Steps to Take if You Suffer A Personal Injury at Work

While it may be true that most accidents happen in the home, the population of Northern Ireland spends many of their waking hours in the workplace. When you become injured at work it is important to take the correct steps, should you wish to claim compensation.

When an accident happens at work, whether it is a trip, fall, slip, or serious injury related to work equipment, it can be confusing. Many people let these accidents pass forgotten, despite the sometimes permanent damage that they can do.

Accidents at work could involve broken bones, crushed limbs, or even amputations. If this happens to you then it is important that you seek legal representation and bring a claim for compensation where possible. By seeking justice you may actively prevent the same accident of injury from hurting someone else.

What To Do if You Are Injured At Work

The first thing you ought to do after suffering an injury at work is to recover. You should take all the time that you need to make a full recovery. You should seek the advice of your doctor and any other specialists they send you to.

While you do this, keep a record of events, photograph your injury and its recovery period, and keep all your receipts. These will be important later should you wish to bring a claim for compensation against your employer’s insurance company.

What if My Employer Doesn’t Have Insurance?

This is not for you to worry about. However, all employer’s operating within Northern Ireland are legally required to have employee insurance. It is the only mandatory insurance type for standard employers in the UK.

Steps to Take After an Accident at Work in Northern Ireland

If you find yourself the victim of a workplace accident, take the following actions to protect your interests.

    Go to Hospital

If your injury is so bad that you must attend a hospital, then take a fellow employee with you. This will prevent your managers from denying the accident took place.

    Report the Injury

You must report your injury to your employer. You should tell them about the accident and follow any corporate advice on who to talk to. UK businesses should have an accident recording book. If your employer does not write anything down, then you should send an email to them which details your accident, when it took place, and any treatment you received.

    Record Your Recovery

Taking photographs and video footage of your recovery may seem like it is an overreaction but this could not be further from the truth. Taking a daily log which records your rate of recovery is an ideal way to express to the court exactly how much pan and suffering you experienced.

    Speak to Witnesses

Take statements and contact details from anyone at work who saw the accident happen. You should do the same with whoever came to the hospital with you. Give these details to your personal injury solicitors firm.

Injured at Work? Seek Legal Advice

The best way to ensure you receive fair and just recompense for the damages done to your person in the workplace is to seek out legal advice. Contact Lacey Solicitors today for personal injury in the workplace advice, guidance, and representation.

Your injuries matter. Let’s make your voice heard.



How Do NI Courts Work Out Personal Injury Compensation Awards?

Trips, slips, falls, road traffic accidents and workplace accidents all happen on a daily basis. Everyday in Northern Ireland a person can be injured through no fault of their own. One of the main questions that we are asked is how Judges in Northern Ireland calculate how much to award for a personal injury claim.  

If you are uncertain over your personal injury claim then we can help. Call +44 28 9089 6540 today to talk to one of our experienced, trustworthy advisors.

How Much do You Get For A Personal Injury Claim?

Whether you make your personal injury compensation claim in  Belfast, Saintfield or Newry, the process for working out how much your personal injury claim is worth is the same.

Where any injury is to be compensated by compensation, in settling the sum of money to be given, the aim of the judge is to try and put you in the same position that you would have been had you not been injured. 

It is therefore impossible to say exactly how much your personal injury compensation claim is worth without knowing the intricacies of your case. Contact Lacey Solicitors today to arrange an appointment so we can better value your injuries.

How is The Compensation For Personal Injury Claims in Northern Ireland Calculated?

In Northern Ireland the amount of damages awarded typically goes by the guidance of the “Green Book.” The Green Book gives guidance which can help the judge in your case to determine what your personal injury claim is worth.

Even though these are the guidelines used, other factors will come into play. For example, the severity of injury you suffered and what the discount rate is as applied to any lump sum awards.

Your personal injury compensation award could depend on the following factors:

  •       How severe your injury was
  •       How painful the condition
  •       the presence of any additional symptoms or areas of pain
  •       The impact of those symptoms on your daily life
  •       The impact of those symptoms on your ability to work in future
  •       The treatment required
  •       The need to take medication
  •       How long it takes you to recover

The guidelines are there to assist in determining levels of compensation, but they are not a rigid framework.  Assessing is not an exact science and it is up to your solicitors to use their training and experience in each individual case.

Should You Make a Claim for Compensation After a Personal Injury?

If someone else’s negligence causes you to experience a physical or psychological injury, you are perfectly entitled to seek legal redress and compensation for your suffering. how much your personal injury claim is worth depends on a number of factors.  The judge will use the Green Book to try and compensate you fairly.  

How to Make a Personal Injury Claim in Northern Ireland?

From Belfast to Bangor, people in Northern Ireland are involved in incidents that aren’t their fault and are injured as a result. But how do you make a claim for compensation if it happens to you?

If you have been involved in an accident in which you became injured and it wasn’t your fault, seeking compensation could provide you with the financial support to help you recover and move forward after an injury.  Reporting the incident could even prevent that accident from happening to someone else. At Lacey Solicitors Belfast, our lawyers specialise in Insurance and Injury and could help you achieve the maximum possible compensation after a slip and fall, medical treatment gone wrong, or an accident at work.

How do you Make a Personal Injury Claim in Northern Ireland?

If you live in Belfast, Antrim, or anywhere else in NI, the process for bringing a compensation claim after an accident is always the same. The first thing you will need is an accident lawyer capable of representing your interests.

Lacey Solicitors have a proven record of commitment to a high quality service.  Whether we are dealing with a significant fatal accident, to a minor whiplash injury, our approach is always the same and which is why our clients recommend us.  We invest in technology that can speed up your appointment times, court dates and meetings etc.  This frees up our solicitors to speak with you personally and speak with our opposition directly.

After you have chosen a personal injury solicitor, you can begin the process of making your claim for compensation.

Making Your Claim for Compensation

To begin your claim for compensation, our personal injury solicitors will arrange a discussion with you to take as much detail as possible.  Some of the details that we might need is;

The date of the accident.

The location of the accident.

Employment details if it was an accident at work.

Registration numbers if it was a road traffic accident.

Your detailed recollection of how the incident occurred.

The names of all parties involved.

Any witness details

The treatment sought by you.

Once we have this information, we can determine if we think you have a case. If so, we will put together a claim summary for your perusal. Once you sign this and return it to us, we can create a Letter of Claim.

What is a Letter of Claim?

A Letter of Claim is a document which summarises the details of the accident and delivers these details to the person/company (or their insurance company) who you believe to be at fault. It will outline what happened, how it affected you, and notify the third party of your intent to bring a compensation claim.

After this letter is sent, the third party has a short timeframe to acknowledge the claim. There is a protocol in Northern Ireland that suggests they are then allowed a few months to fully investigate the matter.   They should later indicate whether they accept liability or deny liability. 

Do you Have to go to Court for Personal Injury Claims in Belfast?

While taking your case to court is an excellent way to establish the other party’s fault, it is not the only way to receive compensation.  

Legal fees are higher if a case proceeds to Court.  At Lacey Solicitors Belfast, we believe that bringing a case to court should be the last resort.  We will, throughout all stages of your case try to discuss the matter with our opposition to try and settle the case without going to court.  

Our belief is that settling a case before court, saves time, money and stress for all parties.  

We only bring cases to court for two reasons;

  1. Liability for the accident is in dispute.
  2. We cannot reach an agreement with the otherside on a settlement figure

Finding a Personal Injury Lawyer Near You

At Lacey Solicitors, we pride ourselves in our ability to provide assistance to clients across all of Northern Ireland.  With the latest technologies you no longer need to have a solicitor on your doorstep and we can arrange an appointment at a location suitable to you.  In some circumstances our solicitors can even come directly to you.   We recommend using injury lawyers for injury claims.  Our experience in Insurance and Injury Law allows us to make a claim on your behalf against the at fault insurance company.  Whether you are in Enniskillen or Lisburn, the Lacey Solicitors team are here to help.

Enquire Now to Begin Your Personal Injury Claim with Lacey Solicitors.

What Are The Most Common Personal Injury Claims In Northern Ireland?

Those who suffer from a personal injury that was not their fault can bring a claim for compensation against those responsible. But what are the most common personal injury claims in Northern Ireland? Lacey Solicitors deal with all types of injury claim but this article focuses on the most common.

Whilst injuries and accidents occur often in life, a great number of these accidents are entirely avoidable. If you have had an accident in Northern Ireland that was preventable and not your fault, and you suffered an injury, then you could bring a claim for compensation. But what are the most common types of personal injury claims?

Whether you were involved in a rear end accident in Belfast or fell from a height while working in Ballymena, if the accident was not your fault, a solicitor can assist you in making a claim for compensation. These accidents often result in medical costs, travel costs, and loss of income and specialist personal injury solicitors can help you get the compensation you deserve.

Bringing a personal injury claim against the at fault party is best tackled with the help of a professional.  Lacey Solicitors have 15 years of experience in handling claims through providing excellence in legal advice. Allow us to help you make a claim for compensation to recover your losses after an accident.

What are the Most Common Types of Personal Injury Claim?

There are several types of personal injury claims which take place in Northern Ireland every year. The most common concentration of claims take place in Belfast. Road traffic accidents make up the greatest number of compensation claims each year with around 7000 claims brought annually.   

Second to road traffic accidents as the most common type of personal injury in NI comes workplace injuries. There are approaching 2,000 personal injury claims each year over accidents at work. Workplace injuries might include tripping, falling, injuries from using machinery, repetitive strain injuries, and other negligence claims.

What Types of Personal Injury can you Claim Compensation for?

Compensation can be awarded for any physical injury.  

Some of the most common physical injuries seen by our office in Belfast are:

  • Repetitive Strain Injuries from office workers using the wrong PPE and equipment.
  • Back injuries from accidents or lifting incorrectly, improper training, or bad seating.
  • Slips, trips, falls, and falls from height are extremely common claims seen by this office where the circumstances range from uncleaned spills, uneven pavements and hazards blocking the way.
  • Soft tissue, muscular, and tendon injuries.
  • Hearing loss and tinnitus due to occupational noise levels.
  • Burns and scarring.
  • Whiplash injuries.
  • Serious injuries – including brain injury, spinal cord trauma, amputations, asbestos related illnesses, electrical injuries, or broken bones.

How Long Does a Personal Injury Claim Take in Northern Ireland?

We use our best endeavours to progress your matter as quickly and efficiently as possible.  It is difficult at the beginning of a case to accurately forecast how long a legal matter will take to complete. 

Often, our pace is dependent on the level of cooperation from all other parties involved.  Most uncomplicated injury matters take around six to twelve months to complete.    More complicated matters may take longer to reach settlement. The timescale involved will depend on how soon we obtain an admission of liability from the third party’s insurance company and how soon your medical evidence can be completed.

You will usually have three years from the date of knowledge of your injury to bring your claim for compensation as outlined by the  Limitation Order here which governs time limits for making various claims.  

Our advice is always to speak to a solicitor specialising in personal injury claims as soon as possible.

Professional Help for Personal Injury Claims in Northern Ireland

Lacey Solicitors are experienced in guiding people through the personal injury compensation claim process. Contact us today should you wish to discuss whether we can help you make a claim and recover your losses after an accident.

 

 

Ref:

https://www.jmksolicitors.com/personal-injury-claims/

https://reidblack.com/personal-injury-claims/

Solicitors Belfast: A Complete Guide to Choosing the Right Practice

Navigating legal matters can be daunting for anyone. That means finding the right solicitor in Belfast is crucial to ensure your legal needs are met effectively and efficiently.

This quick guide provides an overview of what to consider when choosing your belfast solicitor. 

Understanding the Legal Landscape in Belfast and Beyond

 

Belfast is home to various law firms offering a wide range of legal services.

From family law and personal injury claims to corporate law and property transactions, there is a wide range to choose from, depending on your needs. However, understanding the local legal landscape can help you choose the right solicitors who are well-versed in the specific area of law relevant to your case.

Key Considerations When Choosing A Solicitor In Belfast

 

When choosing your a solicitor in Belfast, it’s essential to consider:

Experience and Expertise

Look for Belfast solicitors with experience in the law area you need assistance with. Therefore, the practice should have expertise in addressing disputes, drafting legal papers, and representing clients in court. Having a solicitor with relevant skills is crucial.  Lacey Solicitors has been running for nearly 20 years having been founded in 2005 by Terence Lacey.

Reputation and Reviews

Researching a solicitor’s reputation will give you useful information about their success rate. You can do this by reading client reviews online.  Lacey solicitors has many positive 5 star reviews on Google.  

Accessibility and Communication

Clear and consistent communication is vital in legal matters. So, ensure you choose a practice that is accessible and responsive. In addition, receiving information quickly is essential to the positive progress of your case.

Cost and Transparency

Legal costs can vary greatly. Therefore, it is essential to understand the pricing structure before consulting with a solicitor. Look for someone who offers clear, upfront information about their pricing and any additional expenditures.

Types of Legal Services Available with Lacey Solicitors Belfast

 

Lacey Solicitors in Belfast offer a broad range of services to meet clients’ diverse needs. When choosing a solicitor, it’s essential to understand the specific areas of law they specialise in.

Lacey Solicitors Belfast provides legal services to the insurance industry and those affected by injuries in Ireland while offering a comprehensive suite of legal services, including:

Continuing from this list, let’s go into more detail.

Firstly, Lacey Solicitors in Belfast provides expert legal support across a variety of niche areas. The firm also focuses on serving the insurance industry in Ireland.

Services include handling motor liability cases and representing insurance companies involved in road traffic accidents. Lacey Solicitors also manage public liability claims regarding injuries or damages on public or private property.

Furthermore, they can assist with employer liability cases, ensuring that workplace injuries are addressed and appropriate compensation is managed correctly.

Finally, Lacey Solicitors Belfast team have experience handling catastrophic injury claims ensures that insurance companies are well-represented when dealing with life-altering injuries and the significant claims accompanying them.

 

Contact the team at Lacey Solicitors here to discuss your legal needs.

Nervous Shock Cases in the Republic of Ireland and Northern Ireland – An Update.

A woman has been awarded more than €87,000 in a nervous shock case by the High Court in the Republic of Ireland for post-traumatic stress disorder (PTSD) after she saw the partly decapitated body of a motorist who had just crashed into a bus.

This case highlighted the complexities of ‘Nervous Shock’ cases and the distinction between primary and secondary victims.

The Plaintiff, Lisa Sheehan, (36) was driving home from work in Cork city on 28th January 2017.

On her way home, near Mallow, some debris struck her car causing her to halt.

She got out of the car to investigate and saw a damaged bus and a severely damaged car.

She glimpsed a ‘badly disfigured and partly decapitated body’ which she initially thought was a child but transpired to be the body of the driver of the car.

Despite being in an understandable state of shock, Ms Sheehan called the emergency services and started searching the surrounding area for any others that may have been thrown from the car but there were none.

She saw the bus driver whose face was covered in blood.

Three days after the accident she went to her GP after suffering a panic attack at work. She became tearful and agitated and could not get the images of the scene of the accident out of her head.

She was prescribed anti-depressants, given counselling and was out of work for five weeks with further intermitted absences due to anxiety.

She suffered flashbacks and nightmares and so gave up her job in February 2019. She continues to receive counselling and medication.

She was diagnosed with moderately severe post-traumatic stress disorder.

Her case is that those injuries were the result of the negligent operation or control of both the bus and the car. She sued Bus Éireann and FBD Insurance which provided cover for the deceased motorist.

Liability

FBD Insurance admitted that the accident was caused by the deceased car driver.

Both Bus Éireann and FBD however argued that Ms Sheehan’s psychiatric injuries did not give rise to any cause of action recognised by the law and they did not owe her a duty of care.

The Defendant argued that Ms Sheehan was a ‘secondary victim’ of the accident. She had no ties to the driver and only ‘came upon’ the accident and did not see the actual collision.

They argued that even if Ms Sheehan could establish her psychiatric illness was reasonably foreseeable as a result of the negligence, she could not satisfy the requirement to bring herself within a restricted category of victims and defined in previous case law.

The Law on Primary/Secondary Victims

A secondary victim is someone who, when witnessing an accident, suffers injury consequential upon the injury, or fear of injury, to a primary victim.

Because of the potential for multiple claims for damages arising out of a single accident, the courts have always been anxious to restrict the numbers of plaintiffs by the imposition of control tests which are hurdles to be cleared to establish the necessary proximity of relationship between the plaintiff and the primary victim.

In the UK a leading case in this area is the case of Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. This was a case arising from the Hillsborough disaster and a number of plaintiffs claiming nervous shock from having witnessed the events on television and at the same time knowing that they had friends and family in the crowd that day.

Lord Oliver in that case set out the distinction between primary and secondary victims. A primary victim is one involved mediately or immediately as a participant and a secondary victim one who is no more than a passive and unwilling witness of injury to others. The claimants were all classed as secondary victims since they were not in the physical zone of danger. On a public policy basis, those plaintiffs were ruled out of having a claim for damages as they were not present at the location of the events themselves.

This case held that for secondary victims to succeed in a claim for psychiatric harm they must meet the following criteria:

  • A close tie of love and affection to a primary victim
  • Witness the event with their own unaided senses
  • Proximity to the event or its immediate aftermath
  • The psychiatric injury must be caused by a shocking event

The Irish Courts (to my knowledge) have never dealt with a case quite like the Alcock case, but it is entirely possible that the Irish Courts could arrive at a similar conclusion if they were ever faced with a similar case.

The Irish Courts agree with the UK Courts in that it is not intended to compensate secondary victims for mere grief, distress or sorrow and this has been held in such cases as Larkin v Dublin City Council [2008] 1 IR 391 and McLoughlin v O’Brien [1983] 1AC 410.

Judgment

The Defendants referenced the Alcock case and argued that Ms Sheehan could not bring herself within this restricted category namely because she did not have a close tie of love and affection to the primary victim (i.e. the deceased driver).

Mr Justice Keane in this case acknowledged that the law on primary/secondary victims in nervous shock cases was far from settled in Ireland.

He confirmed however that he was satisfied Ms Sheehan was a primary victim as her car had been struck by “debris from the crash.”

Interestingly the Justice Keane in this case specifically referenced Ms Sheehan’s role as ‘a rescuer’ having searched the area in the darkness in the immediate aftermath, exposing herself to danger ‘through her selfless and civic spirited actions’ he said.

This again strays slightly from the UK position set down in the case of White v Chief Constable of South Yorkshire [1998] 3 WLR 1509. This case again arose from the Hillsborough disaster, but the claims differ from those in Alcock in that they claimed for psychiatric injury from police officers on duty that day and not relatives.

Their claims for nervous shock were based on the fact (amongst others) that as rescuers, they were promoted to primary victims. Their claim was dismissed in the House of Lords and it was held that;

To amount to a primary victim, even a rescuer must demonstrate that they are in the ‘zone’ of physical danger. Since, the Plaintiffs were not themselves at risk of physical injury, their claims could not succeed.

When the facts of the White case are placed alongside Ms Sheehan’s case one wonders whether Ms Sheehan was herself in the ‘zone’ of physical danger?

Justice Keane states that Ms Sheehan was in the area of risk of foreseeable physical injury following the accident and he was satisfied that she was a participant in the accident, albeit one on the periphery of it.

It is a most interesting nervous shock case not least because of the difference in law on primary/secondary victims in Northern Ireland and the Republic of Ireland and certainly the full Judgment when available online will provide for interesting reading.

The press article can be found here.

High Court Average Personal Injury Awards Drop by 29% in 2018

According to Court Service a total of 22,049 personal injury suits were filed in Ireland last year, at all Court levels.

This was a minor decline on the 22,417 filed the preceding year.

Nevertheless, there was an insignificant rise in the sums granted in lower Courts across the state.

The quantity awarded in personal injuries cases rose from €3.5 million in 2017 to €4.5 million in 2018 in the District Court, and from €20 million to €23.6 million in the Circuit Court.

The Circuit Court can make awards of up to €60,000, while the District Court make awards of up to €15,000.

The amount granted in the Circuit Court increased from €19.8m to €23.5m between 2017 and 2018, with the average sum awarded rising by 2.8% from €18,488 to €19,014.

The overall sum granted in the District Court soared from €3.49m in 2017 to €4.5m last year, with the average sum awarded rising by 4.5% from €7,643 to €7,987.

The statistics confirm the assessment of previous High Court President Mr Justice Nicholas Kearns, who stated earlier this year that: “while the Court of Appeal had recalibrated awards at the higher end, this descending reach effectively immobile in the High Court and was not been seen in courts below it.”

Mr Justice Kearns directed the Personal Injuries Commission, which proposed the setting up of a Judicial Council to recalibrate the range of awards for less serious injuries.

Legislation permitting for the Judicial Council was approved by the Dáil in early July 2019.

In addition, Chief Justice Frank Clarke expressed a “little caution” must be applied with the decreases in awards.

However, he contended “all that being said, the fact that there was a considerable drop in the average level of High Court award in ordinary personal injuries actions is a crucial objective set of figures which needs to be taken into account in the present debate.”