Personal Injury Law in Ireland
Personal Injury In Ireland
If the negligence of another person has injured you, it is always important to follow some guidelines so that your claim can be settled in a timely fashion and as fairly as possible. Put in writing everything you can remember about the injury: how it occurred, the names and addresses of those involved and witnesses to the incident, names of Gardai, and names and titles of insurance company employees you have spoken to. The next step is to speak with a lawyer well-versed in personal injury law before making any statements of any kind to any insurance company representative. Be sure to collect as much photo evidence and documentation as possible to support your claim.
In order to prove who is at fault in an injury claim, you must be able to prove that the person who caused your injury was negligent. You must be able to prove that the person who caused the injury owed you a duty not to injure you but did not uphold that duty. You must also prove that there is a connection between that duty and the fact that you were injured and that you suffered damages. Further, if it can be proved that your own carelessness played a part in your injury, your settlement may be reduced in direct proportion to the amount of your carelessness involved as per comparative negligence laws.
The joint and several liability rules make each and every responsible person liable for the entire amount of your economic damages (such as lost wages and medical bills) without regard to proportional fault in the injury. Other damages (for instance, pain and suffering or emotional distress) are split on a percentage basis between those held responsible for the injury. If the cause of your injury is a consumer product, the manufacturer may be held responsible under the legal theory of "strict liability" if the product is considered unreasonable dangerous. However, you need to prove that the product was unreasonably dangerous and defective even when used for its intended purpose and in the way it was meant to be used. You also need to prove that the defect caused the injury, that you suffered damages, and that the danger was not obvious (such as with a sharp object).
The person who injured you is accountable for estimated medical expenses (past, current, and future) related to the accident, lost work time, property damage, disfigurement or disability, emotional distress, the cost of hiring help, and any other costs that are the direct result of the injury.
It is always advisable that you contact a personal injury lawyer to help you with your claim. Only a lawyer well-versed in personal injury law will know the best course of action to take, and will be able to find expert witnesses to help prove your case.
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