Law Blog

dormanlawad-728x90-banner-v2-ani

The 4 Most Common Personal injuries Claims

SHARE
, / 207 0

Image result for The 4 Most Common Personal injuries Claims

  • Road traffic accident claims

 

Now one of the most common forms of injury in this jurisdiction, road traffic accident claims are those that arise when a person is injured on our roads through no fault of their own. Encompassing all types of road users – from pedestrians to truck drivers – road traffic accidents can have serious and long-lasting consequences. 

Medical bills can pile up quickly, time off work can affect income, and the injuries themselves can reduce quality of life. That’s why the entitlement to compensation exists – to give those who have been involved in such accidents the best chance to recover from an act that wasn’t their fault.

 

  • Accident at work claims

 

Often referred to ‘employer liability claims’, accidents at work claims are those that have occurred in the workplace as a direct result of the negligence of an employer or fellow employees. A familiar occurrence, accidents at work can occur for a variety of reasons – common among these is human error, improper training, an unsafe environment, insufficient safety precautions, or inadequate equipment.

Irish law stipulates that an employer must take adequate measures to protect the health and safety of their employees. When they fail in this regard and this results in an accident and a personal injury to one of their employees, they may be responsible for the injury and any subsequent claim. Moreover, it is important to note that an employee is protected from any repercussions for taking such a claim and cannot be punished, either directly or indirectly, for taking such claims. 

 

  • Accidents in Public Place claims

 

Often referred to as ‘public liability claims’, public place accident claims are those that have taken place in a public place and are the result of the negligence or actions of the entity responsible for maintaining a safe environment for public use. Perhaps the second most common form of personal injury claims, public place claims include trips, slips and falls.

Under Irish law, property owners have a legal responsibility to keep their premises/land safe and hazard-free to prevent injury befalling those who visit, use, or trespass on it. Naturally, not all injuries that occur on one’s land will lead to the land owner being held liable. A landowner’s legal duties will vary depending upon the situation and nature of the incident.

 

  • Medical Negligence claims

 

We all owe a duty of care to those around us and that if we harm others, either by our acts or omissions, we can be liable under negligence. Doctors and other medical professionals are considered to be just as accountable for their mistakes as anybody else and are not given an exception to this important rule. When healthcare professionals – such as doctors, nurses, surgeons, and pharmacists – fail in their duty of care, it’s called medical negligence (also known as clinical negligence or medical malpractice).

The ways in which Medical Negligence cases arise are as numerous as the the amount of medical procedures that exist. Some of the most common forms of medical negligence claims are:

  1. Error during a surgery.
  2. Misdiagnosis.
  3. Failure to establish illness.
  4. When substandard medical care has been received.

Medical negligence is an extremely complex facet of law – in part because medicine itself is complex but also because of the legal standard required to prove that medical negligence has occurred. Irish law requires a claimant to demonstrate that another medical practitioner, at the same time and in the same circumstances, would have chosen a different course of action which would ultimately have prevented the injury sustained from occurring in the first place. 

This means that if someone has suffered an injury at the hands of a medical practitioner, due to their action (or inaction), but that which was done is considered to have been good or acceptable practice during that time or in the circumstances, it would not meet the standard required to prove that the medical practitioner was negligent.

Get in touch

If you wish to pursue any of the type of personal injuries discussed, obtaining the advice of a professional and experienced solicitor is in your best interests. At O’Brien Murphy Solicitors, we recognise that a personal injury can have significant emotional and financial consequences for you and your family. That’s why we will strive to do everything we can to make the process run as efficiently and as smoothly as possible for you.

For a free, no obligation consultation, call O’Brien Murphy Solicitors on (01) 874 6959.