LEGAL FAQS
Frequently Asked Questions
What do I do if I have been involved in a motor accident?
If anyone is injured, you should call the Gardai immediately. It is important that a Garda be on hand to evaluate the accident, interview witnesses and take statements from people who saw the accident. If you have any pain or injuries, visit your doctor or the local A&E hospital. The Gardai will look after your car if you need to go to hospital.
Don’t feel compelled to take responsibility for the crash. It’s easy to say “I’m sorry” after an accident even when it wasn’t your fault, but using that language could hurt your case. Insurance companies advise their drivers to refrain from admitting fault at the scene.
If you have any injuries
Get the medical care you need ASAP. This should absolutely be your most important concern after an accident. Go to the doctor immediately after the crash and track any new health issues in the weeks and months that follow. Follow the medical professional’s advice and seek further/continued treatment if at all necessary. Keep records of your damages. File away medical bills, medical records, and any other paperwork related to the accident.
Speak with us about your legal options. We will handle your car accident case for you, letting you focus on recovering instead of fighting the insurance company.
DO NOT talk with the other driver’s insurance company! Instead, refer them to us and ask that any further communication be directed to our firm. Insurance companies will use every trick in the book to reduce the value of your potential claim if you are not represented.
If you have NOT been injured
Take pictures and then exchange contact information with all other drivers involved. If there are any witnesses, obtain all of their contact information. Remember to write down the other driver’s insurance company, his license plate number, driver’s license number, address, and insurance policy number.
Inform your insurance company within 24 hours of the accident so that they can begin filing claims.
What is involved in buying my home?
Buying a home is an exciting time but it can be overwhelming, especially if you’re a first-time buyer.
Unless you are a cash buyer then most likely you may have to apply for a mortgage. You should ask your mortgage lender for a “decision in principle” before you decide on your budget. This is a written statement estimating how much you’ll be able to borrow.
Once you have this, you can then make an appointment to talk with us about the home purchase legal procedure (known legally as the Conveyancing process).
Our law firm will act in your best interests and protect you if anything goes wrong. Do not take risks – this may be the most expensive purchase you ever make.
We will also explain how the home-buying process works and we will handle the process on your behalf. We ensure to give you relevant advice at every stage of the transaction including communicating with the seller’s solicitor and your mortgage provider.
While costs vary depending on the transaction, we will give you an estimate of all costs and outlays and agree same with you before the process starts. We will explain how much stamp duty is due and what the Property Registration Authority fees will be. You will also need advice about purchasing the property jointly if you are buying your home with your spouse or partner or other friend or family member.
Reasons why you should make a Will
While a substantial portion of people haven’t thought about making a Will, it is important to note that making a Will can offer real benefits for both you and your loved ones. A Will can look after the welfare of your family and the disposal of the assets and wealth you have worked your whole life for.
Making a Will is a way of providing for your family in the event of you dying. When making a Will, you will need to choose an executor who is a person appointed in your Will to carry out your instructions.
Wills are particularly important for those with young children; a Will is an essential way to name a guardian who will look after them in the event of you dying. If you have no Will or if no guardian has been specified in a Will, the Courts could decide who will look after your children instead of you deciding. Wills can also create trusts for young children to ensure their financial security in later life.
Also remember that Wills can always be changed as your life circumstances change.
Making a Will means you are making sure any of your assets will be divided the way you want. Your Will will specify what assets you want to leave to your family, charities, friends or other organisations. Making a Will ensures all sentimental items and objects are left to the individuals of your choice.
The death of a loved one can be a traumatic experience for several reasons. A Will that has your wishes clearly specified will make things a lot easier for your family. It is surprising how many families encounter conflicts over the division of the deceased’s assets. By seeking to eliminate the chance of any conflict, specifying where assets will be divided and providing financial support or guardianship, your Will enables you to care for your family even though you are no longer there to provide for them.
It is important to remember that a Will is a way of letting you protect and provide for your family when you are no longer present to do so. Wills are a way of controlling who will benefit from the resources and assets you have worked so hard for, making it one of the most important things you should do for both you and your family, before it’s too late.
Also, in relation to the distribution and disbursement of Kerry Co-Operative Creameries Limited Shares which may be part of your estate, we have many years’ experience in dealing with these.
What is involved in a personal injury claim?
Whether your injury was the result of another person’s negligence or you’re partially at fault, you should contact our firm to discuss your case and consider your legal options. As you are probably aware, most personal injury claims stem from motor car crashes, work injuries or unsafe management of buildings, offices and workplaces.
While most injury claims are successfully settled out of court some, due to complexity require that we may have to take your case before a judge to decide what compensation is appropriate. Sometimes you may be partially at fault or may be the partial cause of the accident and this is known legally as the Contributory Negligence Rule. Under this rule, the amount of compensation you receive may be reduced by a percentage equal to your share of fault. This is decided on a case-by-case basis.
While every personal injury case is different, the damages you may obtain depends on the nature and duration of your injury. It is important to remember that when we prepare your case, we consider the cost of medical expenses due to the injury, your lost wages due to missed work because of the injury, details of your pain and suffering as a result of the injury and recovery of any property damage.
Always consult us BEFORE you complete any insurance accident claim form. You have 2 years from the time of the injury to issue court proceedings thereafter your claim will be statute barred and you cannot claim. NEVER accept any settlement offer from an insurance company or third party until you speak with our firm. It takes years of experience handling personal injury cases to know the true value of a case.
What is involved in bringing a medical negligence claim and case?
A clinical medical negligence claim is a demand for financial compensation for alleged harm caused by substandard clinical or medical care to you. Usually claims include failure or delay in diagnosis, or incorrect treatment. In order to bring a successful claim you, the patient, or other person bringing the claim, must prove on the balance of probabilities that there was a breach of duty as the treatment offered was such that no reasonable doctor would have delivered that care. You must prove that this breach of duty caused or contributed to the injury, loss or damage suffered, and that the patient would not have suffered that loss without the breach of such duty.
An appropriate expert medical opinion must be obtained. When legal proceedings are commenced, most claims are either discontinued, or settled by mediation or negotiation. The first stage of court proceedings is that a summons or Civil Bill is prepared and issued in either the Circuit Court or the High Court. You MUST issue your proceedings two years from the date of injury, or the date the patient knew they had suffered an injury. This time limit can be extended in some case such as those involving children. After an initial consultation with you we will obtain a full and detailed written statement from you regarding the circumstance of your case. We will then have to obtain your written authorisation to enable us to secure you doctors note, hospital records and any relevant consultants reports or notes.
Once court proceedings are issue, we have one year and a day to serve the summons.