated appropriately.

However, there is no legal requirement to attend hospital or your GP to have the accident recorded in order to bring a whiplash injury claim in Northern Ireland.

You will need medical evidence to support your case, but an independent medical examination will always be arranged by your solicitor.


Why Medical Evidence Can Be Useful in Whiplash Claims

To bring a successful personal injury claim, you need to prove:

  • That you were injured

  • That the injury was caused by the accident

Medical records are a helpful way to establish both. They also help demonstrate the severity of your symptoms, how they have affected your life, and how long your recovery is likely to take. This can influence the amount of compensation you receive.


How Your Solicitor Helps – Independent Medical Examination

As part of your claim, regardless of whether or not you attended your GP or hospital, your solicitor will arrange an independent medical examination with a specialist consultant. This is a standard step in all personal injury and whiplash compensation claims in Northern Ireland.

During the assessment, the consultant will:

  • Discuss how the accident happened

  • Review your symptoms and how they’ve developed

  • Ask about medical treatment you’ve had – such as attending A&E, seeing your GP, undergoing physiotherapy, or taking medication

  • Review your medical history

  • Examine your current condition

  • Provide a prognosis – an opinion on how long your symptoms may last and whether any long-term impact is expected

This report plays a central role in negotiations with the at-fault party’s insurer and will be used to help value your claim. Your solicitor will manage the entire process on your behalf and ensure that all necessary evidence is gathered to present the strongest case possible to make your whiplash claim in Northern Ireland.

If you did not seek medical intervention and there is no medical documentation, then an insurer may argue that your injuries were not serious or were unrelated to the accident. Similarly, if you did not take any time off work, they may argue that you were fine.

An experienced personal injury solicitor dealing with whiplash claims in Northern Ireland should always be able to counter these arguments, and Lacey Solicitors are well versed in these matters.


Experienced in Both Personal Injury Claims and Insurance Defence

At Lacey Solicitors, we are uniquely positioned as expert road traffic accident lawyers dealing with whiplash claims in Northern Ireland. We act for both major insurers defending personal injury claims as well as injured individuals seeking to claim compensation.

When defending a case on behalf of an insurer, one of the first areas we investigate is the medical treatment the claimant has received following the accident. This includes reviewing A&E records, GP notes, and any physiotherapy or other care. Medical records can be extremely useful in substantiating the claim, but it would be wrong to say that if there are no medical records, an individual cannot succeed in a claim.


Some Real Life Examples for Whiplash Claims in Northern Ireland

  • We acted for a well-known A&E Consultant who did not seek any medical treatment following his accident. The insurance company suggested that any injury would have been minimal given the lack of treatment sought. We argued that our client, an A&E Consultant and Head of an A&E department in Belfast, was well aware of the treatment he required and managed it personally. The insurance company ultimately accepted our argument and settled the case.

  • We acted for a PSNI officer who, as a result of a road traffic accident, lost confidence in driving and wanted to bring a claim for psychiatric injury. He did not seek medical intervention. The insurance company made the usual arguments. We explained that he did not seek medical intervention because he was seeking a promotion at work and any record of psychiatric difficulties could have negatively affected this. The insurance company accepted our argument and settled the case.

  • We acted for a lady involved in a very low-speed accident who suffered an injury. She did attend hospital and was prescribed extremely strong painkillers, but this attendance was not noted anywhere. The insurance company made no offer, suggested she did not attend hospital, and argued it was a low velocity accident unlikely to cause injury. We took the matter to hearing in Belfast and were successful, with the judge awarding her £11,000.


Whiplash Solicitors Belfast – Why Choose Lacey Solicitors

At Lacey Solicitors, we specialise in personal injury and road traffic accident claims, including complex whiplash cases and soft tissue injuries. We have offices in Belfast and Dublin, with dual-qualified solicitors who can handle claims across both Northern Ireland and the Republic of Ireland.

We offer:

  • Free initial consultations

  • Clear, practical legal advice

  • A strong track record in settling whiplash claims fairly

  • Support with gathering medical evidence and dealing with insurers


Conclusion on Attending Hospital for Whiplash Claims in Northern Ireland

You are not required to attend hospital or seek medical treatment to make a whiplash claim in Northern Ireland, but medical evidence can be helpful. In all cases, consider what type of treatment you require—from A&E visits to over-the-counter medication. Once your health is under control, a solicitor can help you take the next steps in pursuing compensation and arrange an independent medical examination.

If you’ve been in a road traffic accident and are unsure about what to do next, contact Lacey Solicitors using our online form, and an expert personal injury solicitor will be in touch soon.

Medical Negligence Claims. The Difference in Northern Ireland and the Republic of Ireland

Legal Advice on Medical Negligence Claims from Lacey Solicitors – Dual-Qualified in Belfast and Dublin

When you visit a hospital, GP, or healthcare clinic, you place your trust in medical professionals to provide safe, skilled, and compassionate care. Thankfully, that trust is well-placed in the vast majority of cases. Both our NHS and private healthcare systems are staffed by highly trained doctors, nurses, and specialists who work under intense pressure to deliver the best possible outcomes.

But when something goes wrong, and that care falls below acceptable standards — resulting in injury, illness, or loss — it may give rise to a medical negligence claim.

At Lacey Solicitors, our team of dual-qualified medical negligence solicitors in Belfast and Dublin has extensive experience handling complex claims across both jurisdictions. Whether your case involves NHS care in Northern Ireland, or a hospital in the Republic of Ireland, we are here to provide clear, confident legal advice.


What Is Medical Negligence?

Medical negligence, also known as clinical negligence, occurs when a healthcare provider fails in their duty of care and causes avoidable harm. Legally, two key elements must be proven:

  • Breach of Duty – The standard of care was below that expected of a reasonably competent medical professional.
  • Causation – This breach directly caused the patient’s injury, deterioration, or loss.

Common examples of clinical negligence include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Incorrect medication or treatment
  • Failure to obtain informed consent
  • Poor aftercare or failure to monitor post-surgery

Why Are Medical Negligence Cases So Complex?

Unlike accidents at work or road traffic collisions, clinical negligence cases are medically technical and legally challenging. A poor outcome alone is not sufficient to prove negligence. Instead, the patient must demonstrate that:

  • The treatment received was substandard compared to a reasonable professional standard, and
  • That substandard treatment caused the harm, not just the underlying condition or its progression.

This requires in-depth analysis and expert medical opinion — both of which Lacey Solicitors can arrange as part of your claim.


The Legal Standard in the UK: The Bolam and Bolitho Tests

In Northern Ireland, the courts apply the Bolam Test, which originated from the landmark 1957 case Bolam v Friern Hospital Management Committee. Under this test:

A medical professional is not negligent if their actions are supported by a responsible body of medical opinion, even if other professionals disagree.

However, the Bolitho decision (1998) added an important condition: the expert opinion relied upon must also be logical and defensible. It is not enough that a group of doctors agree — their reasoning must be sound and based on best practice.


Informed Consent and Modern Patient Rights

Another critical development in medical negligence law is the emphasis on informed consent. In Montgomery v Lanarkshire Health Board (2015), the UK Supreme Court ruled that:

Doctors must inform patients of any material risks that a reasonable person would want to know.

This overturned older practices where doctors might withhold information under the notion of “therapeutic privilege.” Today, patient autonomy is central — and failing to obtain informed consent may itself amount to negligence.


The Irish Legal Test: The Dunne Principles

In the Republic of Ireland, the legal threshold is slightly different. The leading authority is the 1989 case Dunne v National Maternity Hospital, which states:

A medical professional is negligent if they acted in a way that no equally qualified professional would have, if exercising ordinary skill and care.

This standard was confirmed as recently as 2020 in Morrissey v HSE & Others and remains the cornerstone of Irish clinical negligence law. It sets a higher bar than NI’s Bolam/Bolitho test, making expert witness support even more essential in Irish cases.


The Role of Expert Medical Evidence

At Lacey Solicitors, we work with experienced, independent medical experts who can:

  • Assess whether the care fell below standard
  • Provide insight into whether this breach caused harm
  • Explain whether alternative treatment could have prevented the outcome

Their reports form the foundation of your case and are essential to success.


Time Limits: Don’t Miss the Deadline

Strict time limits apply to medical negligence claims:

  • Northern Ireland: You must start legal proceedings within 3 years of the date of negligence, or the date you first became aware of it.
  • Republic of Ireland: The limitation period is generally 2 years.

To avoid losing your right to claim, we recommend seeking legal advice as soon as possible.


Why Choose Lacey Solicitors for a Medical Negligence Claim?

With offices in Belfast and Dublin, Lacey Solicitors offers a unique cross-border service. Our dual-qualified team understands the differing laws, procedures, and court systems in both the NI and ROI — a vital advantage in medical negligence cases that involve treatment across jurisdictions.

We can help you with:

  • NHS and HSC Trust medical negligence claims
  • Private hospital treatment failures
  • GP misdiagnosis or delayed referral
  • Birth injury or paediatric claims
  • Cross-border or international healthcare issues

Our Approach to Medical Negligence Claims

✅ We listen carefully to your story
✅ We explain your legal options in plain English
✅ We gather the necessary medical evidence and reports
✅ We fight for fair compensation and justice in your medical negligence claim


Contact Lacey Solicitors Today

If you or a loved one has suffered due to medical negligence in Northern Ireland or the Republic of Ireland, we are here to help.

📧 Email: info@laceysolicitors.com
🌐 Website: www.laceysolicitors.com

Trust our experience. Let us help you move forward.

Dog Bite Claims in Northern Ireland – Get the Compensation You Deserve

Dog bite claims in Northern Ireland and the Republic of Ireland are undoubtedly on the rise.  If you or a loved one has been bitten by a dog in Northern Ireland, you may be entitled to compensation for your injuries. At Lacey Solicitors, we are recognised as leading personal injury and insurance lawyers, and we have extensive experience helping victims of dog attacks secure the compensation they deserve.


Rise in Dog Attacks Across Northern Ireland

Dog bite incidents are becoming more common across the UK and Northern Ireland. A significant rise in attacks has been attributed to unsocialised “pandemic puppies”—dogs acquired during the COVID-19 lockdown period with limited exposure to other people and animals.

In fact, Northern Ireland ranks as the third worst area in the UK for dog attacks on postal workers, with nearly 50 incidents recorded between 2020 and 2021. And this doesn’t even include attacks that resulted in GP visits or unreported incidents.

The increasing number of serious injuries—including those suffered by children, postal workers, tradespeople, and pedestrians—is deeply concerning. At Lacey Solicitors, we understand the physical and psychological toll of such injuries and are committed to helping victims through every stage of the legal process.


What Are Your Legal Rights After a Dog Bite?

In Northern Ireland, the law is clear. Under the Dogs (Northern Ireland) Order 1983, the keeper of a dog (not just the owner) is civilly and criminally liable if the dog attacks another person. If you’ve been bitten, you can bring a claim for damages—even if:

  • The dog had never attacked anyone before

  • The dog was on a lead

  • The attack took place in a public or private space

  • The dog did not bite but caused injury by knocking you over

It is also important to know that a dog does not have to bite to create liability. If the dog’s behaviour caused fear or led to an accident (e.g., knocking someone down or causing a road traffic accident), the keeper may still be held responsible.


Common Defences to Dog Bite Claims

There are a few defences a dog keeper might raise, such as:

  • The injured party provoked the dog

  • The injured party was negligent (e.g., approaching the dog unsafely)

  • The dog was under the control of another responsible person at the time as seen in th 1987 Northern Ireland case of Morrison v Miller.

For example, in the Northern Ireland case Neeson v Acheson (2008), a claimant who was bitten on the face received £6,000 in compensation, reduced by £2,000 due to her own contributory negligence.  The court found that Acheson was liable under the statute as the keeper of the dog, but also considered contributory negligence on Neeson’s part.Despite Neeson’s familiarity with the dog, her action of putting her face close to the dog was deemed foolish, contributing to the incident. The court concluded that the primary cause of the injuries was the unexpected reaction of the dog.


Types of Dog Attack Claims We Handle

At Lacey Solicitors, we represent clients in a wide range of dog-related injury cases, including:

  • Bites and lacerations

  • Facial and bodily scarring

  • Fractures caused by being knocked over

  • Psychological trauma and dog phobia

  • Injuries to children

  • Dog attacks on workers, including postal and delivery staff


How Much Compensation Can I Claim for a Dog Bite Claim in Northern Ireland?

Compensation for a dog bite in Northern Ireland is typically calculated using the Green Book—the official guidelines for personal injury matters in Northern Ireland. The value of your claim will depend on:

  • The severity of your injuries (physical and psychological)

  • Any permanent scarring (especially to the face)

  • Medical expenses (past and future)

  • Loss of earnings

  • Care costs

  • Travel and rehabilitation expenses

At Lacey Solicitors, we work tirelessly to ensure every aspect of your loss is accounted for and that you receive maximum compensation.


What Should You Do After a Dog Attack?

If you or someone you know has been bitten by a dog, take the following steps:

  1. Seek immediate medical attention

  2. Obtain the contact details of the dog’s owner or keeper

  3. Take photographs of your injuries, the dog, and the scene

  4. Report the incident to the police

  5. Get contact details for any witnesses

  6. Record your version of events while it is fresh in your mind

  7. Contact Lacey Solicitors for legal advice


Do I Have a Time Limit to Claim?

Yes. In Northern Ireland, you typically have three years from the date of the incident to bring a personal injury claim. For children, the three-year time limit begins when they turn 18.


Frequently Asked Questions about Dog Bite Claims in Northern Ireland

 

Can I claim if the dog was on a lead?

Yes. Being on a lead does not remove the owner’s responsibility if the dog bites or causes harm.

What if I was knocked down but not bitten?

You may still be entitled to compensation. Injuries caused by a dog’s behaviour—even without a bite—can form the basis of a claim.

Is the owner liable if the dog has never bitten before?

Yes. There is no requirement for the dog to have a history of aggression.

Can I claim if I was working when the dog bit me?

Yes. Workers such as postal staff, carers, and delivery drivers are among the most frequently injured by dogs. You can bring a claim even if you were on private property.

Will home insurance cover my claim?

In many cases, the dog owner’s home insurance policy may cover the claim. We will investigate all available insurance options when handling your case.


Why Choose Lacey Solicitors for Dog Bite Claims in Northern Ireland?

Lacey Solicitors are trusted experts in insurance and personal injury law across Northern Ireland. We provide:

  • Specialist legal advice from experienced solicitors

  • Clear and compassionate communication throughout your case

  • A no-nonsense approach to recovering compensation quickly and effectively

  • Support in gathering evidence and dealing with insurers

  • Representation in court if required

You don’t have to suffer in silence. If you’ve been injured by a dog, we are here to help.


Contact Lacey Solicitors Today

To speak with a member of our dedicated personal injury team, call us today on 028 90896540 or email info@laceysolicitors.com. Alternatively, you can fill out our online enquiry form and a solicitor will contact you shortly.

Let Lacey Solicitors help you secure the compensation you deserve.

 

Finegan v. McDonald [2025] and Conflicting Expert Evidence in Personal Injury Claims in NI

The recent case of David Finegan v. Margaret McDonald [2025] NIKB 14 highlights a key challenge in personal injury claims: the difficulty of navigating conflicting expert evidence, especially when it concerns multiple heads of claim, such as psychological injuries (including Post-Traumatic Stress Disorder, or PTSD) and financial loss. The outcome of this case offers valuable insights for personal injury solicitors, insurers, and Plaintiffs, underscoring the critical role expert evidence plays in determining the outcome of such claims. This decision, handed down by Colton J, highlights the importance of assessing not only the credibility of the Plaintiff’s evidence but also the weight given to differing expert opinions on complex psychiatric and financial issues.

A significant aspect of the defence, was that the account of the Plaintiff and his injuries lacked credibility. This primarily centred around the plaintiff’s claim for psychiatric injury and loss of earnings. As such, the case sheds light on the challenges faced by the courts when evaluating psychiatric conditions, which are often subjective and difficult to prove—such as PTSD—as well as assessing financial losses, particularly where claims are speculative or based on uncertain business projections. The court’s reasoning, the weight placed on competing expert reports, and the final decision on damages provide valuable guidance for how such cases may be approached in the future.

 

The Accident: An Overview of the Incident

 

On 27 January 2019, David Finegan was involved in a road traffic accident at the junction of Millennium Way and Union Street in Lurgan. As he drove through a traffic light-controlled junction, his car was struck by a vehicle driven by Margaret McDonald. The collision was severe, and Finegan was left trapped inside his vehicle, fearing for his life. While he sustained physical injuries, it was the psychological trauma following the incident and the ensuing loss of earnings that became the primary focus of the case, resulting in a complex legal battle.

The plaintiff’s claim therefore consisted of three key elements:

  1. General damages for physical injuries,
  2. General damages for psychiatric injury and,
  3. Special damages for loss of earnings/opportunity.

 

First things First: Soft Tissue Injuries

 

Finegan sustained soft tissue injuries to his right wrist, knee, and lower right leg, which were initially treated by his GP.  The physical aspect of the case was overshadowed by the psychological claims that emerged later. The court awarded £7,500 for the physical injuries, but the focus shifted to the psychiatric injury Finegan claimed was caused by the accident.

 

Expert Evidence: The Crux of the Dispute

 

The case largely hinged on conflicting expert opinions regarding Finegan’s psychiatric condition and financial loss. Expert evidence often plays a pivotal role in personal injury cases involving psychological harm and financial claims, and the differing opinions from the two psychiatrists and the opposing financial experts presented significant challenges for the court.

There was a fundamental disagreement between the consultant psychiatrists retained by the parties: Dr Mangan, representing the plaintiff, and Dr Chada, representing the defendant. Both experts are well-known to insurance and personal injury solicitors in Northern Ireland. The court received several detailed reports from each psychiatrist, and the initial hearing had to be adjourned to allow further reports to be prepared. The court heard from both psychiatrists on two separate occasions.

 

Dr. Mangan’s Reports: Support for PTSD Diagnosis

 

Dr. Mangan’s reports concluded that Finegan suffered from PTSD, triggered both by the accident and his previous traumatic experiences during military service. Dr. Mangan’s assessment was based on multiple consultations with Finegan and a thorough examination of his medical history, which included exposure to trauma during his military career.

 

Key Findings in Dr. Mangan’s Reports:

 

  • Previous Trauma: Dr. Mangan identified Finegan’s military experiences as significant contributors to his vulnerability to PTSD.
  • Symptomatology: Dr. Mangan reported that Finegan exhibited classic PTSD symptoms, such as flashbacks, hypervigilance, and avoidance behaviours, which worsened after the accident.
  • Diagnosis: Dr. Mangan’s diagnosis linked the road traffic accident as a critical factor in reactivating Finegan’s latent PTSD symptoms.

 

Dr. Chada’s Reports: Alternative Diagnosis of Adjustment Disorder

 

In contrast, Dr. Chada provided a conflicting diagnosis. She acknowledged that Finegan had experienced psychological distress following the accident, but argued that his symptoms were more in line with an adjustment disorder than PTSD. Dr. Chada attributed Finegan’s psychological struggles primarily to the financial pressures he faced, which were exacerbated by the ongoing litigation.

 

Key Findings in Dr. Chada’s Reports:

 

  • Absence of PTSD Symptoms: Dr. Chada contended that Finegan did not exhibit the hallmark PTSD symptoms, such as re-experiencing traumatic events or hypervigilance.
  • Adjustment Disorder: She suggested that Finegan’s difficulties were more indicative of an adjustment disorder, influenced largely by his financial situation and stress related to the accident, rather than a deeply rooted psychiatric condition like PTSD.

The Court’s Handling of Conflicting Psychiatric Expert Evidence

 

The conflicting expert reports posed a challenge for the trial judge, who needed to determine which diagnosis was most likely to explain Finegan’s psychological state. Furthermore, the court had to weigh conflicting evidence, inconsistencies, and whether any inconsistency represented a ‘material inconsistency.’

 

Psychiatric Injury: Weighing the Expert Evidence in Personal Injury Claims

 

  1. Preference for Dr. Mangan’s Diagnosis: Judge Colton ultimately favoured Dr. Mangan’s opinion over Dr. Chada’s, citing the thoroughness of his assessments and the consistency of his diagnosis with other medical records. Dr. Mangan had assessed Finegan on five separate occasions, and his findings were supported by other healthcare professionals involved in Finegan’s treatment.
  2. Timeliness and Consistency: The court noted that Finegan had sought medical help within six months of the accident, which was consistent with the onset of PTSD. This was an important factor in confirming the link between the accident and Finegan’s psychological condition.
  3. Dr. Chada’s Focus: The judge noted that Dr. Chada focused excessively on inconsistencies and exaggerations in Finegan’s symptoms. While the court acknowledged that Finegan had exaggerated his symptoms in his PIP application for financial gain, it felt that Dr. Chada placed too much emphasis on the financial pressures Finegan was experiencing, which seemed to overshadow the evidence of a deeper psychological injury. While the court accepted that financial stress contributed to Finegan’s condition, it was not considered the primary cause of his PTSD.

 

Awards for Psychiatric Damage in Northern Ireland

 

Insurance and Personal Injury practitioners will appreciate that there exist Guidelines for the Assessment of General Damages in Personal Injury Claims in Northern Ireland.  In cases involving psychiatric damage, the severity of the injury typically dictates the level of compensation. Key factors include the impact of the injury on daily life, work, relationships, treatment progress, and prognosis. The compensation ranges for psychiatric damage are as follows:

 

  • Severe Psychiatric Damage:
    • Significant problems across various factors with a poor prognosis.
    • Compensation: £100,000 – £250,000.
  • Moderately Severe Psychiatric Damage:
    • Significant issues but with a more optimistic prognosis than severe damage.
    • Compensation: £60,000 – £150,000.
  • Moderate Psychiatric Damage:
    • Issues present, but marked improvement by trial with a good prognosis.
    • Compensation: £15,000 – £60,000.
  • Minor Psychiatric Damage (including adjustment disorders):
    • Compensation for personal injury claims based on the length of disability and impact on daily activities or sleep:
      • Full recovery within 12 months: Up to £10,000.
      • Full recovery within 12-24 months: Up to £20,000.
      • Minor effects: Up to £20,000.

 

Appropriate Diagnosis and Assessment of General Damages for Personal Injury Claims involving Psychiatric Injury

 

The judge emphasised that, while the diagnosis is important, the more significant factor in assessing damages in personal injury  claims is the impact the condition has had on the plaintiff’s daily functioning and lifestyle. Finegan’s ability to work had been notably affected, though he sought medical help, which was beneficial. While he remained vulnerable to future setbacks, the judge believed that resolving the case should lead to improvement. The psychiatric damage suffered by Finegan was considered moderately severe, regardless of whether it was diagnosed as PTSD or general psychiatric injury. As a result, the judge awarded £65,000 in damages for Finegan’s psychiatric injury.

 

Financial Loss and Loss of Earnings in Personal Injury Claims: Conflicting Evidence

 

The dispute over Finegan’s financial loss was equally contentious, with experts divided on the extent of his lost earnings and the future potential of his consultancy business.

  1. Claim for Financial Loss and Loss of Opportunity: Finegan claimed that the accident had prevented him from progressing his consultancy business, David Finegan Consulting Limited, which had been focused on advising businesses tendering for high-value public and private sector contracts. He was also developing a subscription-based online business model for training and consultancy services. However, after the accident, these plans stalled, and Finegan argued that the crash severely affected his ability to develop the business and maintain his income. At the time of the accident, he had already made progress on developing this business model and sought compensation for the loss of this opportunity, supported by expert testimony from Mr David Vincent, who estimated a potential loss of income between £544,171 and £824,728 based on the likelihood of success in the digital business.
  2. Loss of Earnings: The plaintiff’s evidence showed that, prior to the accident, his income had already begun to decline due to personal circumstances, particularly his role in caring for his seriously ill brother. His consultancy earnings had dropped from £70,000-£79,000 per year between 2015 and 2017 to £52,000 in 2018. Finegan argued that, had the accident not occurred, his earnings would have remained at or near the 2017 level.

 

Conflicting Financial Expert Opinions

 

The plaintiff’s expert, ASM Accountants, calculated a total loss of earnings from 2019 to retirement (age 68) at £210,396, including both past and future losses, as well as therapy costs. However, the defendant’s expert, Harbinson Mulholland, disputed this claim, proposing a more modest loss range based on a 12-24 month period, suggesting a maximum loss of £102,305.

 

Key Disputes in Financial Evidence:

 

  • Speculative Business Loss: The defence argued that the plaintiff’s claims about the online subscription business were speculative. They pointed out that the failure rate for new businesses, particularly digital start-ups, was high, and the predicted future income was unrealistic. The court was not persuaded by the expert testimony forecasting substantial future income from the business model, leading to a dismissal of the business loss claim.
  • Declining Income Prior to the Accident: The defence also highlighted Finegan’s pre-accident decline in earnings, which weakened his argument that his business would have performed better had the accident not occurred. Finegan’s own history of decreasing earnings, largely due to his caregiving responsibilities for his brother, was a crucial factor in undermining his claim.
  • Psychiatric Condition’s Impact on Earnings: While the plaintiff’s psychiatric condition was acknowledged, the defence questioned the extent to which it had affected his ability to work. Cross-examination of the plaintiff’s medical experts raised doubts about the degree of incapacity caused by the accident. Ultimately, the court accepted that Finegan’s condition had impacted his work but found that the loss of earnings was not as significant as the plaintiff had claimed.

 

The Court’s Decision on Financial Loss

 

The court, while recognising that Finegan had suffered from psychiatric issues and had difficulty resuming work, ultimately awarded a more conservative amount for loss of earnings. The court was not persuaded by the claim for loss of opportunity, finding the business projections speculative. In what was evidently a robust and effective cross-examination by David Ringland KC, the plaintiff’s expert accepted the high failure rate of new digital businesses and the lack of clear evidence about funding or any concrete steps toward launching the service.

Based on the actual income presented and factoring in the prior decline in earnings, the court determined the potential future earnings to be in the range of £20,000 to £25,000, awarding £67,500 for loss of earnings over a period of three years and two months (from January 2019 to April 2022).

 

Conclusion: The Role of Conflicting Expert Evidence in Personal Injury Claims

 

The Finegan v. McDonald case demonstrates how conflicting expert evidence can shape the outcome of personal injury claims, particularly in cases involving psychological harm and financial loss. The court had to carefully navigate the competing expert opinions, giving weight to the more credible and consistent reports. In the end, while the court acknowledged the impact of both the psychological injury and the plaintiff’s financial struggles, it awarded more conservative amounts for each, reflecting the realistic potential for income and the nuanced nature of the Plaintiff’s injuries.

 

Road Traffic Accidents in Belfast: Your Obligations

Do I Need to Report a Road Traffic Accident? | Road Traffic Accident Solicitors in Belfast

 

If you’ve been involved in a road traffic accident in Belfast, it’s important to understand your legal obligations, including when and how to report the incident. As specialist road traffic accident solicitors in Belfast, we’re here to guide you through the process, ensuring that you comply with the law while protecting your rights.

 

When Do You Need to Report an Accident?

 

You must report a road traffic accident if damage is caused to anything other than your vehicle or its contents. This includes other vehicles, property (such as walls, fences, or street furniture like lamp posts or street signs), or injuries sustained by anyone other than the driver. In legal terms, an animal refers to any horse, cattle, ass, mule, sheep, pig, goat, or dog involved in the accident.

 

Non-Reportable Accidents:

The Police Service of Northern Ireland guidance is that if only the vehicle involved is damaged, or the injury is limited to the driver or any animal carried inside or on the vehicle, you may not be required to report the accident.

 

What Are My Legal Obligations?

 

After a road traffic accident, there are several legal duties you must comply with. Failure to do so could lead to prosecution. Here’s what you need to do:

 

  1. Stop Your Vehicle and Stay at the Scene
    Always stop your vehicle and remain at the scene of the accident for a reasonable period. This will allow you to exchange details with the other party involved and ensure the safety of all individuals.
  2. Report the Accident
    You must report the accident within a reasonable time to the police (via 101) or directly to the other party involved if they are present. Your solicitor in Belfast can assist you in understanding what qualifies as a reasonable time.
  3. Exchange Details with the Other Party
    Regardless of fault, you must exchange the following details with the other party involved:

    • Name
    • Address
    • Vehicle registration number
    • Vehicle ownership details (if you’re not the owner)

    It’s also advisable to have a copy of your insurance certificate and be ready to provide the details of your insurer and policy number. Keeping this information handy will make the process easier if you ever need to file a claim.

 

What Should I Do If I’m Involved in a Road Traffic Accident?

 

It’s important to act quickly after a road traffic accident to protect your legal position and ensure that all legal requirements are met:

 

Notify Your Insurer:
Most insurance policies will generally require you to report any accident, regardless of fault or whether you plan to make a claim for damages or injuries. It’s essential to notify them as soon as possible. You might also want to take photographs of the scene for your insurer—provided it’s safe to do so.

 

Do Not Move Your Vehicle 
Unless the vehicle is causing a traffic hazard or it’s unsafe to leave it where it is, avoid moving your vehicle before the police arrive. This helps ensure an accurate record of the scene and avoids further risk.

 

The Role of the Police at the Scene

 

The police recorded 4977 road traffic accidents in 2023/2024 according to their latest statistics.  PSNI will attend the scene of a road traffic accident when there is an injury or risk to other road users. Once on-site, they will:

  • Ensure the safety of all individuals involved
  • Record the details of the parties involved, including passengers
  • Investigate the cause of the accident
  • Take measurements of the scene and produce a sketch if needed
  • Conduct a Preliminary Breath Test (PBT) to check for alcohol impairment
  • Assist with vehicle recovery if required

If you’re asked to present your driving licence or proof of insurance, you must do so. If you don’t have these documents, the police may issue a ‘Requirement to Produce’ form, which you must comply with within seven days. Failing to do so may result in prosecution.

 

What Happens After the Police Investigation?

 

The police will conduct a thorough investigation into the circumstances of the collision. If someone is found to have committed a driving offence, the case may be forwarded to the Public Prosecution Service. They will decide whether to proceed with a criminal prosecution, offer an alternative outcome, or take no further action.

The police report will not provide a definitive view on blame or liability, which is why it’s important to consult a road traffic accident solicitor such as Lacey Solicitors Belfast. We can help you obtain the Collision Report Form (CRF), which is often vital for your personal injury claim or civil case.

 

General Advice After a Road Traffic Accident

 

  • Stay Calm and Comply with the Law:
    It’s natural to feel shaken after an accident, but remaining calm and following your legal obligations will help protect your interests.
  • ‘Hit and Run’ Situations:
    If another vehicle leaves the scene, try to capture the registration number as quickly as possible. This will help the police trace the driver and hold them accountable.
  • Seek Medical Attention:
    Even in minor accidents, shock and injury symptoms may not appear immediately. It’s always advisable to seek medical attention if you feel unwell or notice any injuries later. Your health is the priority.
  • Consult a Road Traffic Accident Solicitor:
    If you’ve been injured or experienced damage to your vehicle, you may be entitled to compensation. Our experienced solicitors in Belfast can help you navigate the claims process, ensuring you receive fair compensation for your injuries and losses.

 

At Lacey Solicitors, we have decades of experience in injury and insurance matters, acting for both insurance companies in Ireland and injured individuals. As experts in road traffic accident claims in Belfast, we can provide you with the legal support you need. If you’ve been involved in a road traffic accident, contact our team of solicitors using our online form today for a consultation.

Understanding Liability in James v Halliday [2024] IEHC 281

The recent Irish High Court decision in James v Halliday [2024] IEHC 281 has sparked discussions about road safety and liability apportionment in accidents involving agricultural vehicles. This case, decided on May 8, 2024, addressed a tragic collision between Darren James (the Plaintiff), a delivery driver, and a tractor driven by the deceased William Wilson (the Defendant).

Central to the judgment was the question of negligence and how liability should be divided between the parties.

 

Case Background and Circumstances

 

The accident occurred on January 12, 2018, on the N14 road between Lifford and Letterkenny in Ireland. The Plaintiff was driving at speeds of 60–70 mph on a wet and winding road.  The tractor, operated by the Defendant, lacked a legally mandated amber flashing beacon.

The collision unfortunately resulted in the Defendant’s death and significant injuries to the Plaintiff.

 

Principles of Liability

 

The Court in determining liability, outlined the well-established principles of negligence:

  • Duty of Care: Both parties owed a duty of care to operate their vehicles safely and in accordance with traffic regulations.
  • Breach of Duty:
    • The defendant breached this duty by failing to comply with lighting regulations, which are critical for ensuring visibility.
    • The plaintiff breached his duty by not adapting his driving speed to the road and weather conditions.
  • Causation: Both breaches contributed directly to the collision.

The Court opted to apportion liability having reference to the relative severity and impact of each parties actions.

The High Court determined the following;

 

Negligence by the Defendant:

 

The court held the estate of the Defendant, 75% liable for the accident in circumstances where the Defendant’s failure to illuminate his tractor with a yellow flashing beacon was deemed a “severe breach of duty.”

 

Contributory Negligence of the Plaintiff:

 

The Plaintiff was found 25% liable for driving at an inappropriate speed for the conditions, even though he was within the legal limit.  The court noted that the road’s wet and winding nature required greater caution, which the Plaintiff failed to exercise

The role of Yellow Beacons

 

This case highlights the significance of S.I. No. 354/2015 – Road Traffic (Construction and Use of Vehicles) Regulations.

The purpose of these beacons as outlined by the Revised standards of the Road Safety Authority for Agricultural Vehicles are to warn other road users that they are approaching a slow-moving or large vehicle.

These beacons enhance visibility, particularly in low-light or adverse conditions. The failure to use this safety feature was a critical factor in the court’s decision, as it significantly reduced the tractor’s visibility, making the accident foreseeable and preventable.

 

Considerations for future Liability Disputes

 

This judgment sets a clear precedent for how courts may handle liability in similar cases:

  1. Enhanced Scrutiny on Agricultural Vehicles: Operators of such vehicles must comply with all safety regulations, knowing that non-compliance can result in substantial findings of liability.
  2. Reinforcement of Contributory Negligence Principles: Drivers of other vehicles are also expected to adapt their behaviour to prevailing conditions, even if they are not the primary cause of an accident.
  3. Judicial Focus on Safety Standards: The court’s decision underscores the importance of ongoing regulatory compliance as a cornerstone of road safety.

 

Conclusion

 

The High Court’s ruling in James v Halliday serves as a crucial reminder of the responsibilities shared by all road users. The decision emphasises that adherence to safety regulations, such as the use of yellow beacons, is not merely a legal formality but a vital measure to prevent accidents. By apportioning liability between the parties, the court sent a clear message: negligence on the part of one does not absolve others from their duty to exercise caution.

This case will likely influence future legal considerations in Ireland, reinforcing the critical link between compliance, visibility, and liability in road traffic law.

 

Compensation for Personal Injury Claims After a Car Accident in Belfast

If you’ve been involved in a car accident in Belfast or elsewhere in Northern Ireland, the impact can extend far beyond just physical injuries. Car accidents can lead to long-term consequences, affecting your health, finances, and overall quality of life. At Lacey Solicitors, we understand the serious implications of road traffic accidents and are dedicated to helping you claim the compensation you deserve.

 

Compensation Claims for Personal Injuries after a Car Accident

 

Personal injury compensation claims are extremely common following road traffic accidents. According to the  Department of Infrastructure, there were approximately 880 serious injuries resulting from road accidents in Northern Ireland in 2023— a 3% increase from the previous year. These figures highlight the importance of securing legal representation after a car accident.

While personal injuries are the primary basis for compensation claims, it’s crucial to know that Lacey Solicitors can help you pursue claims for other losses that may arise from the accident.

 

What Can You Claim After a Car Accident in Belfast?

 

If you’ve been injured in a car accident and the incident wasn’t your fault, you may be entitled to claim compensation for various damages. Here’s a breakdown of what you could claim:

 

1. Vehicle Damage Claims

In addition to personal injury claims, you may be entitled to compensation for vehicle damage. Lacey Solicitors works with a network of qualified motor assessors across Northern Ireland to accurately assess your vehicle’s damage. If your car is beyond repair, we can ensure you receive the pre-accident value to help cover the cost of a replacement vehicle.

2. Replacement Vehicle Hire Costs

After a car accident, having access to a replacement vehicle can be essential. If you need to hire a vehicle, Lacey Solicitors can help recover credit hire costs through collaboration with insurance companies and accident management firms across Northern Ireland.

3. Medical Expenses

Medical expenses can be extensive, and it’s important to include all related costs in your compensation claim. These may include:

  • Rehabilitation and treatment costs
  • Travel expenses for medical appointments
  • Care costs if you need assistance attending appointments
  • Mental health support related to the accident

Your medical expenses could also include any long-term care you might need due to ongoing injuries from the car accident.

4. Loss of Earnings

If your injuries prevent you from returning to work, you may be entitled to claim loss of earnings. This could include not only your current earnings, but also any future earnings you would have received had the accident not occurred. For business owners, it’s also possible to claim for lost profits resulting from the accident.

5. Additional Costs After the Accident

There are often unforeseen costs that arise following a road traffic accident, such as:

  • Recovery fees for roadside assistance
  • Storage fees for your damaged vehicle
  • Temporary insurance charges
  • Replacement car seats or equipment
  • Travel expenses if you can’t use your own vehicle

At Lacey Solicitors, we can assist you in recovering any reasonable costs incurred after the accident, provided you have the necessary invoices or receipts.

 

Why Choose Lacey Solicitors for Your Personal Injury Claim in Belfast?

 

At Lacey Solicitors, we pride ourselves on providing expert legal advice and personal attention to all of our clients. Our experienced team of solicitors is dedicated to helping you recover compensation for your injuries and losses in a timely and efficient manner.

If you’ve been involved in a road traffic accident in Belfast or anywhere in Northern Ireland, don’t hesitate to contact us for a free consultation. Whether you’ve suffered physical injuries, vehicle damage, or financial loss, we can help you get the compensation you deserve.

 

Contact Lacey Solicitors Today

 

For expert legal advice and support with your personal injury claim, contact Lacey Solicitors today. Call our Belfast office on 028 9089 6540 or complete our online contact form to arrange a consultation. Our friendly team is here to guide you through every step of the claims process and help you secure the compensation you’re entitled to.

 

Repetitive Strain Injury (RSI) Claims: Protecting Your Rights and Seeking Compensation in Belfast

Repetitive strain injuries (RSI) are common workplace injuries that occur when the body’s soft tissues, such as muscles, tendons, and ligaments, suffer damage due to overuse. These injuries can cause significant pain and discomfort, often impacting your ability to perform everyday tasks, including work. If your RSI was caused by working conditions or repetitive tasks that were outside of your control, you may be entitled to compensation for your injuries.

At Lacey Solicitors in Belfast, we specialise in helping individuals who have suffered from work-related repetitive strain injuries claim the compensation they deserve. If your RSI has negatively affected your life, we are here to provide expert legal advice and support.

 

What is a Repetitive Strain Injury?

 

Repetitive strain injuries occur when soft tissues in the body—such as muscles, tendons, ligaments, and nerves—are overstressed through repetitive motion or sustained use. Over time, this strain can cause damage to these tissues, leading to pain, weakness, swelling, numbness, and reduced mobility. RSI is most commonly associated with certain workplace activities that involve frequent, repetitive movements or improper posture.

It is estimated that there are almost half a million sufferers of RSI in the UK – many of these have conditions caused by computers.

 

Can You Claim Compensation for RSI?

 

In Northern Ireland, if you’ve developed a repetitive strain injury as a result of someone else’s negligence, you may be able to claim compensation. Employers have a legal duty to protect workers from preventable harm, including ensuring a safe and ergonomic working environment under the Health and Safety at Work (Northern Ireland) Order 1978. If your RSI was caused by improper working conditions, such as inadequate equipment, poor posture, or lack of training, you may be entitled to claim.

For example, a waitress who regularly carries heavy trays and suffers from wrist or arm RSI may be able to claim compensation from her employer for the injury caused by the repetitive movements. Similarly, post office workers or factory employees who repeatedly lift heavy items or use vibrating tools are also at risk of developing RSI-related conditions.

 

Common Types of RSI at Work

 

Repetitive strain injuries can occur in various types of work environments, especially those that involve physical labour or frequent, repetitive motions. Common causes of RSI at work include:

  • Back, leg, neck, and arm strain from heavy lifting
  • Poor office ergonomics or incorrect seating and equipment
  • Use of vibrating tools (e.g., drills, jackhammers)
  • Impactful movements such as hammering
  • Repetitive use of incorrect tools
  • Lack of safety equipment (e.g., poor footwear or inadequate personal protective equipment)

 

What is Type 1 and Type 2 RSI?

 

RSI can be classified into two types to help in diagnosing and proving the injury in a legal setting:

  • Type 1 RSI: This type of RSI is measurable with medical equipment. Conditions such as carpal tunnel syndrome, tendonitis, or golfers’ elbow fall under this category. These injuries are detectable through scans or tests such as MRI or X-ray.
  • Type 2 RSI: This type of RSI is less visible on medical scans and may involve symptoms like wandering pain, discomfort that varies day-to-day, or aches that are difficult to pinpoint. Although harder to prove, Type 2 RSI can still be compensated if you can demonstrate that it resulted from repetitive tasks or strain at work.

 

How Do You Prove a Repetitive Strain Injury?

 

Proving RSI can sometimes be challenging, particularly with Type 2 RSI. However, a strong case can be built by following these steps:

  1. Consult a doctor: It’s essential to seek medical attention for an official diagnosis. Your doctor will help eliminate other possible causes of your symptoms and confirm if your condition is related to repetitive strain.
  2. Keep detailed records: Keep track of all medical appointments, treatments, and consultations. Document the dates and times of your visits, along with travel costs, to support your claim.
  3. Consult a solicitor: Seeking legal advice as soon as possible can improve your chances of success. A solicitor can guide you through the process and help you gather the necessary evidence, including medical reports and expert opinions.

 

What is an RSI Compensation Claim Worth?

 

The value of your RSI compensation claim will depend on the severity of your injury and how it has impacted your life. Compensation can cover:

  • Medical costs and treatments
  • Lost earnings if your injury has affected your ability to work
  • Pain and suffering compensation for the physical and emotional toll of your injury
  • Travel expenses for medical appointments or treatments

Since each case is unique, consulting a specialist Insurance solicitor is the best way to get an accurate estimate of what you could be entitled to.

 

Contact Lacey Solicitors for Help with RSI Claims in Belfast

 

If you’ve suffered from a repetitive strain injury in the workplace, don’t hesitate to reach out to Lacey Solicitors in Belfast. Our experienced team of solicitors will provide expert advice and guide you through the claims process to ensure you receive the compensation you deserve.

We can assist with all aspects of your claim, from gathering medical evidence to representing you in court if necessary. To discuss your case, contact us today via our online form or call us at 028 9089 6540.

 

Additional Resources

 

For more information on health and safety in the workplace, you can refer to these authoritative sources:

 

Case Study: Successful Public Transport Accident Claim – Steph’s £5000 Settlement

Client: Steph C.
Settlement: £5000.00
Location: Belfast, Northern Ireland
Case Type: Public Transport Personal Injury Claim


Overview: Steph’s Public Transport Accident and Personal Injury Claim

Steph was on a double-decker bus which was coming to a stop. At the time of this incident she was proceeding downstairs from the upper deck when the bus suddenly accelerated again.  She landed heavily onto her ankle. She had immediate pain in her ankle and was exceptionally embarrassed. She subsequently attended the Royal Victoria Hospital Emergency Department.


Why Steph Chose Lacey Solicitors for Her Personal Injury Claim

At the time of the accident, Steph approached a different law firm who specialised in criminal law.  They had a reputation in Northern Ireland as successful criminal lawyers but had little experience of personal injury or insurance law.  Unfortunately it took them a number of years to progress the matter.  They failed at any stage to arrange for a medical examination for Steph.  After almost three years they advised Steph that liability was denied and she should abandon her claim.  They closed their file.

Frustrated by the situation and unsure of her next steps, Steph’s friend recommended Lacey Solicitors’ personal injury team for legal advice. After a free, no-obligation consultation with Aisling Creegan, at Lacey Solicitors, Steph received the legal guidance she needed.  Bearing in mind the impending limitation date, Aisling carefully reviewed the details of the accident and quickly took instructions to address the initial claims checklist.

Lacey Solicitors immediately issued Letters of Claim on behalf of Steph claiming for personal injury claim against the bus company. They arranged for an expert medical reports from an orthopaedic consultant in Hillsborough.


The Bus Company Denies Liability 

The public transport company, immediately denied liability. They claimed that Steph was responsible for descending the stairs safely and that she was responsible for holding onto the rail appropriately.  They argued that the injuries sustained by Steph were due to her own carelessness.  Public transport has an essential role in
the economy and community of Northern Ireland but where they cause injury, they should be held accountable.

Lacey Solicitors firmly rejected this argument and issued court proceedings on behalf of Steph.


Defence of Public Transport Accident Claim for Steph

On issuing proceedings,  Lacey Solicitors were approached by solicitors on behalf of the Bus company, who indicated that they would be maintaining a robust denial of liability in circumstances where they had an independent witness who gave no criticism of the bus driver or his driving abilities.

They indicated that they had no offer to make and would never have an offer to make.  Steph was invited to abandon her claim by the Bus company.


Settlement Negotiations and Legal Strategy for Public Transport Accident

After one month, the solicitors on behalf of the bus Company made an initial offer of £500.00 to ‘buy-off’ the case.

Our advice was to reject this offer and we advised Steph that settlement for her personal injury claim should be ten times this figure, namely £5000.00.

After a further week of negotiations case was successfully settled for £5,000 plus Steph’s legal costs without her having to attend court.


Why Choose Lacey Solicitors for Your Public Transport Accident Claim?

Lacey Solicitors, with offices in Belfast and Dublin, are specialists in personal injury law and motor liability cases and have a proven track record of securing substantial compensation for clients involved in road traffic accidents, including public transport accidents. Our dedicated team of solicitors offers expert advice, support, and representation throughout the entire claims process.

Whether you’ve been involved in a public transport accident or sustained injuries in a road traffic accident, our experienced personal injury solicitors are here to help you receive the compensation you deserve.


Contact Lacey Solicitors in Belfast Today

If you’ve been injured in a public transport accident, trust Lacey Solicitors to provide you with expert legal guidance. We offer a free, no-obligation consultation with one of our personal injury solicitors to discuss your case and outline your legal options.

Contact us today through our online contact form or call our Belfast office. Our dedicated personal injury team is here to support you and help you navigate the claims process with confidence.