Injuries sustained in Accidents – McGrath Mullan Solicitors Dublin

Bicycle accident on foreign holiday in France

McGrath Mullan — Wed, 11 May 2022 11:29:00 +0000

A client of McGrath McGrane LLP suffered injuries as a result of a road traffic accident which occurred while our client was on holidays in France. Our client was cycling in the Alps when the bicycle was struck by an oncoming vehicle. As a result of the collision, our client suffered multiple soft tissue injuries. We advised our client that under European Regulations and the adoption of same into Irish law, our client was entitled to bring proceedings in Ireland in respect of a personal injuries claim.

McGrath McGrane LLP initiated the claim on behalf of our client with the French insurers of the vehicle, who contested liability. We made an application to the Personal Injuries Assessment Board (PIAB) on behalf of the client. As expected, given the fact that the accident occurred outside Ireland, PIAB declined to assess the claim and issued an Authorisation which entitled our client to issue proceedings in Ireland.

We issued proceedings in Ireland on behalf of our client against the French driver and owner of the vehicle and their insurers. The case progressed and ultimately the French insurers, through their Irish solicitors, sought to meet to discuss possible settlement of the case. A settlement meeting took place at the Four Courts, Dublin and ultimately the case was settled for a figure in excess of €25,000.00 plus costs.

Many people are unaware that if you have an accident and suffer personal injuries outside of Ireland, it still may be possible to bring the case before the Irish Courts. If you have suffered personal injuries from an accident outside Ireland contact us info@mcgrathmullan.ie to see if it may be possible to successfully bring a claim.

Cyclist in motor vehicle accident settles case for €22,500

McGrath Mullan — Fri, 18 Feb 2022 10:30:00 +0000

McGrath McGrane LLP provide excellent representation to clients for injury claims. Our partners and solicitors have represented many clients in respect of accident claims, including motor vehicle accidents, workplace injuries, etc.
A client recently requested that McGrath McGrane LLP act on their behalf in relation to an accident where they were knocked off their bicycle by a car. The client suffered personal injuries as a result of the collision.

At the time of the accident, the car driver apologised to our client but subsequently tried to claim that the accident was the fault of our client.

Our client’s claim was lodged with the Personal Injuries Assessment Board (P.I.A.B.). The insurers of the vehicle that collided with our client declined to have the case assessed by PIAB, on the basis that they alleged our client was responsible for the accident. However, despite this they made a “Without Prejudice” offer to settle our client’s claim for the sum of €8,000.00. Our client was very tempted to accept the offer, particularly as the insurance company was claiming that our client was responsible for the accident.

McGrath McGrane LLP advised the client to reject the offer as we felt it was not sufficient compensation for the injuries suffered. We also felt that responsibility for the accident lay with the car driver. The client accepted our advice and rejected the offer of €8,000.00. We subsequently issued proceedings on behalf of our client and having done so, we received an invitation to settlement discussions with the insurance company’s claims negotiator. We settled the case for our client for a sum in excess of €22,500.00*.

If you have suffered a personal injury and wish to take a case to pursue damages to compensate you for that injury, McGrath McGrane LLP can help you with that case. Contact us here – info@mcgrathmullan.ie

*Note – In contentious business a solicitor may not calculate their professional fees or other charges as a percentage or proportion of any award or settlement.

€68,000 damages for workplace accident

McGrath Mullan — Tue, 08 Feb 2022 10:45:29 +0000

McGrath McGrane LLP (McGrath Mullan) recently settled a case for in excess of €68,000.00 having been instructed by a client who suffered an accident at work. The client suffered significant personal injuries when they slipped in a stairwell at their workplace and fell down several stairs. As a result of the fall, our client suffered personal injuries to the back and neck.

We advised the client that the employer has a responsibility to provide a safe place of work for employees. In these circumstances, we believed that the employer had failed to do so and therefore would be found responsible for the injuries suffered by our client. The employer has a statutory duty under the Safety, Health and Welfare at Work Act 2005 (as amended) to provide and maintain a safe workplace for employees.

McGrath McGrane LLP (McGrath Mullan) initiated a claim on behalf of our client against the employer. We made an application to the Personal Injuries Assessment Board (PIAB) on behalf of our client and the employer consented to the case being assessed by PIAB. PIAB assessed the client’s claim at a figure in excess of €54,000.00. Although it was a substantial award, McGrath McGrane LLP (McGrath Mullan) advised the client to reject the award, as we felt it was not sufficient compensation for our client’s injuries.

If the client did reject the assessment, they would have to issue Court proceedings in order to further their claim.

The assessment was accepted by the client’s employers. This meant that if our client rejected the assessment and failed to recover a figure greater than the €54,000 in the subsequent Court proceedings, the client could not receive an order for the costs of those proceedings.

Our client decided he would take McGrath McGrane (McGrath Mullan) LLP’s advice and reject the PIAB assessment. We notified PIAB that our client was rejecting the PIAB assessment and PIAB issued an authorisation to proceed to Court. We then issued proceedings in the High Court on behalf of our client.

McGrath McGrane (McGrath Mullan) LLP subsequently settled the client’s case for a sum in excess of €68,000.00*.

If you have suffered a personal injury and wish to take a case to pursue damages to compensate you for that injury, contact McGrath Mullan here – info@mcgrathmullan.ie
*Note – In contentious business a solicitor may not calculate their professional fees or other charges as a percentage or proportion of any award or settlement.

Car accident with uninsured driver

McGrath Mullan — Tue, 01 Feb 2022 10:52:00 +0000

McGrath McGrane LLP was instructed by a client who had been involved in a road traffic accident. The client’s car was crashed into from behind while stationary. The client suffered personal injuries as a result of the crash.

Although the driver of the vehicle that hit our client’s car claimed to be insured, it transpired that they were not insured. Our client was extremely concerned upon learning that the other driver was not insured. However, we were able to reassure our client that even in these circumstances, where the other driver had no insurance, our client would still be able to recover compensation for his personal injuries through the Motor Insurers Bureau of Ireland (MIBI).

The MIBI was specifically set up so that compensation would be available to victims of uninsured and untraced drivers who have suffered personal injuries in road traffic accidents. We notified the MIBI of our client’s claim and completed the necessary documentation to register it with the MIBI. The MIBI nominated an insurance company to deal with the case. After corresponding with and exchanging information regarding the case, we progressed the case to a stage where it was ready for settlement discussions. Settlement negotiations then took place between ourselves and the insurance company. Following negotiations, we settled our client’s case for a sum in excess of €18,000.00*.

Our client was very happy with the result and by settling with the insurance company directly and not putting the claim into the Personal Injuries Assessment Board (PIAB), our client was saved the delay of the PIAB process and the uncertainty of not knowing for what amount PIAB would assess the claim.