Personal Injury* Compensation: What Can You Claim For?

Most people are aware that they can make personal injury* claims for accidents in cars and other vehicles.

What some people do not realise is that an accident or injury they have suffered could also qualify and that with the right lawyer even large and powerful organisations can be held accountable for their negligent actions.

Here’s what you can claim for in terms of personal injury* and what you can’t. If you have any questions either way, get in touch! We can assess your individual case and work out whether we can help.


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Can I Make A Personal Injury* Claim For An Accident In A Supermarket?

Making a personal injury* claim for an accident that happened in a supermarket, or in a supermarket car park, is perfectly acceptable. It is common for supermarkets to be responsible for slip, trip and fall accidents due to unsigned wet floors, spilled produce that has not been cleaned up after a reasonable time period and badly maintained car parks.

The most important thing to do following a personal injury* in a supermarket or supermarket car park is to seek medical help.

Once you have sought and found medical help and been appropriately cared for, you should notify the supermarket’s management. They should not attempt to pressure you into making any significant decisions during this period.

After you’ve taken care of yourself and made sure there’s a record of your injuries, you should contact a personal injury* lawyer to see if you should pursue the claim and if there are any other steps you should take.

In order to claim successfully, you need to be able to show that the supermarket was responsible for your injury. This is something that we can assess for you.


Can I Make A Personal Injury* Claim For A Trip Or Fall In A Public Place?

There are some instances where people trip or fall in a public place and it is nobody’s fault. In these cases you cannot make a claim. There are, though, many more cases when a trip or fall in a public place is actionable.

As long as you are not trespassing, acting in a reckless or dangerous manner, a reasonable person would not have noticed the danger, and the property owner took reasonable steps to avoid the danger, you should be able to make a personal injury* claim.

A property owner needs to make sure that their premises are clean and safe. However, if it is not reasonable to expect that the danger could have been spotted and avoided by the property owner, then it is unlikely that a court in Ireland will consider the property owner liable.

As an example, an icy patch appearing in the last hour is unlikely to be the property owner’s responsibility. An icy patch that has remained for multiple days without action taken and despite near-misses in the past, by contrast, is much more likely to be the property owner’s responsibility.


Can I Make A Personal Injury* Claim For An Accident At Work?

You should be able to make a personal injury* claim for an accident at work that wasn’t your fault.

In this case, you will be making a claim against your employer. This can be intimidating, but employers should have insurance taken out specifically for this purpose.

Just as importantly, employers do have a duty to provide a safe working environment for you. An employer attempting to intimidate you into backing down over an accident at work or industrial disease claim is completely in the wrong and if they punish you for making a claim.

Industrial diseases, industrial accidents, lifting injuries, slips and falls, and exposure to toxic substances or environments may all lead to injury claims. If you’ve suffered an accident at work, we can advise you further about how to proceed.


Can I Make A Personal Injury* Claim For An Accident In A Nightclub?

Although there are obvious dangers associated with being in a dark, noisy area with a lot of drunk people around, the obviousness of these dangers only makes it more important that the nightclub owner takes steps to protect you.

If you step on broken glass, trip or fall because of floors or stairs that are in poor condition, or injure yourself in any other way that could have been prevented if the nightclub owner had taken the appropriate measures, then you should be able to make a personal injury* claim.

We are happy to discuss accidents that happened in a nightclub with you at any time.


Can I Make A Personal Injury* Claim For An Accident In A Restaurant?

Restaurants are the site of many accidents, especially with floors that are prone to becoming slippery and over-worked staff who can’t take time out to put up a sign.

If you do fall because of an unsigned slippery restaurant floor and injure yourself, this is the restaurant owner’s responsibility. You may be able to make a personal injury* claim against a restaurant for injuries sustained in this way.

If you’ve fallen or been burned or otherwise been hurt in a restaurant recently, we’re here to listen to your story and help you get the compensation you’re entitled to.


Can I Make A Personal Injury* Claim For An Injury Sustained From A Violent Crime?

In Ireland, injuries sustained in the course of a violent crime are not compensated in the same way as most other personal injury* claims.

These will typically fall under the Scheme Of Compensation for Personal Injuries* Criminally Inflicted, instead.

So although you cannot make an ordinary personal injury* claim for an injury that was criminally inflicted, you should definitely still pursue personal injury* compensation for it.


Can I make a Personal Injury* Claim For An Accident At The Gym?

All gyms in Ireland have a responsibility to ensure they provide a safe environment for members to work out. They must fulfil their duty of care by keeping all machines well-maintained and by employing vigilant trainers. When they fail to uphold these responsibilities, accidents can happen.

If you do have an accident at the gym, there are some steps you should take immediately to ensure you have a good record of the accident to make a claim. Ensure you inform the gym authorities about it and make a written record of it in a log book or similar. Next, seek medical help so the extent of the injury can be assessed by a professional.

Things you would most likely be able to claim for if you’ve had a gym accident would include the pain and suffering, any medical expenses, travel expenses and any loss of earnings.


Can I Make A Personal Injury* Claim If It Was My Fault?

Maybe surprisingly, yes, as long as it was not entirely your fault. If you share some degree of responsibility for the accident with your employer, a concept known as ‘contributory negligence’ comes into play.

Contributory negligence may result in lower compensation, but you will still be able to make the personal injury* claim.

If you’ve had an accident and you’re not sure if you’re able to claim because you were partly at fault, pick up the phone or send us an email and we’ll be keen to discuss your case as soon as possible.


Why use a solicitor for your Personal Injury Claim?

These sorts of cases are time consuming and complicated. Once a case is filed, it will most likely be contested, which will lead to a potentially long, drawn out legal fight. In order to avoid a pay out, the party in question will most likely try to fight using all the loopholes they can find.

A personal injury solicitor will be able to negotiate around these obstacles and details, using their extensive knowledge and experience, whereas a layperson will most likely not have the time, or the expertise.

Whatever you decide to do in relation to your personal injury*, we wish you the very best of luck and hope you’re better before too long!

My Question’s Not On This List!

If you’ve got questions not covered by this list, feel free to call our Freephone number 1890 989 289 or send us an email at info@gibsonandassociates.ie and we’ll answer your question. If it’s a common question we’ll definitely add our answer to this list. You can also find more information on our main personal injury* services page.

To read more about our processes and our solicitors, visit our ‘Why Choose Us’ page.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement

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