Fachtna O'Driscoll Solicitors

Personal Injuries Claims – RTAs What is involved in making a personal injuries claim pursuant to a road traffic accident? Outlined below are the steps you can expect to take. Speak to your Solicitor – Where you have sustained an injury as a result of an RTA, you should obtain advice from your Solicitor as early as possible. They will take your instructions in relation to what happened, who was at fault, what medical treatment you have obtained and what your injuries are. They will advise you on how to initiate a claim and what to expect from the process. Notify the Defendant of your claim – Your Solicitor will write to the Defendant notifying them of the nature of the claim. There is an obligation to do this within one month of the date of the cause of action, under section 8 of the Civil Liability and Courts Act 2004, as amended. Obtain a Medical Report – Your Solicitor will write to your treating medical practitioner requesting a medical report outlining your injuries caused by the accident in question, as well as your future prognosis and advice on any further medical treatment required. Obtain a Garda Abstract Report – Your Solicitor will write to the Garda Síochána requesting their Garda Abstract Report dealing with the parties and vehicles involved in the accident. Apply to the Injuries Resolution Board (IRB) – once a medical report has been obtained and your Solicitor has identified the correct Respondent(s) to be named in the claim, an application can be made to the IRB. IRB Assessment/Authorisation – if the Respondent(s) consent to the IRB making an Assessment, the IRB will obtain their own medical reports and request a Schedule of Special Damages (your out-of-pocket expenses). Any IRB Assessment must be agreed by both Claimant and Respondent(s) in order for it to be binding. Your Solicitor will advise you on the value of your claim which will depend on a number of factors, including the injuries you sustained, any pre-existing relevant injuries or medical conditions, your prognosis, your special damages and future expected expenses. If the claim is not resolved in the IRB, then an IRB Authorisation will issue and you will be free to bring legal proceedings. Issue Legal Proceedings – If taking this next step, your Solicitor will brief Counsel to draft legal proceedings to be filed in court. Your Solicitor will advise you on what expert reports will be required to prove your case, including an engineer report if liability is in dispute. They will also advise you on the other steps to be taken to prepare your case for hearing or for settlement negotiations, where possible. Statute of Limitations – a Claimant/Plaintiff must initiate a personal injuries claim within two years from the date the cause of action accrues. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/epAYX-iP

Some Important Reasons to Make a Will: 1️⃣ You can choose exactly who you want your executor(s) to be, meaning you can appoint those you trust the most to administer your estate according to your wishes. 2️⃣ Guardians can be appointed over any minor children. 3️⃣ Trustees can be appointed, if necessary, for example to hold assets on behalf of your minor children until they reach a certain age. 4️⃣ It allows for tax planning – your bequests can be made strategically, based on how much tax each beneficiary is expected to pay. 5️⃣ Lastly and most importantly, it ensures your assets are distributed according to your specific wishes, meaning you can have more beneficiaries and can leave specific assets to each beneficiary if you so wish. Where your estate is distributed according to the rules of intestacy, your beneficiaries and the shares they take in are pre-determined which may not be in line with your intentions. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/e7NdjHmD

The Department of Social Protection has released an updated Code of Practice on Determining Employment Status in the aftermath of the Supreme Court decision of The Revenue Commissioners v Karshan (Midlands) LTD T/A Domino’s Pizza [2023] IESC 24, which sets out five considerations when deciding whether someone is an employee (contract of service) or self-employed (contract for services). The incorrect classification of a worker will have implications for taxation and the worker’s rights under employment legislation. There are five factors to consider. The first three are to be considered first and if any of those are answered negatively, then there is no employer-employee relationship. 1.     Does the contract involve the payment of remuneration for work. 2.     If so, is the worker agreeing to provide their own services personally and not those of a third party. If the worker has the right to appoint someone as a substitute where they cannot personally provide their own services, then this points to a contract for services (the “substitution test). 3.     If so, is there sufficient control over the worker, such as how, when and where the work should be done. It does not matter if the business does not actually exercise this type of control, but rather whether it has the right to do so. The question of “enterprise” and “integration” are also relevant. a.     Enterprise: the level of risk borne by the worker and their ability to profit through efficiency. b.    Integration: the extent to which the worker is a fundamental part of the business rather than peripheral. 4.     If the first three conditions are met, the agreement and working relationship as a whole (the factual matrix) will be considered, regardless of the label put on contract and whether the worker is referred to as an “employee” or “independent contractor”. 5.     The definition of “employee” in the legislation in question will be considered. For example, there are different definitions under the Unfair Dismissals Act and the Employment Equality Acts, and the relevancy of the legislation to the particular query will determine which definition is used. The Code of Practice also has other helpful guidelines, such as the typical characteristics of an employee or self-employed person and how to deal with certain special circumstances. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/ee4Szv97

What Kind of Compensatory Damages Can I Expect in a Personal Injuries Claim? A personal injuries claim is valued in various ways and it can be helpful to have some guidance in respect of the compensation to be awarded. General Damages: The law seeks to restore the claimant into the position they would have been in had they not suffered their injuries. Unfortunately, as it is not possible to reverse the injuries occurring or, in some cases, prevent the impact they will have on the claimant in the future, awarding damages for things like pain and suffering and loss of quality of life is the only way to compensate a claimant. This category of damages will depend on a variety of things, including the nature, severity and duration of the injuries, the age of the claimant, the impact on their future ability to work and go about their lives, the treatment required and general prognosis. The Personal Injuries Guidelines, which were commenced in March 2021, set out the suggested range of damages for different injuries and the considerations to be taken into account when deciding on the appropriate award. Special Damages: Special damages compensate the claimant for their pecuniary loss arising from the personal injuries in question. This category of loss may include payments for medical treatment (including GP, hospital, physiotherapy and radiology expenses), medical equipment, property damage, medication expenses, and loss of earnings. Special damages can include both past and future expected pecuniary loss. Past expenses must be properly vouched with records and receipts. Claims for future loss must be adequately substantiated and expert evidence will likely be required. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/epAYX-iP

Right to Postpone Maternity Leave due to a Serious Health Condition: The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024, which has been signed into law but not yet commenced, provides for the right to postpone maternity leave for a period of between 5 and 52 weeks where the employee in question is suffering from a serious health condition. “Serious health condition” under the Act means a serious risk to the life or health, including the mental health, of the employee and which requires necessary medical intervention which is ongoing for a period of time. An employee who wishes to postpone their maternity leave under the Act is required to notify their employer of their intention to do so, specifying the commencement date and end date of the proposed postponement. They must also provide a medical certificate with their notification confirming the said dates. This must be done at least two weeks prior to the commencement of the postponement. After the postponement period ends, the employee will be entitled to take any remaining maternity leave not already utilised. They must inform their employer that they are resuming their maternity leave as soon as reasonably practicable but no later than the day on which the leave begins. The commencement of the Act is awaited. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/e4eCXQ-g

Medical Negligence Claims for Birth Injuries   What are Birth Injuries? During birth, medical practitioners need to ensure that both the baby and mother receive proper medical attention and they need to respond appropriately to both patients’ needs. Unfortunately, accidents can arise causing injuries to either the baby or the mother. Injuries to the baby can include brain damage, cerebral palsy, forceps injuries, vacuum extractor injuries, fractures, injuries caused by insufficient oxygen and so on. Injuries to the mother can include perineal tears, caesarean section injuries, infections, injuries to the uterus, mismanagement or misdiagnosis of pre-eclampsia, mismanagement or misdiagnosis of gestational diabetes, prescription of incorrect medication, and so on. What is the Process Involved in Making This Type of Medical Negligence Claim? The first step is to speak to an experienced medical negligence Solicitor. They will take detailed instructions from you regarding how the birth progressed and what occurred to cause the injuries. They will need to request copies of all relevant medical records. Once the records are received, your Solicitor will carefully review them and will discuss them with you. They will then decide what expert reports are required and will brief the relevant independent expert(s) to provide reports dealing with liability (breach of duty) and causation (that there were injuries or an adverse outcome, which were caused by the said breach of duty). Once a liability report is to hand and the expert is able to identify a breach of duty in the care provided to you or your baby during birth, legal proceedings can be issued. What Can I Claim Compensation For? Compensation may be sought for pain and suffering caused by the injuries (general damages), as well as for expenses arising out of the injuries, both present and future (special damages). These expenses may include medical treatment for the injuries sustained, medication expenses, specialist care and specialist equipment which may be required throughout the baby’s life. What are the Time Limits for Making a Medical Negligence Claim? The time limit for medical negligence claims is two years from the date the cause of action accrues or two years from the date the Plaintiff first had the requisite knowledge, as under Section 2 of the Statute of Limitations (Amendment) Act 1991. Where a baby is injured at birth, the time limit for medical negligence claims is two years minus one day from the date of the baby’s 18th birthday, or two years from the date of the requisite knowledge. In some cases where there is a delay in bringing proceedings, the courts may take the view that a case should not proceed if the said delay has prejudiced the Defendant(s). It is, therefore, very important that you consult with a medical negligence solicitor as early as possible. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/dwREZp3a

Medical Negligence Claims for Misdiagnosis or Delayed Diagnosis   What is a Misdiagnosis? Misdiagnosis can occur where a medical practitioner fails to correctly identify the cause of the patient's symptoms, fails to make a diagnosis or fails to take the necessary steps to achieve a diagnosis for the patient. This can occur where the medical practitioner mistakes the patient’s symptoms for those of a different medical condition, provides the patient with the incorrect treatment or fails to make a referral to the proper specialist on foot of the patient’s symptoms. What is a Delayed Diagnosis? A delayed diagnosis can occur where a medical practitioner fails to take the necessary action to ensure a diagnosis is made in a timely manner. This can occur where the medical practitioner fails to adequately investigate the patient’s complaints, thereby delaying the diagnosis unnecessarily. What is the Process Involved in Making a Medical Negligence Claim for Misdiagnosis or Delayed Diagnosis? The first step is to speak to a medical negligence Solicitor who has expertise in dealing with negligent diagnosis claims. Your Solicitor will take detailed instructions from you about the medical treatment you received leading up to your diagnosis and how this was handled. They will need to request copies of all of your medical records, including your records relating to the treatment received from your first complaint to your medical practitioner leading up to your diagnosis, and relating to the treatment received after your diagnosis. Once the records are received, your Solicitor will carefully review them and brief the relevant independent expert(s) to provide reports dealing with liability (breach of duty) and causation (that your injuries were caused by the said breach of duty). Once a liability report is to hand and the expert is able to identify a breach of duty in the care provided to you, legal proceedings can be issued. Your Solicitor will then brief a barrister and ask them to draft proceedings. What are the Time Limits for Making a Medical Negligence Claim? The time limit for medical negligence claims is two years from the date the cause of action accrues or two years from the date the Plaintiff first had the requisite knowledge, as under Section 2 of the Statute of Limitations (Amendment) Act 1991. It can take some time to gather all the relevant information and documentation before legal proceedings can be issued. It is, therefore, very important that you consult with a medical negligence solicitor as early as possible if you intend to make a claim to ensure that you understand the claims process and what is required of you from an early date. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/dwREZp3a

The government Budget for 2025 includes an increase to the Capital Acquisitions Tax thresholds as follows: A)    Group A (gifts/inheritances to a child or to a parent in some circumstances): from €335,000 to €400,000 B)    Group B (gifts/inheritances to a parent in some circumstances, a sibling, a child of a sibling, a grandparent, a grandchild in some circumstances): from €32,500 to €40,000 C)   Group C (gifts/inheritances to everyone else, including aunts and uncles, cousins and strangers in blood): from €16,250 to €20,000 A CAT threshold is afforded for the life of the beneficiary and not just for each gift or inheritance received, as prior gifts or inheritances taken on or after 5 December 1991 under the same Group are aggregable. Any gifts or inheritances taken after the relevant threshold is applied are liable to CAT at a rate of 33%, unless a CAT exemption applies. There is no CAT liability on gifts or inheritances taken between spouses. These changes came into effect on 2nd October 2024 and apply to gifts or inheritances taken after that date. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/e7NdjHmD

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 has now come into effect and mandates the open disclosure to patients (or a “relevant person” where it cannot be made to the patient) of certain "Notifiable Incidents" by healthcare professionals. The Act specifies a pre-determined list of what comes under the scope of "Notifiable Incidents", for example, a death arising from surgery performed on the wrong patient or a death following surgery performed on the wrong site. These obligations are an extension of Part 4 of the Civil Liability (Amendment) Act 2017, which provides for open disclosure on a voluntary basis. The aim behind these statutory provisions is to promote an increase in honest disclosure to patients. The obligations on healthcare professionals include notifying the appropriate authority of the Notifiable Incident, notifying the patient or a relevant person regarding the Notifiable Incident at a disclosure meeting, providing the requisite information as specified in the Act at the disclosure meeting (including an apology if the Health Services Provider has determined that one should be provided), and providing the patient or the relevant person with a written statement with the aforementioned information. While this is a welcome development for patients and their families faced with an incident which comes under the scope of the Act, the Act also states that the information provided as part of the open disclosure and the apology (if any) are not to be taken as an admission of fault or liability and cannot be used as evidence of fault or liability in medical negligence or similar proceedings. It is notable that failure to disclose a Notifiable Incident is a criminal offence and it remains to be seen whether the specific provisions of the Act will adequately achieve its aims. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/dwREZp3a

Some handy tips to streamline the process of selling your property: ✅Engage a Solicitor as early as possible. You may be waiting until you go “Sale Agreed” and a deposit is paid by your purchaser before instructing a Solicitor, however it may take some time to get your title deeds (especially if they are with your bank). This is something your Solicitor can work on while you find a buyer. ✅Inform your Solicitor of any alterations, extensions or developments you have carried out on the property since you purchased it. Your Solicitor will want to check that there are no planning issues, to avoid any unexpected delays down the line when your purchaser requests documentation to show compliance with planning. You will need to engage an Engineer or Architect to provide Certificates of Compliance or Exemption. This should be done as early as possible and your Solicitor will advise you exactly what is required. ✅Have the following ready to give to your Solicitor: a) Photo identification b) Proof of address c) BER Certificate and Advisory Report d) Local Property Tax documentation e) Marriage or Civil Partnership Certificate f) PPSN ✅If you are selling an apartment or your property is in a managed development, give your Solicitor the details of your Management Company or their Managing Agents, so that your Solicitor can liaise with them and request documentation which will be required for the sale. The Law Society’s “Speed Up Your Property Sale” guide provides a lot of information for both property buyers and sellers, including detail on the most common delays and checklists for sellers. 📞 021 427 8131 📧 info@fodlaw.ie https://lnkd.in/erMH_FHc