The Steps To Take After an Accident in NI for a Successful Personal Injury Claim

If you wish to give yourself the best chance at a successful personal injury claim after a trip, fall, traffic accident or pedestrian accident, then there are steps you ought to take immediately following the incident.

 

Whether you have been injured from a fall, an accident at work, a faulty appliance, or a road traffic accident that wasn’t your fault, you may be able to claim compensation. Often injuries are preventable and should have been addressed before the accident happened. Choosing a solicitor that has the skill and experience to act on your behalf is one of the most important steps. 

 

Here are the other steps you can take to maximise your chances of a successful personal injury claim.

 

Had an Accident? Take These Steps to Protect Your Interests

 

You should start this sequence of events immediately following your accident or injury. The sooner you can start the process, the better the evidence you can gather.

 

1 – Ensure Your Own Safety

 

Your primary responsibility is to make yourself safe, then make any dependants safe. In the case of a pedestrian accident or road traffic accident this includes not rushing back into danger to help others. 

 

Call 999 and get medical assistance. You can only start to help others when you are safe yourself. 

 

2 – Seek Medical Treatment

 

If you were injured, concentrate on your recovery and becoming well again. Take the initial time to focus on what your own doctors advise you to do. If you do not require a hospital visit, speak to your GP for advice about your recovery.

 

3 – Report the Accident

 

Reporting the accident to the relevant authority is an important step in the process. If the accident happened at work, report it to your employer. If the accident happened in a road traffic collision, report it to the police. 

 

4 – Speak to Witnesses

 

As soon as it is safe to do so, try to speak to anyone who witnessed your accident. Taking note of their contact details means you can later pass these details on to your personal injury solicitor. They will contact them for a statement, helping to form an accurate picture of how your accident went down. 

 

All this acts as evidence for when your lawyer is dealing with the insurance companies responsible for your potential pay-out. 

 

5 – Take Pictures

 

Creating a timeline of events is far easier if the insurer and your attorney have a visual aid which allows them to picture the event. Look for dash cam or CCTV footage. Take pictures of tyre marks on the road or damaged equipment caused by your accident. 

 

6 – Seek Legal Advice

 

Before starting the claims process, you should research the best local firms in Belfast. You should look for a firm that specialises in Injury and Insurance claims. LAcey solicitors in Belfast have the skill and experience to act on your behalf.They will give you unprecedented guidance towards seeking compensation for your medical expenses, loss of income, and any future loss of earnings. They are also skilled in the complex laws regarding psychiatric injuries and medical negligence suits. 

 

Lacey solicitors could be the legal representatives you need to make a successful personal injury claim in Belfast or Dublin. We are known for our accessibility and straightforward approach. We avoid complicated legal terms and, with solicitors specialising in a wide range of claims, contact us today to discuss your options.

 

Expert Legal Advice is Irreplaceable

 

One thing is certain: after an accident there is no substitute for expert legal advice. A personal injury lawyer will work with you to achieve the maximum possible compensation that you can claim… no matter how many of the steps above you manage to work through.



Falls, Slips, and Accidental Trips in Belfast – How Soon Should You Start Your Claim for Compensation?

If you have been the victim of slipping on a wet floor, tripping on a hazardous object, or falling in a public place, then this could lead to major changes in your life… A legal professional could help you claim the compensation you deserve.

When slips, trips, or falls happen in Northern Ireland, and it was someone else’s fault, you may be able to make a claim for compensation. A personal injury solicitor will help you to make a claim, giving you the best chance at receiving optimal compensation. Often, your actions could prevent the same accident from happening to someone else.

Whether caused by hazards like uneven pavements, poor lighting, or wet surfaces, falling accidents happen all the time. Here at Lacey Solicitors we are often asked for guidance on how to claim for a slip, trip, or fall injury that was someone else’s fault.

Slips, Trips, and Falls in Belfast

The Health and Safety Executive for Northern Ireland notes slips and trips as the most commonly reported accident within the workplace. Altogether, this single branch of personal injuries in Belfast accounts for a full third of all major injuries at work. In 2023, as many as 10,000 Belfast workers suffered serious injuries caused by tripping and falling. Over 95% of those reported broken bones as a result.

What Injuries Can Slips, Trips, and Falls Cause?

Whether it is slipping on a spilled drink, tripping over a broken kerb or falling over an unmarked manhole, the result can be a variety of injuries and serious harm. In the past 12 months, our Belfast office has dealt with injuries involving:

  •       Broken bones
  •       Head injuries or significant brain trauma
  •       Muscular injuries such as strains or sprains
  •       Cuts, bruises and other lacerations

Last year, our personal injury solicitors dealt with a case in Belfast involving serious permanent facial disability and secured for him compensation for the pain and suffering, as well as reimbursement of his medical bills and lost income. 

When Should You Make a Claim for your Slip, Trip, or Fall Claim in NI?

 

It is always best to contact a personal injury lawyer to discuss your claim as soon as possible after a slip, trip, or fall. There is a statute of limitations on when you can file a claim for compensation in Northern Ireland. There is a legal time limit during which you are allowed to make a claim. 

What is the Statute of Limitations on Personal Injury Cases in NI?

The statute of limitations upon personal injury claims in Northern Ireland is 3 years. This means that you will need to file your claim for compensation after a trip, slip, or fall in Northern Ireland within three years of the date of your accident. Remember, for childhood personal injury claims you must file within 3 years of turning 18. Time limits can be extended in exceptional circumstances but it is always best to speak to a personal injury solicitor as soon as possible. 

Professional Personal Injury Experts Will Enhance Your Case

To give yourself the best chance of receiving the maximum possible compensation you could be owed, legal representation is a must-have. Lacey Solicitors have a proven track record in providing expert legal guidance.. With our specialist knowledge of personal injury law there is no one to better represent you within the greater Northern Ireland area.

Contact our legal team today to start your claim for compensation after a slip, trip, or fall, in Belfast.

Personal Injuries and the Constitution – Decision Incoming.

Decision in Delaney case eagerly awaited.

Briefing note by Damian McGeady.

Delaney v PIAB, The Judicial Council Ireland and The Attorney General

White Smoke?

The decision of the Supreme Court is expected to be handed down on Tuesday the 9th April next. The Appeal in the Judicial Review proceedings is from a decision of Mr Justice Meenan in the High Court. Here is a reminder of the issues.

Background.

On 12th April 2019 Mrs Delaney fell walking on a footpath grazing a knee and suffering an undisplaced fracture of the tip of the right lateral malleolus (minor ankle fracture).

She applied to PIAB. Respondent was the local authority, Waterford City and County Council. She was advised at the time that under the Book of Quantum general damages were in the range of €18,000.00 – €34,000.00. PIAB made an Assessment under the new guidelines in the sum of €3,000.00.

The Applicant initiated Judicial Review proceedings challenging the legal basis of the drawing up of the guidelines and that the PIAB erred in law in assessing the value under the guidelines and not the Book of Quantum.

The Limbs of Review.

  • Impermissible delegation of legislation. That the Judicial Council Act 2019 failed to set out “Principles and Policies” for drawing up the guidelines. It was in breach of Article 15.2.1 of the Constitution – vesting sole power of legislation in the Oireachtas.
  • That the provisions of the 2019 Act are unconstitutional being contrary to the constitutional provisions that provide for judicial independence (Article 35.2 of the Constitution).
  • That the imposition of the guidelines is retrospective depriving the Applicant of vested rights (Retrospection).
  • That the imposition of lower awards provisions were disproportionate and/or irrational and infringed the Applicant’s property rights, right to bodily integrity and equality under the Constitution.

The Decision.

The matter was heard in the High Court by Mr Justice Charles Meenan. He held as follows:-

  • There are well established principles for awarding general damages which is not just a matter between a Plaintiff and a Defendant, but also for society in general. Economic, social and commercial conditions have to be taken into account.
  • Section 90 of the Judicial Council Act sets out clearly the “Principles and Policies” to be applied (see limb (i) above).
  • In drawing up the guidelines the Judicial Council Committee methodically followed the “Principles and Policies”.
  • The Committee was not mandated to reduce costs of awards (some more serious awards saw a rise in damages). The results were as a result of the Committee applying the provisions of the 2019 Act.
  • The Committee was entitled to fix levels of awards having regard to levels of awards in other jurisdictions. Both the 2019 Act and the Supreme Court provided for this.
  • The provisions allow a Court to depart from the guidelines therefore it is not an encroachment on judicial independence.
  • Judicial independence, expertise and experience meant that the Judiciary is the appropriate body to draft the guidelines.
  • The Applicant’s constitutional rights of property, bodily integrity and equality do not encompass a right to a particular sum rather a right to have damages assessed in accordance with well-established legal principals.
  • In assessing the claim, PIAB acted in accordance with the PIAB Act 2003 (as amended).