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Legal FAQs

Data Breaches/GDPR

Can I obtain compensation for a Data Breach?

In circumstances where you are of the view that your personal data may have been exposed following a data breach or that personal data has been stored or processed incorrectly, it is important to seek legal advice from our Data Protection Solicitors as soon as possible. Our experienced Data Protection Solicitors can advise you on your legal rights and options, then help you to take appropriate action to minimise any long-term negative impact. Under Article 82 of the General Data Protection Regulation (GDPR,) if you have suffered material or non-material damage as the result of a data protection breach, then you have the right to seek compensation.  It should be noted that claims for compensation for stress and emotional suffering can also be made.

How much compensation can I obtain for a Data Breach?

The amount of compensation will depend on many factors including but not limited to the severity of the matter, the strength of your case, on-going damage and whether the matter is settled or goes to Trial.

General Claims

How long do I have to make a legal claim?

The general limitation period under the Statute of Limitations is six years for proceedings for Tort or breach of Contract. The time limit for a claim under the Liability for Defective Products Act 1991 is three years from the date the damage occurred or when the plaintiff was aware or should reasonably have been aware of the damage, the defect and the identity of the producer.

How do I make a small claims suit?

The Small Claims procedure is a service provided by District Court offices and is designed to handle consumer or business claims inexpensively without involving a solicitor. The claim cannot exceed €2,000.  The current fee to make a claim is €25. Where possible, the Registrar will negotiate a settlement without the need for a court hearing. If the matter cannot be settled, the registrar will bring your claim before the District Court (which you will have to attend). Remember, it is possible your claim will be disputed, or a counterclaim made against you.

Personal Injury

How to make a whiplash claim?

Our Road Traffic Accidents Solicitors understand that an injury caused as a result of Road Traffic Accidents are an incredibly stressful and emotional experience which have a bearing on your private and professional life. In circumstances where you have been injured as a result of the negligence of another you may be entitled to take a claim for compensation. It is clear that Road Traffic accidents are an everyday occurrence and can result in whiplash or more serious physical injuries or physiological injuries. A Whiplash is a neck injury which occurs due to forceful, rapid movement of the neck, like the motion of cracking of a whip. A Whiplash injury often occurs by car accidents involving rear-ending. It should be noted that whiplash may result from traumatic abuse and sporting and other physical accidents. Whiplash may be cured in a matter of months or it may have long lasting effects. Typical symptoms of whiplash may include neck pain, stiffness, restricted movement, headaches, tenderness, numbness, fatigue and dizziness. Our Personal Injury Solicitors will assist you in taking a robust whiplash claim via the Personal Injuries Assessment Board.

How long do I have to make a personal injury claim?

The legal time limit or statute of limitations for a personal injury is 2 years from (i) the date of the injury, or (ii) the date of knowledge of the injury. The date of knowledge of the injury is significant in that in some cases an injured party may not realise they are injured until after the injury has occurred. It is important to note that your case may not be brought forward after this period.

How do I make a car accident claim?

Our Road Traffic Accident Solicitors understand that an injury caused as a result of a Road Traffic Accident is an incredibly stressful and emotional experience which have a bearing on your private and professional life. In circumstances where you have been injured as a result of the negligence of another you may be entitled to take a claim for compensation. It is clear that Road Traffic accidents are an everyday occurrence and can result in whiplash or more serious physical injuries or physiological injuries. Being involved in a car accident is a traumatic experience whether you suffer a physical injury or psychological injury as a result of the negative experience. In some cases, you may be in a position to make a claim for compensation. Our Personal Injury Solicitors will assist you in taking a car accident claim via the Personal Injuries Assessment Board.

Medical Negligence

How long do I have to make a medical negligence claim?

The legal time limit or statute of limitations for a Medical Negligence claim is 2 years from (i) the date of the injury, or (ii) the date of knowledge of the injury. The date of knowledge of the injury is significant in that in some cases an injured party may not realise they are injured until after the injury has occurred. It is important to note that your case may not be brought forward after this period.

How much compensation will I obtain for medical negligence?

The amount of compensation will depend on many factors including but not limited to the severity of the matter, the strength of your case, on-going damage and whether the matter is settled or goes to Trial.

How do I make a claim compensation for medical negligence?

A consultation with our Medical Negligence Solicitors will help them to understand the nature of the injury and the causes of same. Our Medical Negligence Solicitors will identify the likely Defendants and allow them to strategize the best path forward for you. Our Medical Negligence Solicitors will require copies of all relevant documentation in order to fully consider your injury. This may involve a Data Access Request under the General Data Protection Regulation. A Medical Report is considered to be the most important in terms of proving the injuries sustained. A Medical report may involve a report from a General Practitioner, Specialist or a Psychologist depending on the type of injury sustained. At this point our Medical Negligence Solicitors will brief a Barrister so that the necessary proceedings can be prepared and served on the correct Defendants. It is important to note that a large number of Medical Negligence cases settle outside of court.

Is a misdiagnosis medical negligence?

As a patient you normally have a deep trust in the expertise of your Doctor to deliver the correct diagnosis. Despite this there are instances where a doctor may give a misdiagnosis or perhaps negligently delay the diagnosis leading to complications. If a diagnosis is delayed, then this may have an impact on the effectiveness of treatments which could result in needless pain and suffering, prolonged illness and perhaps a complete failure of recovery. Where the above has occurred, a patient may be entitled to pursue a claim for medical negligence or malpractice.

How do I prove a medical negligence claim?

Proving that a doctor has acted negligently in his or her treatment of a patient is a rather complex task and it should be noted that the law only provides the opportunity for you to make a medical negligence claim if it can be shown that on the balance of probabilities that the treatment that you received was carried out in a negligent fashion and that same directly caused or contributed to your injury.

Employment Law

How do I make a claim against my employer?

Before deciding to bring a claim against your employer, you must raise your issue internally in your workplace. This will involve using the grievance procedure in use in your employment.  If appropriate, a claim against your employer may be brought at the Workplace Relations Commissioner and the Labour Courts.

How to make a claim for constructive dismissal?

A constructive dismissal occurs under the Unfair Dismissals Acts 1977-2015 where your contract of employment is terminated, with or without notice, due to the conduct of your employer. Your employer’s conduct must have been of such a manner that it was reasonable for you to terminate your contract without giving notice.

How to make a claim for unfair dismissal?

An unfair dismissal can occur under the Unfair Dismissals Acts 1977-2015 where an employer terminates your contract of employment, with or without notice and in particular under the following:

  • Political or Religious opinions;
  • Union Membership;
  • Gender, Sexual orientation, Colour, or Age;
  • Unfair selection for Redundancy;
  • Protected Disclosures;
  • Pregnancy or breastfeeding or any matters connected with childbirth; and

Availing of rights under legislation to maternity, adoptive, paternity, carers or parental leave.

Will

How to make a will?

A Will is a witnessed document that sets out in writing the deceased’s wishes, after death, for their possessions, referred to as their Estate. A will is also an important tax-planning device.  It can be drafted to make the best possible use of the various tax reliefs. Our expert and experienced Will Solicitors will discuss the entire process with you. We will ensure that your interests are protected at all times and that the procedure is carried out speedily and efficiently. Finally, you should always seek legal advice on the possible tax implications of either receiving or giving any gift or inheritance.

When to make a will?

A Will can be made at any time, however after marriage, after you have children or purchased an additional property are all good times to draft or re-new a Will.

Can you make a will if you have dementia?

When it comes to making a Will, in order for the Will to be valid the testator must have capacity to make a Will and this is assessed in accordance with principles set out in case law.

Do you need a solicitor to make a will?

Our Will Solicitors have experience in all aspects of drafting and preparing Wills and advise on all aspects of Estate Planning. An incorrectly drafted Will may lead to unintended consequences.

Probate

What is Probate?

The word Probate means to prove. Probate occurs when a person dies leaving a Will outlining their Testamentary wishes. The party who is responsible for the distribution of your estate is known as an Executor. An Executor will seek to obtain a Grant of Probate and also compile a schedule of assets such as property or bank accounts and pay all your debts. Once debts are paid the balance of the Estate is distributed to the beneficiaries of the Estate.

How long does probate take in Ireland?

Typically, the relevant grant is received within 3-6 months from the date of receipt of all the relevant information. The timelines largely depend on the level of applications the Probate office is dealing with. Once the grant is received, certified copies are sent to the various Financial institutions so that the funds can be received and distributed. It should be noted that delays can occur where a Will is contested. Our Probate Solicitors can advise as to any likely timeframe and likely delays. Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.

What if the executor does not probate the will?

An Executor who fails to act could face a lawsuit by the heirs or creditors who stood to benefit from the estate. The heirs may sue for damages due to not being given the assets to which they were entitled.

Do I need to apply for Probate?

In cases where an Estate is under €25,000 and there is no property involved there is a procedure which allows the Estate to be administered without the need to apply for either a Grant of Probate or Grant of Administration. In many cases this procedure is used when there is no property and involves only funds in a Credit Union or Bank Account. In such cases the relevant bank or credit union may simply release the funds.

Conveyancing

Do I need a conveyancer for a re-mortgage?

Over the last number of years, the banking sector has come under increased scrutiny in terms of the products they offer. Perhaps one positive result in this respect has been an increase of mortgage deals/switches the banks are offering. In many cases there are huge savings to be obtained. Our Mortgages Switching Solicitors are here to help complete any documentation you may require. A Solicitor is required for this process and we can assist.

Can I do my own conveyancing?

Conveyancing is more complicated and time-consuming than it may first appear, so it is best to leave it to your solicitor. Whether buying a house or apartment by auction or by private treaty, your solicitor must carefully examine the contract and supporting copy documents of title. It is easy to fail to notice a problem on time. Issues may include evidence that the vendor really does have title to sell the property, whether there are any disputes about the property and that nobody else has any rights to it, such as a right of residence.

What does conveyancing mean?

A conveyance involves the transfer of property from a legal perspective from one owner to another. Conveyancing covers all legal and administration work carried out from the drafting of contracts of sale and review of title, to the registering of the Property with the new owner. The process starts when an offer is accepted on a property and ends when the new owner is the registered legal owner.

Enduring Power of Attorney

How to register an Enduring Power of Attorney

The EPA can only come into force when it has been registered. However, once an application to register the EPA has been made, the attorney may take action under the EPA’s powers to maintain you and prevent loss to your estate. The attorney may also take action to maintain themselves and other persons, in so far as it is permitted under Section 6 (4) of the 1996 Act. The attorney may also make any personal care decisions permitted under the powers that cannot reasonably be deferred until the application for registration has been determined.

Also, in certain circumstances before the EPA is registered, application may be made to the court to exercise the EPA’s powers under Section 12 of the Act.

In order to register an EPA, the future attorney makes an application for registration to the Registrar of Wards of Court, once there is reason to believe that you are or are becoming mentally incapable. The attorney must have a medical certificate confirming that you are incapable of managing your affairs.

Five weeks before making this application, the attorney must notify you and the notice parties of his/her intention to do so. Within the 5 weeks, the donor or a notice party can lodge a notice of objection on one of the grounds given in Section 10 (3) of the Act with the Registrar of Wards of Court.