Personal Injury Archives - Page 2 of 4 - Lacey Solicitors | Specialist Insurance Law Firm

Understanding Noise Induced Hearing Loss and Tinnitus Personal Injury Claims

Posted on 3 March 20256 March 2025 by Lacey Solicitors

Noise induced hearing loss and tinnitus are injuries which tend to affect those working with heavy/loud machinery such as construction workers or police . Consistent exposure to loud noises without sufficient ear protection can cause permanent damage to your hearing.

If you have been affected by noise induced hearing loss or tinnitus through your workplace, then you may be eligible to bring a claim for compensation against your employer. This article explains what you need to know, should you lose your hearing thanks to your job.

What is Noise Induced Hearing Loss?

Sometimes known as Industrial Deafness, noise induced hearing loss is a common complaint in industries which rely on heavy machinery to produce goods or services. This industrial injury is one of the most common types of hearing loss you might encounter with the exception of age related hearing impairment.

Often an individual will begin to have difficulty hearing and only when they speak with their primary care physician do they appreciate that it may be due to noise from the workplace. If this is the case then speak to one of our dedicated hearing loss personal injury solicitors in Northern Ireland. Once we understand the intricacies of your case, we can help guide you smoothly through the process of bringing your compensation claim.

Tinnitus: The Other Hearing Related Issue

Hearing loss caused by industrial machinery goes hand in hand with tinnitus. This is when a loud ringing in the ears can block out all other sounds. Attacks are random and can be frustrating.

Tinnitus is usually caused by exposing your hearing to loud sounds for prolonged periods. It can be both temporary and permanent. You can learn more about the symptoms of hearing loss and tinnitus from the experts at Healthy Hearing. Incidentally, they report that around 90% of all people suffering tinnitus also have hearing loss issues.

Causes of Noise Induced Hearing Loss

Exposure to high levels of noise can erode your capacity for accurate hearing.

Imagine you have to use an industrial strength drill day in, day out. Your employer should provide you with adequate protection for your ears. If they fail to do this – and even if that equipment is faulty – then you can end up with permanent hearing damage over time.

Since noise is the key factor in hearing loss of this kind, there are certain job roles which place the employee in greater danger than others. Jobs which might contain exposure to prolonged high volumes include:

Construction workers using heavy duty tools.
Airport operatives dealing with jet engines.
Nightclub staff who regularly hear high volume music.
Agriculture workers using heavy machinery or vehicles.
Factory workers in the manufacturing industry.
Police in law enforcement during weapons training.

Symptoms of Tinnitus and Hearing Loss

There are signs and symptoms which can indicate that you are suffering from hearing loss. You should look out for the following symptoms:

Having to turn the TV volume up loud to hear it.
Missing people knocking the door or the phone ringing.
Hearing sounds as far away or indistinct.
Being unable to pick out a voice against the backdrop of a busy pub or shop.
Limited tones – if you are losing your hearing then you may not be able to hear the same pitches as you once did.

Seeking Compensation for Noise Induced Hearing Loss and Tinnitus

If you have the above symptoms then you should schedule a hearing test with your GP. According to the Control of Noise at Work Regulations of 2006, Northern Irish employers have a duty to minimize noises in the workplace and to give you sufficient PPE. If your employer has not done so, then it is time to complain.

Contact Lacey Solicitors Firm today to discuss the details of your hearing loss. Claiming compensation for your losses is easier than you think, when you have the right team in your corner.

Call Lacey Solicitors Today on 028 9089 6540.

Your Guide to Industrial Disease Compensation Claims in Northern Ireland

Posted on 3 March 20254 March 2025 by Lacey Solicitors

It is possible to bring a claim for compensation against an employer should you or a loved one suffer from an industrial disease or an industrial injury. If you live in Northern Ireland and you require advice from an industrial disease solicitor, Lacey Solicitors may have the answers you need.

What is Classed as an Industrial Disease?

The Health and Safety at Work Legislation in Northern Ireland set out clear regulations on what an employer must do to provide for the care of an employee. When an employer fails in this duty of care industrial accidents happen. Industrial injuries and industrial diseases are the possible results.

An industrial illness is one contracted at work, or due to hazardous materials which you work (or worked) with. You must have been employed when the disease, injury, or illness was contracted. These problems often arise due to unsafe working conditions. If your employer did not facilitate PPE or alternatively did not take steps to protect you from industrial injuries during your employment, you may be able to pursue a claim for compensation.

Common Examples of Industrial Diseases

Thankfully, due to increased awareness and campaigns from the Health and Safety Executive industrial diseases themselves are no longer common due to improved health and safety in the workplace. Unfortunately there are some situations where they can still occur. Our office are regularly instructed in relation to the following types of cases:

Asbestos Related Diseases – Asbestosis is a serious lung condition causing scar tissue and inflammation inside the lungs. Asbestos was a widely used building material up until the early nineties. Construction workers from this era might suffer from this chronic lung condition.
Skin Diseases – Dermatitis and Psoriasis are common skin conditions which occur when the skin comes into contact with certain chemicals. Your employer should provide you with safety gloves and equipment. Otherwise you may have grounds for a claim for compensation.
Repetitive Strain Injuries (RSI) – RSI include Carpal Tunnel syndrome, vibration related white finger, overuse injuries and certain chronic pain syndromes. Read more about Repetitive Strain Injury here.
Hearing Loss – If your employment exposed you to continuous loud sounds without ear protection, you could bring a claim for compensation against an employer.

How Long Does an Industrial Injury Claim Take?

This is one of our most frequently asked questions and often one of the hardest to answer. Most straightforward industrial disease claims, where liability is admitted and all parties are identified can be brought to a suitable resolution within 12 months from our office being instructed.

If your claim for compensation after an industrial accident is not straightforward, perhaps where the injury is particularly severe, or where parties are unknown, or liability is disputed, it will in all likelihood take longer to resolve.

Our advice, as ever, is to hire a professional legal team to represent and initiate the claims process just as soon as you become aware of the injury.

How Much Can I Get in Compensation?

There is no way to tell without gaining the advice of an expert. Industrial injury solicitors like Lacey Solicitors are skilled in Northern Irish compensation claim law. Get in touch with our professional, friendly, and reassuringly experienced team today to discuss your industrial injuries claim.

Seek Advice on a Potential Industrial Disease/Industrial Injury Claim

If you think you may be eligible for compensation due to an industrial injury or disease, then seeking legal advice is the next logical step. Lacey Solicitors have a Belfast branch who are skilled at handling industrial disease claims in Northern Ireland. Contact us now to discuss your situation in greater detail and get the legal advice you require in order to move on with your life.

Call Lacey Solicitors Today on 028 9089 6540.

Severe Weather Related Personal Injury Claims in Northern Ireland

Posted on 3 March 20256 March 2025 by Lacey Solicitors

However, attributing an accident solely to poor weather is not enough to explain why an injury or, in the worst cases, a fatality occurred. The key issue lies in the circumstances that allowed the dangerous weather conditions to have such an impact. Was proper risk assessment and preparation in place? Could negligence or oversight have contributed to the situation? These are critical questions to consider when determining the true cause of the incident and those questions can be answered by appointing specialist personal injury solicitors. Seek out a consultation with one of our lawyers if you wish to discuss a personal injury claim in Northern Ireland.

Bad Weather Worsens Accident Rates

Weather conditions such as heavy rain, snow, ice, and fog can significantly impair visibility, traction, and reaction times, leading to a higher rate of accidents. Additionally, adverse weather can cause dangerous falls, broken bones, and injuries from slipping on icy or wet surfaces. In fact, accidents related to weather conditions, including road traffic collisions (RTAs), hail, snow, and ice-related injuries, rise during colder months.

With the ongoing impact of climate change, extreme weather events are expected to become more frequent, exacerbating the risk of personal injuries in the coming years.

What Types of Personal Injury Happen in Cold Weather?

Winter and adverse weather conditions present various types of accidents. Here are some common weather-related personal injuries you may encounter:

Slipping Indoors or Outdoors

Slippery surfaces due to ice, snow, or rain can result in falls both indoors and outdoors. In shopping centres, supermarkets, and public areas, wet floors often cause people to slip, leading to broken bones, muscle strains, or soft tissue injuries.

Flooding Injuries

Flooding can lead to serious injuries, and has become a real threat in some parts of Northern Ireland where it is more prevalent. While drowning is a significant risk, floodwater often contains harmful bacteria, raw sewage, and debris, which can lead to infections and sepsis from cuts and scrapes.

Road Traffic Collisions

Bad weather is a significant factor in increased RTAs (Road Traffic Accident). Poor visibility affects drivers’ response times. Wind can flip tall vehicles and snow can bring traffic to a standstill. There were 4,977 road traffic accidents from 2023-2024.

According to leading UK insurers January is the month with the highest percentage of traffic accidents occurring in wet conditions, accounting for 15.3% of all incidents. It is followed closely by November (14.9%) and February (14.6%). Surprisingly, the warmer summer months still pose a risk, with July and August seeing 9% of accidents occurring in rainy weather. This shows that regardless of the season, drivers should always stay alert when the weather takes a turn for the worse.

Outdoor Worker Safety Becomes Compromised in Bad Weather

If you are a bricklayer, a roofer, or a day labourer working in construction then the risks associated with the job sharply increase in high winds, rain, or snow. Your employer has a duty of care to keep you safe while you are carrying out your daily duties. Slippery surfaces, falling debris, farming and agriculture incidents, and construction site safety issues all occur in bad weather.

The Importance of Hiring a Personal Injury Solicitor

If you’ve been involved in an accident due to weather conditions, whether on the road or at work, seeking legal advice is crucial. Personal injury solicitors specialise in representing individuals who have been injured in accidents caused by another party’s negligence, including poor road maintenance, unsafe working conditions, or inadequate safety measures.

Our personal injury checklist can allow you to take the first steps towards recovery.

A solicitor will help you navigate the claims process, gather the necessary evidence, and fight for the maximum compensation you’re entitled to. Compensation can help cover medical expenses, lost wages, and the pain and suffering caused by the accident.

Prioritise Safety in Bad Weather and Seek Legal Advice

You have only one obligation throughout periods of bad weather and that is to keep yourself and your family safe. Read our article on how to stay safe in dangerous weather conditions. Once the bad spell has passed and you are left to deal with the fallout from an injury, it is time to seek legal advice.

Lacey Solicitors Firm include skilled personal injury solicitors who can become your voice in the legal system. Seek out a consultation today to discuss your options.

How to Stay Safe During Dangerous Weather Conditions: A Guide for Employers and Employees

Posted on 27 February 202527 February 2025 by Lacey Solicitors

As winter sets in, Ireland experiences colder temperatures, shorter daylight hours, and an increase in dangerous weather conditions like snow, ice, and heavy rain. These conditions can significantly increase the risk of accidents, especially slips, trips, and falls, which are common during the autumn and winter months. With many employees commuting in the dark and the weather worsening, it’s important to take proactive steps to ensure safety in the workplace.

In this article, we will provide guidance on how both employers and employees can stay safe during dangerous weather conditions and reduce the risk of accidents in the workplace.

What Should Employers Do to Prevent Accidents?

As the weather deteriorates, it’s essential that employers take appropriate steps to reduce the risks posed by icy conditions and hazardous outdoor environments. Here are some key actions your employer should take to protect their workforce:

Grit Walkways and Entrances:
If ice or snow is forecast, it is essential for employers to ensure that all walkways, pedestrian entrances, and paths are properly gritted. Grit (or rock salt) helps prevent the formation of ice, but it takes time to work, so the best practice is to grit the evening before the temperatures are expected to dip below freezing and again in the morning before employees arrive. Regular gritting throughout the day may also be necessary during ongoing weather conditions.
Winter Weather Risk Assessments:
A responsible employer should conduct a thorough risk assessment to identify any potential hazards that may arise due to dangerous weather conditions. These might include:
- Paths under trees that are at risk of becoming slippery from falling leaves.
- Blocked gutters that may cause excess water to spill onto pathways.
- Areas that are perpetually shaded, leading to the build-up of moss, algae, or ice.
- Poorly lit areas where it may be difficult to spot potential hazards like ice or debris.
Ensure Proper Drainage:
Ensure that drainage grids are free from obstructions to allow for the smooth flow of water. This will prevent water from pooling on walkways and causing further slip hazards.
Clear Outdoor Paths and Walkways Regularly:
Regularly clear paths of fallen leaves, moss, and other debris. Employers should also prune back overhanging trees or shrubs that may obstruct walkways or contribute to dangerous conditions.
Non-slip Mats and Wet Floor Signage:
Provide non-slip mats at entrances to buildings to help absorb moisture and prevent slips. Additionally, ensure that wet floor signs are clearly visible in areas that are likely to be slippery due to incoming weather conditions.
Communicate Policies to Employees:
Make sure all employees are aware of the firm’s winter or dangerous weather policy, including the steps to take when encountering hazardous conditions. Encourage them to report any hazards they notice on the premises.

What Can Employees Do to Stay Safe?

While employers have a responsibility to ensure workplace safety, employees also play a crucial role in maintaining a safe working environment during dangerous weather. Read our article on the steps and employee can take:

Report Hazards Promptly:
If you notice a potential hazard, such as a build-up of leaves, blocked drainage, or slippery surfaces, report it to your employer immediately. Prevention is always better than dealing with an injury.
Wear Appropriate Footwear:
When working outdoors in dangerous weather conditions, ensure you are wearing sturdy, non-slip footwear. This is one of the simplest ways to avoid slipping or falling.
Familiarise Yourself with Company Policies:
Make sure you understand your company’s winter or dangerous weather and risk assessment policies. Know what to do in case of an emergency or hazardous conditions and follow the safety procedures laid out by your employer.
Be Mindful of Your Surroundings:
Always be aware of any hazards on your way into and out of the workplace. Take extra caution when walking in poorly lit areas, and avoid rushing if conditions are slippery.

Additional Tips for Staying Safe in Dangerous Weather

In addition to workplace safety, it’s also important to take steps to stay safe in your personal life, especially if you need to travel during extreme weather conditions. Here’s how you can protect yourself:

Avoid Unnecessary Travel:
If dangerous weather is forecast, the first and most important rule is to ask yourself: “Do I really need to go out?” Driving in heavy rain, snow, or high winds can be dangerous, especially with fallen debris and flooded roads. Only travel if absolutely necessary, and ensure you check local weather reports for any disruptions.
Driving in Dangerous Weather:
If you must drive, ensure you are prepared:
- Keep a firm grip on the wheel, especially when driving over bridges or in areas with little shelter from the wind.
- Avoid overtaking other vehicles when wind conditions are high.
- Slow down and drive cautiously when visibility is poor or when there is standing water on the road.
- Always carry essential supplies such as food, water, blankets, and a fully charged phone in case of emergency.
Stay Indoors During Storms:
During extreme weather like storms, stay inside as much as possible. Avoid walking near buildings, trees, or fences that could collapse due to strong winds or flying debris. Listen for weather updates on the radio and TV to stay informed about any safety risks.
Prepare for Power Cuts:
In case of power loss, turn off non-essential appliances but leave a light on to indicate when power has been restored. Ensure you have warm clothing, a flashlight, and any necessary supplies ready in case you need them.
Take a note of important numbers:

The Health and Safety Executive in Northern Ireland has a list of emergency contact numbers on their website that you should save in case you need them.

What to Do After a Storm

Once a storm has passed, be sure to check for any damage to your home, workplace, or property. Here are some key actions to take:

Contact your insurance company to report damage as soon as possible.
Avoid walking around exposed electrical lines or other hazards.
If necessary, arrange for emergency repairs to prevent further damage.
Keep receipts for any repairs or emergency services as they may be needed for your claim.

Can You Claim Compensation for an Accident?

If you suffer an accident at work due to dangerous weather conditions, you may be entitled to compensation, especially if your employer failed to implement necessary safety measures or carry out a proper risk assessment. If you’ve experienced an injury due to slipping on an icy surface or other weather-related hazard, contact a personal injury lawyer to discuss your options. Our team at Lacey Solicitors is here to provide expert advice on your case.

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.

Case Study – Ciara’s £6,000 Settlement for her Allergic Reaction Work Accident Claim in Belfast

Posted on 26 February 202526 February 2025 by Lacey Solicitors

Case Study: Successful Work Accident Claim – Ciara’s £6,000 Settlement

Client: Ciara
Settlement: £6,000
Location: Belfast
Case Type: Work Accident Injury Claim

Overview: Ciara’s Work Accident and Injury Claim

Ciara, who suffers from a severe nut allergy, was employed at a popular Belfast hotel. On the day of her accident, a number of new chefs from across the UK and Ireland were testing new menu items. Among the dishes being tested was a chocolate-based dessert containing nuts, which Ciara was unaware of.

Although Ciara did not consume or touch the dessert, she was in close proximity to the kitchen where the dish was being prepared. Within minutes, Ciara began experiencing difficulty breathing and developed a rash, signs of a severe allergic reaction. Upon realizing that the dessert contained nuts, she immediately used her Epipen and was driven to the Royal Victoria Hospital in Belfast for urgent treatment.

Why Ciara Contacted Lacey Solicitors

Feeling frustrated and concerned about her safety at work, Ciara sought legal advice from Lacey Solicitors’ personal injury team. She was given a free, no-obligation consultation with Ruaidhri Austin, Partner at Lacey Solicitors.

After discussing her case, Ciara decided to pursue a personal injury claim against her employer for failing to ensure her safety in the workplace. Lacey Solicitors were impressed at the steps taken by Ciara following the accident at work. Ruaidhri sent a formal letter of claim to the hotel’s management and arranged for medical reports from an emergency medicine consultant from Royal Victoria Hospital in Belfast to support Ciara’s case.

The Employer Denies Liability

Ciara’s employer quickly denied any liability, arguing that they had taken all reasonable steps to ensure her safety. Their Insurance company claimed Ciara’s allergic reaction was not caused by the menu testing event, denying the presence of any nuts in the kitchen that day. The employer also suggested that Ciara may have encountered nuts elsewhere prior to her shift.

Lacey Solicitors rejected these claims on Ciara’s behalf and immediately issued court proceedings against her employer claiming that they were in breach of the Health and Safety at Work Order 1978, the Control of Substances Hazardous to Health Regulations (NI) 2003 and the Management of Health and Safety at Work regulations (NI) 2000.

Settlement Negotiations and Legal Strategy

The insurance company on behalf of Ciara’s employers appointed Solicitors to Defend the case. They maintained that the injury was minimal lasting no more than 30 minutes and that the matter should be dismissed by the court. Furthermore, they warned Ciara that if the case proceeded, she could be ordered to pay their legal fees.

Lacey Solicitors firmly disagreed with the their position, advising Ciara that she had a strong case and should continue with the legal process.

Ciara’s employers solicitors eventually agreed to enter into settlement discussions. Although they initially proposed a minimal compensation amount, arguing that Ciara’s injury lasted only about 30 minutes, Lacey Solicitors successfully negotiated a settlement of £6,000 for Ciara’s injury, as well as her legal fees. Ciara received her compensation four months after we issued legal proceedings.

Why Choose Lacey Solicitors for Your Work Accident Claim

At Lacey Solicitors, with offices in Belfast and Dublin, we have a reputation as experts in insurance law and are committed to ensuring you receive fair compensation for injuries sustained in the workplace. Our expert team offers tailored legal advice, guidance, and representation to support you throughout the claims process.

Contact Lacey Solicitors in Belfast Today

If you’ve been injured at work, you can trust Lacey Solicitors to guide you through the claims process. We offer a free initial consultation with one of our expert solicitors who will help you understand your legal options.

Get in touch today using our online form to speak with a trusted accident at work solicitor in Belfast. We’re committed to providing you with expert legal advice and representation to help you get the compensation you deserve.

Accidents in the Workplace: Farming and Agriculture

Posted on 6 February 20254 March 2025 by Lacey Solicitors

The farming and agriculture industry in Northern Ireland and the UK has a disproportionately high number of accidents and fatalities when compared to other industries.

Farming and agricultural workers represent approximately 1% of the workforce in Northern Ireland. Nevertheless, this industry has the highest workplace fatality rate of all others.

Farmers, like any worker, should be properly compensated for their injuries if they were involved in an incident that was not their fault. Seeking personal injury compensation after an animal handling incident, an injury caused by farm equipment, or an injury caused by driving a farm vehicle, is how an employee might look to recover both financially and physically from an incident.

Serious Statistics Show NI Farm Workers are at Risk of Workplace Injuries

Farming and agriculture is a dangerous industry which has a long history of high fatality rates in Northern Ireland. During the period 2023-2024 there were 8 accidents in this sector which resulted in a workplace death. Of the total of 17 workplace deaths during that same period, farming and agricultural incidents represent 47% of all workplace fatalities.

Speaking at the 12th annual Farm Safety Week in July 2024, Robert Kidd, Chief Executive of the Health and Safety Executive for Northern Ireland said that the agriculture industry had “once again proved to have the poorest safety record of any industry in Northern Ireland.”

Mr Kidd added that thousands of farmers suffered every day due to serious injuries, long term health complaints, and poor mental health.

Common Types of Farming Accidents

There are common types of personal injury which farm workers experience. Falling from height is a common accident on a farm. Stacking hay bales and operating heavy machinery can result in trapped body parts. Repetitive strain injuries (RSI) are not uncommon.

Amputations, loss of limbs, animal handling incidents, and machinery operating are all common causes of agricultural accidents. Slips, trips, and falls are all common on the farm as are catastrophic injuries which can result in death.

Farming and Agricultural Work Accidents Go Beyond Physical Injuries

Here at Lacey Solicitors firm we understand the devastation that a farming injury can have on families. Physical injuries caused by faulty machinery or heavy farming equipment are incredibly difficult to deal with. However, farm trips, slips, falls, or other accidents also can have a lasting impact which goes beyond physical health.

Farmers who have long term health problems after an injury can lose income due to their limited mobility. This can have a knock-on effect on their mental health, leaving them unable to fully provide for their families which leads to financial instability. Seeking compensation for your personal injury at work on the farm could ensure you and your family are protected, should the worst happen.

Bring a Claim for Compensation to Cover the Cost of Farming Injuries

Have you been injured due to an accident on a farm? Do you work in the agriculture sector and need a trusted source to turn to for advice regarding how to bring a claim for compensation to cover the cost of your injuries after an accident?

Lacey Solicitors Belfast are here to help. Contact us today to discuss your options in bringing a compensation claim after your workplace accident.

PSNI Releases 2023-2024 Road Traffic Accident Statistics: A review of Injuries and Fatalities in Northern Ireland

Posted on 30 January 202531 January 2025 by Lacey Solicitors

The provisional road traffic collision figures for 2023-2024 have been released, revealing a concerning 7,833 recorded injuries resulting from 4,977 road traffic accidents. Road Traffic Accidents (RTAs) continue to account for the majority of personal injuries reported annually in Northern Ireland.

Road Traffic Statistics in Northern Ireland 2023-24

Provisional figures for road traffic collisions in Northern Ireland for 2023-2024 have been released, offering important insights into the latest trends surrounding road traffic accidents. The Police Service for Northern Ireland (PSNI) has broken down the data by age, gender, and month, revealing key patterns in fatalities.

During this period, 39 drivers tragically lost their lives in fatal road traffic accidents, while 8 pedestrians were killed, with a higher risk for males aged 25-64. In a surprising statistic, only one pedal cyclist died from injuries in a road traffic accident. A total of 68 people lost their lives on Northern Ireland’s roads in 2024, a slight decrease from 71 in the previous year.

The report highlights a concerning increase in drink driving which is further supported by the BBC article which confirmed that an alarming 132 motorists were arrested for drunk driving between December 1st and 15th, 2024.

For those injured in a road traffic accident, many seek to pursue a personal injury claim if they were not at fault. Whether involving passengers, pedestrians, or no-fault drivers, road traffic accidents are common, and many individuals turn to personal injury solicitors to guide them through the process of compensation claims and protect their financial interests.

Can You Make a Personal Injury Claim for Car Accidents in the UK and Northern Ireland?

At Lacey Solicitors, our advice to anyone involved in a collision is to speak with a solicitor who specialises in road traffic accidents. A specialist solicitor can offer valuable assistance, ensuring peace of mind when dealing with any damage caused, injuries suffered, or financial losses incurred. They will provide expert guidance throughout the claims process, helping you navigate complex legal procedures and maximize your compensation entitlement.

After a road traffic accident in Northern Ireland, you can make a compensation claim against the at-fault driver and their insurance company. In most cases, the at-fault party will cover any legal costs, allowing you to pursue your claim with minimal financial burden.

Can I claim Personal Injury even if the Accident was My Fault?

Even if you are largely at fault for a road traffic accident in the UK or Northern Ireland, you may still be able to make a personal injury claim under the principle of “contributory negligence.” This legal concept allows you to seek a percentage of damages from the other party if they share some of the responsibility for the accident.

For example, if you were making a right-hand turn and failed to check your mirrors, not noticing a vehicle overtaking you at the time, it could be argued that your actions contributed to the collision. However, it may also be argued that the other driver overtook you when it was unsafe to do so, which could share some of the liability.

Contributory negligence can reduce the amount of compensation you are entitled to, depending on the degree of fault attributed to each party. It’s important to consult with a specialist road traffic accident solicitor to evaluate your case, as they can help you navigate the complexities of contributory negligence and ensure that your rights are protected.

How much Compensation can you get for a Personal Injury after a Car Accident?

The amount of compensation you could receive for personal injury after a road traffic accident (RTA) can vary, and it’s impossible to accurately predict without a detailed assessment. Even advanced road traffic accident compensation calculators can only provide rough estimates, as each case is unique and depends on various factors such as the severity of the injury, the impact on your daily life and any medical treatment.

To get a clearer idea of your potential award, it’s essential to consult with a specialist personal injury solicitor. An experienced road traffic accident solicitor will offer valuable insights into the strengths of your compensation claim and guide you through the process, increasing your chances of success.

If you’ve been involved in a car accident, you deserve the best possible representation. Contact Lacey Solicitors Belfast using our online form to discuss your case and ensure you receive the compensation you’re entitled to.

Multiple Injuries and the Assessment of Damages, North and South.

Posted on 28 January 202528 January 2025 by Damian McGeady (Partner)

A valued insurance client recently asked for guidance on measuring damages for personal injury in Northern Ireland, where multiple injuries are sustained, and how it compares to the approach South of the border.

Green Book Claims

The Green Book, or to give its official title, Guidelines for the Assessment of General Damages in Northern Ireland, was recently updated with the publication of the sixth edition. It is the NI equivalent to The Personal Injuries Guidelines. In applying the Green Book, the leading case on aggregating damages for multiple injuries is Wilson v Gilroy & Anor [2008] NICA 23.

Intuition

Much will depend on a trial judge’s determination and intuition.

In Wilson, the Court of Appeal concluded;

In cases involving a multiplicity of injuries each of which calls for individual evaluation, it is well established that one should check the correctness of the aggregate sum (which is produced when one adds together the amounts for all of them) by considering the figure on a global or general basis. Essentially, this involves an intuitive assessment of the suitability of the sum produced to compensate the plaintiff’s overall condition.

Application

In McAuley v Russell and others, Mr Justice Humphries applied a small discount on an aggregate award. In that case, he totted up the value of each injury as per the Green Book. The Plaintiff had suffered injuries including Left leg injury, Left arm injury, Right knee, Facial & ENT injuries, Scarring, Rib/chest injury, Concussion, Tooth injury, and an Adjustment Disorder. That amounted to an aggregate value of £250,000. Applying the test of the Court of Appeal in Gilroy, the Judge reduced the award to £225,000.

Theoretically, if the Court was satisfied, it could consider not applying a discount. It is not mandated; instead, it is for the Judge to decide. In practice, there will inevitably be a discount in most cases. The discount level may not be significant in some cases, such as the example in McAuley. When acting for Defendant Insurers, we would argue that there should be a much more substantial reduction than that given by the Court in McAuley. The truth is that another judge may well have given a lower award. Given, however, that it comes down to the intuition of the Judge, it would have been a difficult one to appeal.

Claims under the Personal Injuries Guidelines

There is much more detailed guidance south of the border, where the proposed revised Guidelines have noted the application of the Jurisprudence of the Superior Courts. See our previous insights where we highlighted that ‘The Uplift’ can exceed the value of the award for the dominant Injury in applying the new Guidelines.

Cases such as McHugh v Ferol and Lipinski (a minor) v Whelan, where the High Court noted that the existing guidelines did not provide specific direction regarding the uplift that should be applied in cases of multiple injuries. In McHugh v Ferol, the court established that the combined uplift could, in certain circumstances, exceed the value of the award for the dominant injury. In the Lipinski case, the High Court gave clear guidance on calculating the compensation for psychiatric injury under the new guidelines.

In Zaganczyk Petit and others, the Court of Appeal referred to, with approval, the decision in McHugh v Ferol. In this instance, the Court of Appeal reduced the plaintiff’s award and gave further guidance on the methods of valuing psychiatric injury under the guidelines and procedures for calculating the uplift in a case of multiple injuries.

If the revised guidelines are passed (as expected), these will be put on a formal footing.

Understanding Liability in James v Halliday [2024] IEHC 281

Posted on 15 January 202515 January 2025 by Maria Adams

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:

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.
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.
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.

Your Personal Injury Checklist for Accidents in Northern Ireland

Posted on 10 January 202527 February 2025 by Lacey Solicitors

Do you know what to do if you are injured and it wasn’t your fault? Consult this personal injury checklist to help you to think through all the things you need to do before you make a claim for compensation following an accident.

If you’ve suffered an injury that wasn’t your fault, you may be entitled to claim compensation. Whether it’s a slip at a restaurant, a burn from a takeaway, or any other kind of accident in Northern Ireland, taking the right steps after your injury can significantly impact your compensation claim. This checklist will help guide you through the necessary actions to to help secure the full compensation you’re entitled to.

Personal Injury Claim Checklist: What to Do After an Accident in Northern Ireland

Injuries from accidents that aren’t your fault can be stressful, but with the right steps, you can protect your legal rights and get the compensation you deserve. Here’s a step-by-step guide to follow after an injury in Northern Ireland:

1 – Make Yourself Safe

Your immediate priority should always be your safety. Move away from any dangerous areas and seek help if necessary.

2 – Report the matter

No matter the type of accident—whether it’s a workplace injury, a slip on public property, an injury in a car accident, or even an assault—always report the incident. For example, you may need to inform the PSNI (Police Service of Northern Ireland), your supervisor, or another relevant authority. If your injuries require medical attention, seek immediate care from a hospital or doctor. Documenting your injuries in a medical setting can greatly assist your compensation claim.

3 – Gather Information

Once you’re safe and have reported the incident, gather as much information as possible. Take photographs of the accident scene, any visible damages, and any hazards that contributed to your injury. If there were any witnesses, collect their contact details. This evidence will be crucial in building your case.

4 – Contact a Personal Injury Solicitor

To ensure your compensation claim is handled correctly, consult an experienced personal injury solicitor in Northern Ireland. The sooner you contact a solicitor, the better equipped they’ll be to help you gather all the necessary information and start building your case. At Lacey Solicitors, we gather all relevant details and evidence in our initial consultation, ensuring we have a comprehensive understanding of your case.

Details Your Personal Injury Solicitor Will Need

When making a personal injury claim, your solicitor will need the following details to assess your claim:

Date, time, and location of the accident
Contact details of anyone involved (including witnesses, if applicable)
Details of your injuries: the type of injury, how it happened, and how it is affecting your daily life. Photographs or videos of your injuries are highly recommended.
Medical treatment: Records of medical care you’ve received, including receipts for treatment costs.
Loss of earnings: Proof of lost wages due to your injury, such as wage slips.
Additional expenses: Any other receipts or evidence of costs related to your injury.

The more evidence you can provide, the stronger your claim will be.

Conclusion: Protect Your Right to Compensation

Following this personal injury checklist will give you the best chance to successfully pursue the maximum compensation amount for your injury. Don’t wait—contact Lacey Solicitors today for a free consultation. Our team of personal injury experts are ready to help you secure the compensation you’re entitled to.

Contact us today

If you’ve been injured in Northern Ireland and believe you may be entitled to compensation, get in touch with Lacey Solicitors now. Visit our website and use our easy online contact form to begin your personal injury claim.