Personal Injury Claim Archives - Lacey Solicitors | Specialist Insurance Law Firm

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.

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

Posted on 10 January 202530 January 2025 by Maria Adams

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

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

What is a Repetitive Strain Injury?

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

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

Can You Claim Compensation for RSI?

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

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

Common Types of RSI at Work

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

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

What is Type 1 and Type 2 RSI?

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

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

How Do You Prove a Repetitive Strain Injury?

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

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

What is an RSI Compensation Claim Worth?

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

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

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

Contact Lacey Solicitors for Help with RSI Claims in Belfast

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

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

Additional Resources

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

BBC News: BBC News – Workplace Health & Safety
Health and Safety Executive: HSE – Work-Related Injuries
The Health and Safety Executive for Northern Ireland: HSE NI

How to Make a Personal Injury Claim in Northern Ireland?

Posted on 15 November 20245 December 2024 by Lacey Solicitors

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;

Liability for the accident is in dispute.
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.

How Much is My Personal Injury Claim Worth?

Posted on 18 September 202420 January 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?

The answer is not straightforward and changes for each individual case. Injuries and accidents happen every day in Belfast. Whether the accident happened on the road, at work or somewhere else, if it was not your fault, you may be able to claim for compensation.

If you suffer an injury and someone else is to blame, then Lacey solicitors could help you obtain any compensation that you are entitled to. Our legal team takes an expert approach to personal injury and liability claims. Lacey Solicitors can give an estimate of how much we think your personal injury claim is worth depending on your injuries and circumstances.

What is My Personal Injury Claim Worth?

Assessing an injury claim is not an exact science. The level of compensation will depend upon several factors.

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 serious injuries will attract a higher level of damages with Catastrophic injury claims such as quadriplegia attracting awards from the court of up to £870,000.00.

What is my Severe Brain Injury Claim Worth?

Compensation for very severe Brain Injuries ranges from £500,000.00 to £850,000.00.

What is my Road Traffic Accident Claim Worth?

Road traffic accidents often result in minor neck injuries such as whiplash. For minor neck injuries where a recovery is made within 6 months the compensation should be up to £5000.00. Where recovery takes longer and full recovery is not until 24 months, compensation should be up to £17,500.00.

What is My Industrial Disease Claim Worth?

Our office deals with a number of Industrial Disease claims, where pleural plaques can achieve up to £22,000.00. Severe Asbestosis claims result in compensation of up to £125,000.00.

What else can I claim for?

As well as claiming compensation for the pain and suffering from your injuries, you can make a claim for specific financial losses also known as “special damages.”

Suppose you are injured in a road traffic accident where someone drives into the rear of your car. As well as your injuries, the car may require repairs carried out, you may have a hire car to keep you on the road, you may take time off work and may have lost earnings.

Special damages essentially make up your out-of-pocket expenses and their purpose is to compensate you for those additional costs caused, or reasonably expected to occur, as a result of the accident.

Some of the most common types of special damages include:

Damaged items
Loss of earnings both past and future.
Repairs to vehicles
Medical care both past and future.
Travel expenses
Rehabilitation costs.
Specialist equipment such as hearing aids or prosthetics.

For the initial steps to take to assist your legal team in making a claim for compensation consider our previous article.

What is the Average Payout for a minor back injury in Northern Ireland (UK)?

The average payout for a personal injury claim in Northern Ireland differs based upon the nature of your injuries.

For a minor back injury where a full recovery takes place without surgery within a period of more than 6 months and less than 24 months, the level of compensation should be up to £22,500.00.

What is the Average Payout for a Personal Injury Claim?

Since the nature of personal injuries differs greatly it is impossible to work out an average payout on a case-by-case basis.

How Much do you get for Whiplash in NI?

Whiplash injuries are neck injuries that occur when the neck is suddenly and forcefully moved back and forth, similar to the cracking of a whip. They are often experienced in rear-end car crashes but can be caused by other types of trauma such as falls and sports accidents.

For a minor back injury where there is a full recovery within a period of 6 to 12 months, the level of compensation should be up to £7500.00.

Get Legal Help for Your Compensation Claim

Lacey Solicitors are here to guide you through your claim for compensation after an accident or injury. Contact us today to discuss our services and how we can help you.