Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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Loss of consortium is an action in personal injury claims that a person can take against an individual or entity where their spouse has suffered such injury that it interferes with specific “consortiums,” i.e., aspects of the relationship. These include companionship, love, affection, comfort, intimate relations, and mutual services.
Irish common law states that any interference with marital consortium may be cause for a personal injury claim by the spouse who has suffered the deprivation. There are usually three parties in these claims: the victim, the plaintiff (victim’s spouse), and the defendant; the claim is brought against the defendant who is the individual or entity that caused the injury to the victim. For example, where one party is in a road traffic accident and loses the function of their lower body, damages may be sought for loss of companionship and intimate relations.
The period of limitation for Loss of Consortium is two years from the date of the accident, this means that proceedings must be taken within that timeframe. Our team of experienced personal injury claim solicitors has over 30 years of collective experience handling cases for those who have suffered a serious injury and their loved ones. We have assisted many clients in recovering maximum damages, and we believe in putting the needs of our clients first. We are committed to obtaining the best possible outcome for you and take pride in our sensitive approach.
Our serious injury claim Solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.
The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB.
Your solicitor will obtain evidence, medical reports, and other expert reports required and submit these documents to the Board for Assessment.
Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.
If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant. If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.
Damages in relation to
If you believe you have suffered a loss of consortium at the hands of another individual or entity, we advise all persons to contact our personal injury claim solicitors at the earliest opportunity. We represent clients in various personal injury claims; road traffic accidents, workplace injury, serious injury, medical negligence, and public liability claims. Please take some time to browse our website to learn more about the services we offer as a personal injury solicitors practice in Dublin. If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme.
Solicitors
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Head of Client Services
P: 1800-844-104
E: [email protected]
”At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing client’s needs in a professional, engaging, and friendly manner with a clear objective to give quality legal advice and reach a positive outcome.”
