If you sustain injuries arising out of a slip or fall you may be entitled to compensation for your injury*. However it is not always the position that one is entitled to claim compensation arising from such an incident. The first step is to establish whether or not the fault for the injuries is as a result of someone else’s wrongdoing.
It can be difficult to establish wrongdoing and therefore it is important to obtain legal advice as soon as is possible to assist with establishing the wrongdoing and then to process the claim. At Cantillons Solicitors we can take the stress out of dealing with all of the above. We will process the claim on your behalf to ensure you get the compensation that you deserve and will guide you through the process at every step.
It is also important to note that there are time limits within which the injured party can bring a claim. The time limits (statute of limitations) that apply are generally two years from the date of the incident.
At Cantillons Solicitors once legal advice is sought, a description of the incident will be obtained, a note of what was said at the time of the incident will be taken, witness statements will be taken where possible and an engineer will be retained to inspect the location of the incident with a view to establishing the fault for the incident.
Once fault has been established we, as your legal representatives, will then commence proceedings by drafting a letter to the responsible person setting out the circumstances of the incident and requesting that an admission of liability be made. We will write for medical records if you have attended hospital as a result of the injuries sustained and to your General Practitioner and/or whatever consultants you attended with regard to the injuries sustained. Once the reports and/or records are obtained and once it has been established that the injuries are as a direct result of the incident a claim for compensation can then commence.
The first step in this process is to submit a claim to the Injuries Board before one can seek recourse from the courts.
An Injuries Board application form is completed and a medical report is attached to this application form and submitted to the Injuries Board. It is vitally important that this form is filled out accurately as errors or omissions can be used against you at a later date.
Cantillons Solicitors will ensure that the Injuries Board application and supporting documentation correctly and accurately represent the extent of the claim to be made on your behalf.
The Injuries Board will only assess a claim for compensation if the other party does not dispute liability.
On average claims to the Injuries Board are assessed by the Board within a period of approximately nine months.
If an award is offered by the Injuries Board it can be difficult to know whether to accept or decline the offer. Again there are time limits within which you have to make the decision – twenty eight days to accept or reject.
At Cantillons Solicitors we can advise you on the adequacy of the award.
The other person/company has twenty one days to accept or reject the assessment and again if they fail to reply within this time period they will be deemed to have accepted the assessment.
If both parties accept the assessment an Order to Pay will be issued by the Injuries Board to the other person/company. If either party rejects the assessment a document known as an Authorisation is issued by the Injuries Board allowing the claim to be processed by the courts.
The process through the courts can take a number of years and we, at Cantillons Solicitors, will guide you through the process and conduct negotiations on your behalf to ensure you get the compensation you deserve.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 of [email protected] if you would like more information.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.