FAQs
PERSONAL INJURY
HOW LONG DO I HAVE TO BRING A PERSONAL INJURY CLAIM?
Two Years from the date of the incident or two years from the date of knowledge of your injury.
WHAT INFORMATION WILL MY SOLICITOR REQUIRE FROM ME?
Basic details such as name, address, date of birth, PPS number, employment status, salary. He or she will also require details of how the injury occurred and any medical treatment sought following the incident or accident. If you have incurred any out of pocket expenses you should also bring along any proofs for same. If you are a new client identity documents such as a passport, driving licence and or utility bill will be required to verify your identity.
WHAT WILL HAPPEN AFTER I SEE MY SOLICITOR ABOUT MY CLAIM?
After your solicitor has taken your instructions, he or she will determine whether or not you have a good case or whether further information is required. He or she will also seek medical evidence to verify your injuries such as a report from your treating GP.
WHAT IS THE PERSONAL INJURIES ASSESSMENT BOARD?
The majority of claims for personal injury in the Republic of Ireland must be lodged initially with the Personal Injuries Assessment Board. They are an idependent state body concerned with assessing personal injury claims before the applicant is entitled to take the matter to court.
HOW LONG WILL MY CLAIM TAKE?
It is extremely difficult to estimate the time a claim will take to resolve. The application to PIAB is likely to take anywhere between 12 months and 18 months to go through the assessment process. If an assessment cannot take place then an authorisation could issue within months entitling you to proceed to court with your claim. If the matter proceeds to court it may take an additional 2 years to resolve the case.
WILL I HAVE TO GO TO COURT?
HOW MUCH WILL THE CLAIM PROCESS COST ME?
If you submit your claim to PIAB and accept their assessment, you will be responsible for your own legal fees for bringing the claim to that point. In the event that you proceed to court and win your case, the other side will be responsible for your legal fees from the date proceedings are issued. If you lose, you will owe your costs and the other side’s costs.
CRIMINAL CASES
I HAVE RECEIVED A SUMMONS TO APPEAR AT THE DISTRICT COURT- WHAT DOES THIS MEAN?
It means that you must attend before a District Judge at the time and place appointed to answer charges relating to a criminal offence.
I HAVE BEEN ARRESTED AND RELEASED WITH A CHARGE SHEET TELLING ME TO APPEAR AT THE DISTRICT COURT- WHAT WILL HAPPEN WHEN I GET THERE?
You should appear at court on the date and time stated on the Charge sheet to answer the charges relating to the criminal offences. Beforehand, you should seek legal representation and discuss making an application for criminal legal aid to fund your criminal defence. At court on the first day, the judge will verify if you have legal representation. If you do have legal representation it is likely that your representative will seek disclosure of the evidence against you from the Garda and adjourn the case to consider same before advising you whether to plead guilty or not guilty.
WHAT HAPPENS IF I DO NOT TURN UP TO COURT?
If you do not turn up and have a charge sheet, the judge is likely to issue an immediate bench warrant for your arrest. This means the Garda will arrest you and bring you before the court at the next available opportunity. If you have a summons and fail to turn up, the judge may proceed to hear your case in your absence and may convict you without you getting the chance to explain your version of events.
HOW MUCH WILL IT COST ME?
This will depend on whether or not you qualify for criminal legal aid. If you qualify, then legal aid will cover the total cost of your legal representation. If not, you will be responsible for paying for your solicitor’s appearance and time expended considering your case.
WHAT ARE MY OPTIONS IN RESPECT OF THE CHARGES OR SUMMONS FOR OFFENCES?
You can contest the charges and plead not guilty or accept the charges, plead guilty and your solicitor can make a plea of mitigation on your behalf to try and minimise the sentence from the judge.
CAN I APPEAL THE DECISION OF THE COURT?
Yes you have 14 days to appeal the decision of a District Judge. If you lodge your appeal correctly and on time, the matter will be ultimately listed before a Circuit Court judge who will rehear the case and make a decision affirming the original decision or changing same.
FAMILY/MATRIMONIAL LAW
WHAT IS GUARDIANSHIP?
Guardianship is effectively parental responsibility. A guardian of a child is involved in important decisions in the child’s life such as education, religion, medical treatment and general rearing. Married parents have automatic guardianship of their children. If unmarried, a mother only has automatic guardianship but a father can acquire same subsequently.
WHAT IS THE DIFFERENCE BETWEEN ACCESS AND CUSTODY?
Custody determines which parent has day to day control of the child and where the child resides on a daily basis. Access is essentially contact for the parent who does not have custody.
WHAT IS THE DIFFERENCE BETWEEN DIVORCE AND JUDICIAL SEPARATION?
Divorce dissolves the marriage completely and brings finality to the marriage. It also deals with the division of the matrimonial assets. Judicial Separation only ends the party’s requirement to co habit together.
HOW LONG WILL MY DIVORCE TAKE?
Divorce can take at least 12 months and often even longer depending on the parties involved, the age and number of children involved and the assets to be distributed between the parties.
REQUIRE MORE INFORMATION?
- Address
3, Bridge Street,
Cavan Town,
Cavan,
Ireland
H12 Y5P6
- Opening Hours
Monday 9.15am-5pm
Tuesday 9.15-5pm
Wednesday 9.15-5pm
Thursday 9.15-5pm
Friday 9.15-4.30pm
