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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All employers have a duty of care to employees to provide a safe place of work, a safe system of work and to prevent harm. Recently, a large group of Moderators have come together to explore their rights and the obligations that others have to them. A Court action on behalf of Moderators is proposed to be taken in Dublin Ireland, which is the European headquarters for many companies who utilise the services of Moderators.
We have wide-ranging experience in dealing with medical, work, motor, and accidents in Public Places. If you have been injured and you wish to claim for your injury and loss or would like to know more about what is involved, please get in touch with our team today 1800-844-104 or complete our online enquiry form. Please be assured that your query will be dealt with in total confidence.
If you are injured in an accident caused by somebody else, you may be entitled to bring a claim for compensation. It is important for you to seek legal advice as soon as you are able so that you have the best chance of success. This is true whether you have been injured at work, in a public place, or as a result of a road accident.
Sometimes an injury caused by somebody else can stop you from working and have a long-term effect on your health. The law is there to help and protect you when you have been injured. Our personal injury team provides a nationwide service with professional advice and service to you. We have many years of experience in successfully dealing with thousands of claims on our client’s behalf.
A personal injury refers to any physical or psychological harm caused to an individual as a result of the negligence or wrongful act of another person or entity. This can include injuries resulting from accidents, medical malpractice, or even intentional acts of violence.
Examples of personal injuries include
In general, in order to make a personal injury claim, it is necessary to prove that the injury was caused by the negligence or wrongful act of another person or entity and the injury resulted in some sort of loss or damage.
Our team of experienced Personal Injury Claim Solicitors at Coleman Legal continuously educates themselves on all aspects of personal injury claims.
Our team of experienced personal injury solicitors is available to guide clients through the process of making a personal injury claim. Utilising a solicitor can simplify the paperwork and filing required for this process.
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. Examples of claims that PIAB covers include:
Your solicitor will gather evidence, medical reports, and other expert reports, and submit them to PIAB for assessment.
Once the application is made, PIAB will notify the defendant(s) and they must indicate within 90 days if they consent to the assessment of the claim. If consent is given, PIAB will proceed with the assessment. If denied, PIAB will grant authorisation for court proceedings.
The assessment process usually takes about 9 months. If both parties accept PIAB’s assessment, an order to pay will be issued and must be discharged by the defendant(s) within 10 days. If rejected, an authorisation for court proceedings will be granted.
How much compensation you receive for a personal injury claim is dictated by two legally binding documents known as:
The “Book of Quantum” and
The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.
The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.
The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries, and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out four steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:
The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:
One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.
You have two years from the accident date within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. Click here to learn more about the statute of limitation for a personal injury claim.
At Coleman Legal, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. At times like this, you need the support of an experienced firm that can assist you with the practical issues that now confront you as a result of the fault of another.
For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.
We provide a national service and can meet you locally to ensure that you have a voice and access to the best advice and resources for your particular case. Our service is about you, the client, and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves on our respectful and concerned approach to all of our clients.
From the moment of your first contact with Coleman Legal LLP to the completion of your case, our team listen, care and act with empathy, whatever the extent of your injury. Our teams have the understanding and expertise to ensure that your injury is professionally and adequately dealt with to ensure the best outcome for you in the circumstances of your case.
Our Team will manage your case and keep you fully informed of progress on a regular basis. Our commitment and service to you will include;
If you want to take legal action over a personal injury, consult our personal injury claim solicitors, who are members of the Law Society’s injury accreditation.
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
Free Phone: 1800-844-104
Fax: 01-53-12727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply
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.”
Irish Law safeguards the rights of employees to make a claim for compensation against your current employer where they have failed in their duty of care towards you. It is illegal for your employer to fire you, deny you promotion, or otherwise discriminate against you because you are making a claim against them.
You may take your case through the Irish Courts if you are, or were:
An employer is legally required to provide yo with a safe place of work and a safe system of work. Historically agency workers were treated in an entirely different manner to those workers who were hired directly into the workforce. Whilst the employment agency is the employer, the company is also respomsoble for breaches of the Safety, Health and Welfare at Work Act, 2005.
Your right to being protected under Health and Safety Regulations are the responsibility of both the company company where you are doing the temporary work and the agency.
Whilst the employment agency is the employer, the company which controls your work and working environment is also responsible for breaches of the Safety, Health and Welfare at Work Act, 2005.
Your rights under Health and Safety Regulations are the responsibility of both the companies, and Coleman Legal will make claims on your behalf against each of them.
No. The larger the numbers joining the case the better for all. As in all cases, it is up to the Solicitors to guide the case through the courts to ensure that all of the participants are fully and properly represented.
In the meantime, it has been agreed that all of the other cases within the group will effectively be on hold. This is a significant achievement because, once a summons has been issued in the High Court and served on each of the Defendants, no other steps in the litigation will occur pending the outcome of the lead cases.
Following much negotiation with the other parties, it has also been agreed that the normal costly and time consuming rules for physical service can be dispensed with and that summonses can be served electronically. The Defendants have also agreed that they will not come on record or take any active steps, which eliminates the costs risk for the Plaintiffs such as yourself, should the lead cases be unsuccessful.
If the lead cases go to trial, the Decision of the Lead cases will be binding on those in the group. Similarly, if the lead cases are settled, any Settlement or Redress Scheme will apply to the members of the case.
Each case is unique and the effect of psychological injuries such as PTSD will vary with each individual. Many content moderators’ symptoms are not immediately recognised, and they may only become evident over a period of time.
It is important that psychological illness/injury is correctly diagnosed by a qualified professional. Your GP will be able to give you a preliminary diagnosis, and arrange for evaluation by a specialist to help you begin on your journey to recovery.
Many big technology companies in Ireland use non-disclosure agreements to intimidate staff and discourage them from vindicating their rights. Ireland has very strong whistleblower protections and employee rights, and enforcing these NDAs would be very difficult under Irish law, particularly as your right to access justice through the courts takes precedence over any claimed right to secrecy.
The team at Coleman Legal LLP is fully supportive in every way of your case. We successfully represent many hundreds of clients, moderators, and others, all of whom have been able to bring a case without the worry and stress of financing it. We can help you.
We are aware that a similar case in the US was recently settled with a positive outcome for the content moderators. If your case is successful in court or settled out of court, you will then have to pay reasonable legal fees.
It is important to note that no solicitor’s fee may be calculated as a percentage of any award or settlement you receive. Also, if a litigant loses their case they may be liable for the other side’s legal defence costs, including medical fees or other expert reports, etc. We will advise you in advance should this become a likelihood.
The Diagnostic and Statistical Manual of Mental Disorders (DSM–5), published by the American Psychiatric Association, recognises PTSD as a result of exposure to graphic content.
Where it is reasonably foreseeable that an employee is working under conditions that could cause mental health issues, your employer owes you a duty to take reasonable steps to address these issues. Once a duty of care is established, if you as an employee have suffered a psychological injury as a result of your employer’s negligence, you can claim compensation for the harm suffered.
Covid-19 has affected everybody. We are fully operational during Covid-19 crisis, and the courts are still operating. We continue to receive instructions from moderators throughout Europe. Our services are being conducted over the phone and with video calling to ensure the safety of our clients while providing minimal disruption to our services.
After you become aware of the harm you have suffered, you must make a claim for compensation within two years. It is important to seek legal advice as soon as possible, to ensure your claim doesn’t pass this statute of limitations.
