Posts by lukehanahoe

7 things not to do if you have been involved in a road traffic accident where you have sustained personal injuries*.

Posted by on Mar 3, 2015 in News Feed | 0 comments

Being involved in a road traffic accident can be incredibly stressful and quite traumatic, particularly where you have sustained personal injuries*. Naturally, at the time of the accident, your sole concern is that you, your passengers and the other parties are not badly injured. At the time of the accident, you are often not concerned about, or indeed do not know, who is at fault. However to protect your interests, particularly where you have sustained personal injuries* or could be facing criminal charges, you should do the following:   Never admit liability (do not say that the accident was your fault) at the scene of an accident. Never leave the scene of an accident without making sure that everyone is okay, contacting the Gardaí and obtaining the third party’s contact and insurance details. You should never give a statement to the Gardaí without first consulting with a solicitor who specialises in criminal law. Never speak to the third party’s insurance companies. Tell them to contact your solicitor. Never ever enter into settlement negotiations without consulting with a solicitor, who specialises in personal injury*law. In the early aftermath of an accident, it is impossible to know how badly you have been injured or what potential medical treatment you may require. It is therefore inadvisable to settle any personal injury claim you may have at this juncture. Never attend a medical appointment arranged by the third party’s insurers without consulting with a solicitor who specialises in personal injuries*. Never repair your vehicle without consulting with a personal injury* solicitor, as it may be necessary to have the vehicle inspected.     For further information in relation to a road traffic accident* or indeed any aspect of personal injury* or criminal law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.   This article is merely for information purposes and is not, and should not be taken, as legal advice. If you have any queries in relation to this or any other aspect of personal injury* or criminal law, you should consult with a solicitor who specialises in personal injury* or criminal law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.   *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or...

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It is time to take Concussions seriously

Posted by on Mar 3, 2015 in News Feed | 0 comments

The Six Nations is now in full swing and we thankfully welcomed back Johnny Sexton to the team after a long absence due to concussion. With the World Cup only nine months away and with Ireland having just confirmed their intention to bid to become the host nation of the 2023 tournament, it is notable that the biggest rugby story over the last twelve months has been concussions and the serious personal injuries* players can suffer as a result of them. By definition, a concussion is ‘a type of traumatic brain injury’ usually caused by a blow to the head or body. It would be expected that brain injuries of any kind would be taken extremely seriously. However historically there has been a dismissive attitude to concussions in all sports. This has unfortunately resulted in a small, but not insignificant, number of players suffering serious personal injuries* or, in some cases, even fatal injuries. This was recently highlighted in March of last year when the High Court approved a settlement of €2.75m, after a school boy suffered horrific personal injuries*, arising out of him sustaining two concussions in a relatively short period of time. The settlement by the NFL of a massive class action personal injury* law suit, brought by retired American Football players, again highlighted the dangers, not only to the players, but also and to the sport as a whole, of not taking concussion injuries seriously. Thankfully the IRFU now seem to be taking the issue of concussions seriously, as seen by the submissions they made in October last to the Oireachtas Joint Committee on Health and Sport. The challenge for the IRFU will be educating the coaches, particularly those coaching at lower levels, of the dangers of concussion and the serious personal injuries* they can cause and how to identify when a player has suffered a concussion. Hopefully Johnny Sexton will stay clear of any future concussions. If he could also steer us to a defence of the Six Nations Cup, well, that you would be great too. For further information on any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.   This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to any aspect of personal injury* law, you should consult with a solicitor who specialises in personal injuries*. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.   *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or...

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The State could be liable in Personal Injuries Actions over school’s failure to adequately protect students from Bullying.

Posted by on Aug 9, 2014 in News Feed | 0 comments

  The case of O’Keeffe v Ireland has dramatically changed the responsibility the State has in protecting pupils in public education. The outcome of this case may mean that the State is liable for Personal Injuries sustained by pupils as a result of being bullied by their peers. Ms O’Keeffe had sued the State for Personal Injuries and breach of Constitutional rights arising from the sexual abuse she suffered at the hand of a teacher. Ms O’Keffe’s case was dismissed in both the High Court and Supreme Court on the basis that the State could not be vicariously liable for the acts of the teacher, due to the relationship of the state and denominational management of national schools. They also found that she had no action for breach of Constitutional rights given that the law of tort protected her rights. However on appeal, the European Court of Human Rights over turned the decision of the Supreme Court, stating that the decision was a violation of Article 3 and 13 of the of the European Convention on Human Rights. In its decision it stated that given the ‘vulnerable nature of children, it is an inherent obligation of government to ensure their protection from ill treatment, especially in a primary education context, through the adoption, as necessary, of special measures and safeguard. This judgment could potentially mean that State may be liable for Personal Injuries suffered by pupils due to bullying, in circumstances where the school is shown to lack sufficient anti-bullying measures. If you have any queries regarding personal injuries or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare. Tel: 045 897784     086 6013611 (24 hours) Email: info@hanahoeandhanahoe.com Website www.hanahoe-solicitors-naas.ie...

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The Creighton Case shows that the State can be liable for Personal Injuries caused to one inmate by another.

Posted by on Jul 4, 2014 in News Feed | 0 comments

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In June 2013, Mr Creighton was awarded €150,000 by the High Court in his action against the State for personal injuries he sustained in an unprovoked attack by a fellow inmate. This was heralded as a land mark decision, as it was the first time in Ireland that a plaintiff had been successful in a personal injuries claim against the State for injuries caused by another prisoner. However despite the publicity the case received, it did not change personal injuries law in Ireland, nor did it change the duty of care that the State owes prisoners in its care. Although this is the first time such a personal injuries case has been successfully taken against the State, the State have always had a duty of care to take all reasonable precautions to ensure that prisoners are not exposed to the risk of injury. What was perhaps most notable about this case is that for the first time a prison expert gave evidence on behalf of the plaintiff. This evidence was vital to the plaintiffs claim being successful. If you have any queries regarding personal injuries or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare. Tel: 045 897784     086 6013611 (24 hours) Email: info@hanahoeandhanahoe.com Website www.hanahoe-solicitors-naas.ie    ...

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New Proposals for Pre-Action Protocols in Medical Negligence Cases

Posted by on Jun 30, 2014 in News Feed | 0 comments

  Over the last twelve months there has been significant criticism over the handling of many Medical Negligence cases and particularly over the delays in which liability is accepted for the personal injuries suffered by plaintiffs in successful Medical Negligence cases.   As a result of such criticism a Medical Negligence working group, has been set up to draft proposals for ‘pre-action protocols’ for the handling of Medical Negligence cases. These protocols will require both the Plaintiff and the Defendant to set out their case at the start of litigation, so that any contentious issues can be identified and dealt with without unnecessary delays. The Medical Negligence working group also propose that the Court would case manage Medical Negligence cases more intensely, in a similar fashion to how cases are managed in the Commercial Court. It is believed these proposals will reduce the delays and costs associated with bringing Medical Negligence claims. If you have any queries regarding Medical Negligence Actions or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare. Tel: 045 897784     086 6013611 (24 hours) Email: info@hanahoeandhanahoe.com Website...

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