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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.

Stepping Out Safely: How to Be a Safe Pedestrian This Winter in Northern Ireland and Ireland

Posted on 15 November 20245 December 2024 by Lacey Solicitors

Winter walking brings its own set of challenges, with darker mornings, icy roads, and reduced visibility. Staying safe as a pedestrian is especially crucial during this time of year. According to the RSA, 2023 saw 38 pedestrian fatalities on Irish roads, the highest number in 15 years. To help you stay safe this winter, Lacey Solicitors have compiled a practical guide tailored for pedestrians across Northern Ireland and Ireland.

STOP, LOOK, LISTEN: Essential Road Safety

The Green Cross Code—STOP, LOOK, LISTEN—remains one of the simplest yet most effective ways to protect yourself when crossing the road. Here are some key do’s and don’ts to keep in mind:

NEVER:

Cross roads at bends or blind spots.
Cross between parked cars.
Cross while using your phone or when distracted.

ALWAYS:

Use pedestrian crossings such as zebra crossings, traffic lights, or traffic islands.
Stick to footpaths whenever possible.
If no footpath is available, walk on the right-hand side of the road, facing oncoming traffic, and stay as far off the road as possible.
Remove headphones and listen carefully for oncoming vehicles before crossing. Even if you don’t see a vehicle, one could be approaching.

Winter Awareness: Staying Visible and Alert

Winter months bring poor weather and limited daylight, which can make pedestrians harder to spot. Follow these tips to ensure visibility:

Stick to well-lit, public roads with clear footpaths during early mornings or evenings.
Wear fluorescent, reflective clothing to make yourself easily identifiable. Reflective gear is essential for children and pets, ensuring they can be seen from a distance.

Additional Tips:

Be extra cautious during fog, rain, or icy conditions, as drivers may have reduced stopping times.
Teach children the importance of wearing bright clothing and practicing road safety.

Alcohol Awareness During Festive Celebrations

With the festive season fast approaching, it’s vital to remember how alcohol impacts decision-making as a pedestrian.

Avoid walking home after drinking—use public transport, arrange a taxi, or rely on a designated driver.
Stay aware of your surroundings and look out for others who may be distracted or impaired.

Step into Safety: Protecting Children

Pedestrian accidents peak among children aged 12, often when they start traveling independently. Over half of these accidents occur during after-school hours. As parents and guardians, teaching children about pedestrian safety can have a lasting impact.

Practical Steps for Parents:

Help children map out the safest routes to school or frequently visited places.
Emphasize the importance of using crossings and being cautious around busy roads.
Encourage responsible pedestrian habits, which pave the way for safer future drivers.

Stay Safe, Stay Healthy

Walking during the winter months is a fantastic way to maintain physical and mental well-being. However, safety should always come first. By staying alert, visible, and mindful of the rules, you can enjoy the benefits of walking while minimizing risks.

For more expert advice on personal safety and legal support in Northern Ireland and Ireland, get in touch with Lacey Solicitors. We’re here to help.

Stay safe, and step into the winter season with confidence.

Insurers are likely to welcome Discount Rate changes

Posted on 26 September 20245 December 2024 by Lacey Solicitors

Insurers are likely to welcome the news that the Northern Ireland Personal Injury Discount Rate is to be set at +0.5%. The rate that it replaces had been set at -1.5%. In contrast the rate is still lower than the rate in the Irish State which stands at +1.5%.

The Government Actuary Department announced the rate following its report on the 24thSeptember 2024. The rate in Scotland has been raised from -0.75% to +0.5%.

The Discount Rate is used to determine lump sum damages awards in serious and catastrophic injury claims, where awards are made for future losses. The lump sum payments are intended to provide people with full and fair financial compensation for all expected losses and costs caused by their injuries.

Where part of a claim for future losses is settled as a cash amount, the lump sum is calculated allowing for the period over which losses and costs are expected to be met and the assumed investment return that the individual is expected to earn on the award over time. Factors taken into consideration include, the investment period, allowance for tax and investment expenses, damages inflation assumption and a notional investment portfolio.

The raise in the Discount Rate was expected, following a recent sharp rise, after a lengthy period of historically low interest rates.

How Much is My Personal Injury Claim Worth?

Posted on 18 September 20243 March 2025 by Lacey Solicitors

Thinking of making a claim for compensation for a personal injury in Northern Ireland? How much is your personal injury claim worth and how much compensation should you receive?

If you’ve been injured in an accident that wasn’t your fault in Northern Ireland, you may be entitled to compensation. The amount of compensation you can claim depends on the specifics of your case, including the type of injury and the impact it has had on your life. Whether you’ve suffered an injury in a road traffic accident, at work, or elsewhere, it’s important to understand how much compensation you might be entitled to.

What is My Personal Injury Claim Worth?

The value of a personal injury claim is influenced by multiple factors. While there’s no set amount, experienced solicitors can give you an estimate based on your situation.

Factors which impact the worth of a personal injury claim include:

A person’s age and pre-accident health
The type and severity of injury sustained
Any long-term prognosis
The medical care provided to date and any future medical expenses
The impact on a person’s life and career
Whether your own actions contributed to any of the injuries sustained

More severe injuries, such as catastrophic injury claims like quadriplegia, can attract substantial compensation, with awards from the courts reaching up to £870,000.

Personal Injury Compensation Breakdown in Northern Ireland

Here’s a closer look at compensation estimates for various types of injuries in Northern Ireland:

Severe Brain Injury Claims
Compensation for severe brain injuries typically ranges from £500,000 to £850,000.
Road Traffic Accident Claims
- Minor injuries like whiplash can yield £5,000 if recovery occurs within six months.
- For more prolonged recovery (up to 24 months), compensation can be as much as £22,500.
  Road traffic accidents can also result in lost earnings and vehicle repairs, all of which are compensable under special damages.
Industrial Disease Claims
- Ireland’s rich industrial heritage particularly in relation to its shipbuilding has meant that asbestos claims are particularly prevalent in this jurisdiction in comparison to other European countries
- Pleural plaques (common in asbestos exposure cases) can lead to compensation of up to £22,000.
- More severe cases, such as Asbestosis, can attract pay-outs of up to £125,000.

What Are Special Damages?

In addition to compensation for pain and suffering, you may also claim for financial losses directly resulting from your injury. These are called special damages and can cover:

Damaged property or items
Loss of earnings (past and future)
Car repairs or hire
Medical care
Travel expenses
Rehabilitation and therapy costs
Specialist equipment (e.g., prosthetics, hearing aids)

Special damages are essential for covering out-of-pocket expenses incurred because of the accident. If, for example, you are injured in a car accident, you could claim for vehicle repairs, hire car costs, lost income, and medical treatment expenses.

Compensation for a Minor Back Injury in Northern Ireland

For a minor back injury where full recovery occurs within 6 to 24 months, the typical compensation amount is up to £22,500. If the injury requires longer recovery or causes lasting effects, the compensation amount may increase.

Whiplash Compensation in Northern Ireland

Whiplash injuries to the neck are fairly common injuries in road traffic accidents, especially rear-end collisions. Compensation for whiplash varies:

For a full recovery within 6-12 months, compensation can range up to £7,500.

Average Personal Injury Compensation in Northern Ireland

Because personal injuries vary greatly, it’s difficult to pinpoint an average pay-out. The compensation you receive will depend on the specifics of your case, including the severity of the injury and its impact on your life.

Get Expert Legal Help for Your Personal Injury Claim

If you’ve been injured and need help navigating your personal injury claim, Lacey Solicitors is here to assist you. Our legal team specialises in personal injury and liability claims, and we’ll work to secure the compensation you deserve. Contact us today using our online form for a consultation on your case and let us guide you through the legal process.

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

Posted on 13 September 20245 December 2024 by Lacey Solicitors

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?

Posted on 13 September 20245 December 2024 by Lacey Solicitors

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.

Posted on 5 April 202410 January 2025 by Lacey Solicitors

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).