Was in car crash and need a solicitor

The irish masher

Well i was in a car crash last week and hurt my back and neck pretty bad

some friends told me to seek legal advise..

so does anybody know of any good solicitor in dublin

thanks

Joey the lips

i would have gone to a doctor first.

I dont tend to rec solicitors there is so many different types. If you open the phone book its the biggest section. Just check there fees. There is no such thing as a no win no fee. You still pay the others fees.

The irish masher

Joey the lips wrote: »

i would have gone to a doctor first.

I dont tend to rec solicitors there is so many different types. If you open the phone book its the biggest section. Just check there fees. There is no such thing as a no win no fee. You still pay the others fees.

thanks joey

i did go to the doctor the day after the crash

i am asking on here because i am hoping that someone that has been
in the same situation could recommend the one they used.

digit1

Good advice from the previous poster. Solicitors are oblidged to give you an estimate of the costs involved in advance.

I have fould with alot of solicitors that they all want the business and then when you give them some they sit back and do feck all. I Don't recommend solicitors anymore as I was let down when I did.

thebiglad

If you only have muscular injuries you do not need a solicitor just yet, approach the injuries board, they will take you through the entire process.

If you have fractures or other such complaints then your injuries are not settling down any time soon so stop panicing - you will need to get a legal release from injuries board before legal fees are payable anyhow.

Concentrate of medical treatment and recovery, you have 2 years to make a claim!

nuac

Has the other driver unconditionally accepted liability?

If not you should get a solicitor's advice on that

ResearchWill

thebiglad wrote: »

If you only have muscular injuries you do not need a solicitor just yet, approach the injuries board, they will take you through the entire process.

If you have fractures or other such complaints then your injuries are not settling down any time soon so stop panicing - you will need to get a legal release from injuries board before legal fees are payable anyhow.

Concentrate of medical treatment and recovery, you have 2 years to make a claim!

If your going to give advice not to seek legal advice as soon as at least also give advice on section 8 of the civil liability and courts Act 2004.

To the OP sorry to hear you have had a accident. If you feel better getting legal advice on this matter do so. Best first to ask have any friends or family had to use the service of a solicitor. Next if no luck with friends and family, go to golden pages and pick out say 3 ring up and explain your situation ask the following, how much for a piab application, 2 does the solicitor charge party and party only or solicitor client, if the matter goes to court. Working with a solicitor is like any other relationship you need to find the right one for you.

I should have explained party and party and solicitor client,

Party and party costs are the reasonable costs the defendant is expected to pay you.

Solicitor and client is the costs including outlays and reports that are not recoverable from the other side. Say normally you only get say fees for 3 consultations, but you request 4 with your solicitor then you will have to pay for the fourth as the taxing master only covers 3.

Milk & Honey

PM for a solicitor who does no foal no fee, and no top up charges after the other side pay costs.

jasonpat

Come on mate you have a serious accident and you hurt yourself now you need a good claim for the injures and for the lose of future earnings, i am sure you can higher a accident lawyer.

kennM

thebiglad wrote: »

If you only have muscular injuries you do not need a solicitor just yet, approach the injuries board, they will take you through the entire process.

If you have fractures or other such complaints then your injuries are not settling down any time soon so stop panicing - you will need to get a legal release from injuries board before legal fees are payable anyhow.

Concentrate of medical treatment and recovery, you have 2 years to make a claim!

Going through this personally at the moment, won't go into details....

Concentrate on getting better FIRST! And only worry about that, full stop. It can take time for the true extent of injuries to manifest. If they heal up 100% and you're fine then happy days. If you settle early and end up with unexpected life long problems then hard luck.

Yes. Its an unfair system, you will go through the pain and suffering and out of pocket expense and it will take time for that to come back. You have 2 years from the time of the accident to lodge a claim for personal injuries.

Has the other party accepted liability? If they haven't then you may need a solicitor sooner rather than later. If not, sit tight, get better and understand if you have long term effects. I did but didn't rush the claims side of things.

ResearchWill

As now 2 people have advised there is no problem waiting a bit I will put up section 8 of the Civil Liability and Courts Act 2004, while I have never seen this used, I have seen people mumble about it and you don't want to be caught by the issue. It does not mean you have to continue a claim just give notice you might, best to get a solicitor to do it.



Letter of claim.

8.—(1) Where a plaintiff in a personal injuries action fails, without reasonable cause, to serve a notice in writing, before the expiration of 2 months from the date of the cause of action, or as soon as practicable thereafter, on the wrongdoer or alleged wrongdoer stating the nature of the wrong alleged to have been committed by him or her, the court hearing the action may—

(a) draw such inferences from the failure as appear proper, and

(b) where the interests of justice so require—

(i) make no order as to the payment of costs to the plaintiff, or

(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate.

(2) In this section “date of the cause of action” means—

(a) the date of accrual of the cause of action, or

(b) the date of knowledge, as respects the cause of action concerned, of the person against whom the wrong was committed or alleged to have been committed,

whichever occurs later.

kennM

ResearchWill wrote: »

As now 2 people have advised there is no problem waiting a bit I will put up section 8 of the Civil Liability and Courts Act 2004, while I have never seen this used, I have seen people mumble about it and you don't want to be caught by the issue. It does not mean you have to continue a claim just give notice you might, best to get a solicitor to do it.



Letter of claim.

8.—(1) Where a plaintiff in a personal injuries action fails, without reasonable cause, to serve a notice in writing, before the expiration of 2 months from the date of the cause of action, or as soon as practicable thereafter, on the wrongdoer or alleged wrongdoer stating the nature of the wrong alleged to have been committed by him or her, the court hearing the action may—

(a) draw such inferences from the failure as appear proper, and

(b) where the interests of justice so require—

(i) make no order as to the payment of costs to the plaintiff, or

(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate.

(2) In this section “date of the cause of action” means—

(a) the date of accrual of the cause of action, or

(b) the date of knowledge, as respects the cause of action concerned, of the person against whom the wrong was committed or alleged to have been committed,

whichever occurs later.

Hey ResearchWill,

Its clearly stated on the PIAB website that you have 2 years. Personally thats who I'd run with. Just my 2 cents.

Clear message - Don't rush into things. The reality is that once you start the balling rolling within PIAB it'll take a "typical" amount of time. If your injuries haven't resolved and a prognosis is not definitive within that "typical" amount of time you have a gamble at the end. Accept the figure or reject and go to court, there are factors you need to take into account when making that decision though.

That "typical" amount of time is (at most) 9 months from the time when the other party have agreed that liability is not in dispute. The other party has up to 90 days to accept/reject liability from the time PIAB inform them of the claim against them. No flames please.... I've said "typical", not 100% true in all cases I'm sure. Advertised running time is circa 7.2 months rather than the full 9.

ResearchWill

kennM wrote: »

Hey ResearchWill,

Its clearly stated on the PIAB website that you have 2 years. Personally thats who I'd run with. Just my 2 cents.

Clear message - Don't rush into things. The reality is that once you start the balling rolling within PIAB it'll take a "typical" amount of time. If your injuries haven't resolved and a prognosis is not definitive within that "typical" amount of time you have a gamble at the end. Accept the figure or reject and go to court, there are factors you need to take into account when making that decision though.

That "typical" amount of time is (at most) 9 months from the time when the other party have agreed that liability is not in dispute. The other party has up to 90 days to accept/reject liability from the time PIAB inform them of the claim against them. No flames please.... I've said "typical", not 100% true in all cases I'm sure. Advertised running time is circa 7.2 months rather than the full 9.

The two years is the statute of limitations to commence a claim. The section I quoted does not require you to commence a claim, it requires you send a letter of claim. A very different thing, the statute of limitations gives a defendant a defence if not complied with, section 8 only allows the court if it justice requires it to give lesser costs. As I said I have not seen it used, but I would rather not be the first. My point was to correct the assumption that a person does not have to do anything for 2 years.

nuac

Under the PIAB system the defendant has up ti 90 days to admit liability

If at this stage the other party disputes liability, the trail may have gone cold for teh enquiries necessary.

e.g. road signs and markings change, speed limits change

other parties car may no longer be available for inspection

witnesses may be harder to find, or become forgetful

Therefore if liability is not accepted at an early stage take legal advice


Aslo as advised by Researcwill, a section 8 letter should go out
]

wandatowell

As already said, A doctor should be your first stop.

If even for your own ease of mind.

kennM

Doctor and Gardai to ensure.... (a) you're treated properly and (b) gardai are aware of the accident, have noted everything they need to note etc.

McCrack

Good practical pointer from nuac and researchwill, I would also add that the wheels of justice are slow, the longer you wait to start the ball rolling with starting PIAB/proceedings the longer it will be before you get your compensation.

Typical PI 18-36 months to get settled/trial. Sit on it for up to two years before doing anything you have just added that sitting time on.

The irish masher

ok thanks for all the good advise people!

well what happened was their is a guy i do a days work with about once a month
doing house removals, well we were both driving down a dark back road
(he was driving) and we were coming up to a cross road when the car infont stopped
and we went stright into the back of it

now the guy drivin the van i was in is taking full responsibility saying
it was his fault that he took his eyes off the road

so what to do now??