Other Accidents & Injury Claims

This section covers other accident types. For Road accident / injury claims click here, for workcover related accidents / injuries click here

Other Accidents & Injury Claims

Public Liability, Occupiers Liability and Medical Negligence.

Attempts should always be made to settle the matter. However, if it is unlikely then instructions should be sought to issue proceedings.

Proceedings must be issued within three years.

It is a good idea to take a set of properly identified photographs as soon as humanly possible after the accident.

IF YOU HAVE QUERIES REGARDING A POTENTIAL CLAIM FOR PUBLIC LIABILITY, OCCUPIERS LIABILITY, PROFESSIONAL NEGLIGENCE OR MEDICAL NEGLIGENCE CLICK HERE TO COMPLETE THE QUESTIONNAIRE OR CALL 1800 700 125.

Following the enactment of the Civil Liability Act in the wake of Insurance Companies lobbying against reduced profits these types of personal injuries claims can be quite complicated. It is essential that you contact a personal injuries accredited specialist solicitor. Click here to contact one.

Sections 20-22 of the Civil Liability Act now makes it very complicated and sometimes difficult to bring an action against a doctor for medical negligence, even where on the face of it, there has been a significant breach of a duty of care.

The Civil Liability Act now protects public and other authorities regarding the upkeep of public facilities, which also makes it very complicated and often difficult to bring an action against a public authority, such as a local council.

The Civil Liability Act now imposes guidelines whereby an assumption of contributory negligence up to 50% automatically arises when a defendant to a matter is intoxicated.

The Civil Liability Act now imposes stricter guidelines upon claims for gratuitous services, making them much harder to claim and subject to close scrutiny. Which means help received during rehabilitation may be jeopardised.

The Civil Liability Act now imposes strict guidelines upon the calculation of general damages, which may operate in a draconian manner if not dealt with and claimed correctly.

In light of the above, it is important that you contact a personal injuries accredited specialist solicitor. Click here to make an obligation free enquiry or call our hotline on 1800 700 125

Time Limits

Generally, you only have three years from the date of an accident within which to issue proceedings, should you not settle or issue proceedings within this time, you could lose your rights forever and be prevented from claiming.

Generally, written initial notification in the form a “Notice of Claim” must be given to the party liable for the injury within either nine months of the injury or one month after consulting a solicitor. Special provision apply in relation to notification in medical negligence matters, especially those involving minor. In these circumstances you should contact a personal injury specialist solicitor. Click here

If the notice of claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.

Once the notice of claim has been deemed compliant and medical reports obtained a compulsory settlement conference must be held prior to being in a position to lodge court proceedings.

There are important time limits which may alter the 3 year limitation period, for example, following a compulsory conference proceedings must be issued within 60 days following the conference.

It is therefore important that you contact a personal injuries accredited specialist, to do so, click here or call our hotline on 1800 700 125