In all cases when you are considering making a claim it is important to consider the big picture and what exactly you want to achieve.  In employment matters you may want to return to work. In defamation cases you may want a letter of apology and to ensure your good name is restored.  In personal injury cases you may want to be conpensated for your injuries.  It is vital that you consider all angles before you issue court proceedings.  In defamation cases, for example, it is not uncommon for plaintiffs to issue court proceedings with the aim of restoring their good name only for the subsequent publicity to have the opposite result.  Mark O'Sullivan Solicitor
 
You should also ensure, prior to issuing proceedings, that the respondent will be in a positon to compensate you should you be successful in Court.   
 
Sound advice is vital and you should have a detailed consultation with your solicitor prior to rushing into Court.
 
In our experience most cases are settled out of court to the satisfaction of our clients.  When cases do proceed to court, we will advise you carefully on every aspect of the proceedings. We will assembe a team of expert witnesses (doctors, engineers etc), instruct counsel and attend court on your behalf. 
 
 
 
Personal Injury Law
 
With the introduction of the Personal Inuries Assessment Board Act, 2003, all personal injury claims must be submitted to the Injuries Board (Previously know as the Personal Injuries Assessment Board).  This application must be made before you can bring court proceedings.
 
Your claim to the Injuries Board will consist of a brief description of your accident and the parties against whom you intend to claim.  Your application will also contain a medical report from your doctor setting out the nature of your injuries and your expected prognosis.
 
The Injuries Board will review your application and correspondent with the respondent informing them of the claim and requesting they respond.  The respondent must agree to the Injuries Board dealing with the claim.  If they do not do so you will be issued with an authorisation to bring court proceedings.
 
If the Respondent is agreeable to the Injuries Board dealing with the claim, the Board will review all the evidence and make an assessment as to what damages they believe is appropriate.
 
The Board will then correspond with you and with the respondent setting out the award of damages.  If either you or the respondent is unhappy with the amount, the Board will issue an authorisation for you to issue court proceedings.
 
The statute of limitations for injury claims is 2 years and the time stops running once the Injuries Board are in receipt of your claim.  The time commences running again once they have issued you with an authorisation. 
 
Please contact us should you have any queries with regard to your claim.
We deal with your case in a confidential and professional manner.  In our experience most cases are settled out of court to the satisfaction of our clients.  When cases do proceed to courte, we will advise you carefully on every aspect of the proceedings such as assembling a team of exper witnesses (doctors, engineers etc), instructing counse and attending court on your behalf.  With the introduction of the Personal Inuries Assessment Board Act, 2003, all personal injury claims must be submitted to the Injuries Board (Previously know as the Personal Injuries Assessment Board).  This application must be made before you can bring court proceedings.
 
Please contact us should you have any queries with regard to your claim.
 
 
 
 
Defamation
 
If you believe that a person or an organisation has made a defamatory comment about you either verbally, or in print, you should seek immediate legal advice.
 
The law in this area changed in 2010 with the introduction of the Defamation Act, 2009.  
 
As with all legal proceedings there are certain risks to taking an action for defamation. It is very important in such cases to look at the big picture.  In many instances bringing court proceedings can attract the very publicity and attention that you are seeking retribution for.  
 
It is also important to ensure that the respondent will be in a position to discharge any damages that may be awarded.  There are extensive legal costs in bringing such cases to court. These costs may be recovered from the respondent if you are successful in you claim however, if the respondent is not in a position to discharge the amount of damages awarded, you may well find yourself out of pocket.
 
Caution is critical and you should ensure that you receive experienced legal advice before issuing proceedings against the author of the defamatory comment. 

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Civil Litigation

© COPYRIGHT 2018 O'SULLIVAN KENNY SOLICITORS 

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