WHAT WE DO
PERSONAL INJURY
OWEN CARTY & CO SOLICITORS ARE MEMBERS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS
Owen Carty and Company Solicitors have advised clients and acted in personal injury matters for over thirty years. If you are involved in an accident which was not your fault in the past two years and you have suffered an injury of some kind, you may be entitled to make a claim for compensation. These accidents often result in a claimant suffering a personal injury to include pain and suffering, financial loss, reduced quality of life, worry and stress. We represent clients who have suffered injuries ranging from soft tissue injuries to life-changing injuries, such as paralysis or a traumatic brain injury. We have achieved favorable results for clients suffering from head injuries, neck pain, spinal injuries, bone fractures, ligament and muscle tears, and more.
We advise on all types of personal injury claims, accidents, road traffic accidents, accidents at work, slip trip and fall accidents, fatal injury claims, garda compensation claims, child injury claims and medical negligence claims. We also work with medical experts who can provide expert opinion and advice about the extent of your injuries.
At Owen Carty and Company solicitors we have extensive knowledge, expertise and skills to achieve the best possible outcome for our clients seeking personal injury compensation.
TIME LIMITS
To bring a personal injury action in Ireland, it must be brought within the relevant time limits. The Statute of Limitations imposes strict time limits in relation to claims. The normal time-frame within which a claim can be brought is limited by law to two years from the date of the accident. However there are some exceptions to this time limit in relation to persons under 18 years of age. Whilst a claimant may have two years within which to bring a claim for compensation, there is also an obligation to notify the person who you hold responsible for your injury within two months of the accident.
ROAD TRAFFIC ACCIDENTS
Road traffic accidents are the most common cause of personal injury in Ireland. If you suffered personal injury or loss as a result of a road traffic accident as a driver, pedestrian or cyclist you may be able to claim against the insurance company of the person who caused the accident. Similarly if you were a passenger in a vehicle involved in an accident and you received personal injury you may also have a claim for compensation against the insurance company of the person who was liable for the accident. In certain circumstances, it is also possible to make personal injury claims against the Motor Insurers Bureau of Ireland who are responsible for handling cases involving road traffic accidents caused by uninsured and unidentified vehicles.
If you are involved in a Road Traffic Accident it is important to obtain the following details:-
• Details of all vehicle registrations involved.
• The name of the investigating Garda.
• Details of the driver’s insurance company and policy number.
• Name, addresses and contact telephone numbers of any witnesses.
• If possible, take photographs of the scene of the accident
• Write an account of the accident recording all details to include what happened including reference to road and traffic conditions etc.
• Visit your doctor if you think you may have suffered any injury.
ACCIDENTS AT WORK
The foremost legislation providing for the health and safety of people in the workplace are the Safety, Health and Welfare at Work Acts 2005 and 2010 under which the rights and obligations of all employers, employees and self-employed people in their workplaces are set out. The Acts provides for substantial fines and penalties for breaches of the health and safety legislation.
If an employee is injured while carrying out the duties of their employment, they may have a claim against their employer if the employer was in breach of its obligations under the health and safety legislation. Employers duties under the legislation are set hereunder. In addition if an employee negligently causes an accident which injures another it is possible that the employer could be liable for that incident and liable to compensation the employee for his personal injuries, medical expenses and any loss of earnings. Employees duties under the legislation are also set out hereunder.
EMPLOYER'S DUTIES
Under Section 8 of the Safety, Health and Welfare at Work Act 2005 of the Act the employer has a duty to ensure the employees’ safety, health and welfare at work as far as is reasonably practicable.
In order to prevent workplace injuries and ill health the employer is required, among other things, to:
• Provide and maintain a safe workplace which uses safe plant and equipment
• Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration
• Prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk
• Provide instruction and training to employees on health and safety
• Provide protective clothing and equipment to employees
• Appointing a competent person as the organisation’s Safety Officer
ACCIDENTS IN A PUBLIC PLACE
If you suffer personal injury as a result of an accident which occurred in any area that other members of the public may access then you may be able to make a claim for personal injury against the responsible land owner / local authority. Local authorities are responsible for public areas, roads and footpaths and people are directly or indirectly paying taxes in order to have these roads maintained in good condition. If a road or footpath is in excellent condition, it will be extremely difficult to succeed in a claim against the local authority. If you have had an accident in a public place the following are guidelines as to how you should proceed.
As soon as possible take photographs of the scene of the accident. Photographs should be taken in daylight regardless of whether the accident occurred at day of night. Retain the photographs carefully.
You should notify the relevant local authority in writing.
If possible obtain the names and addresses of any witnesses to your accident. Should you wish to proceed with a claim against a local authority, any witnesses may need to be contacted and they may need to provide statements.
If there were any persons or companies such as ESB etc. carrying on work at the area of the accident it is important if possible to obtain their details also.
For more information on personal injury claims, call Owen Carty & Company Solicitors on 09064 72862 or email us using the enquiry form.
In contentious Business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
For more information on personal injury claims, call Owen Carty & Company Solicitors on 09064 72862 or email us using the enquiry form.
In contentious Business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
CONVEYANCING
Whether you are a first time buyer or moving up the property ladder, buying or selling a home can be both an exciting and anxious time. The purchase or sale of property is a major milestone in a person’s life and one of the most important transactions that they will enter into and we appreciate that buying or selling a property is more than just a legal transaction.
We ensure that our clients understand and are at ease with the legal process of their transaction, explain same clearly without legal jargon and ensure you are kept up to date at all times with the progress of the transaction. At Owen Carty and Company we have many years experience in the area of conveyancing to include the following:-
- House Purchases/Sales
- Transfer to Children
- Transfer to Joint Names
- Mortgages/Re-mortgages.
- Site Purchases/Sales and Transfers.
- Registering Rights of Way.
We also provide legal services to both landlords and tenants in respect of residential letting agreements as well as advice on the rights and obligations of landlords and tenants under the Private Residential Tenancies Act.
We provide you with a detailed quotation to include all fees, vat and outlays at the outset of the transaction.
No matter what type of property transaction you may be considering, it is advisable to always consult a Solicitor before embarking on the purchase/sale/transfer of any property and before paying a deposit or signing any documentation.
For more information on property transactions, call Owen Carty & Company Solicitors on 09064 72862 or email us using the enquiry form.
CRIMINAL LAW
CRIMINAL LAW
If you have received contact from the Gardaí in circumstances that may result in a possible criminal charge or Court appearance it is essential that you obtain legal advice as soon as possible. The long term implications of a criminal matter can potentially be very serious for a person. Owen Carty and Company have extensive knowledge and experience in the area of Criminal Defence and provide clients with comprehensive service to ensure that clients rights are protected in this very important area of law. We are committed to giving our clients the best possible advice relevant to their situations and explaining the law and possible options to clients in basic language.
Owen Carty and Company is a member of the Criminal Law Legal Aid Panel and we have extensive experience in all aspects of criminal law in the district court, circuit court and court of criminal appeal. We represent clients primarily in the midlands and deal with all criminal offences including:-
• Criminal Offences such as Assault
• Theft
• Fraud
• Sexual Offences
• Drug offences
• Road Traffic Offences such as Drink Driving
• Dangerous & Careless Driving
• Public Order Offences
CRIMINAL LEGAL AID / FREE LEGAL AID
Criminal Legal Aid / Free Legal Aid
Owen Carty and Company is a member of the Criminal Law Legal Aid Panel.
In Ireland if your constitutional right to legal representation applies and you do not have the means to pay for legal representation, then the State is obliged to provide that legal representation. The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.
If a charge carries a possible prison sentence and you are not legally represented, the Judge is required to inform you that you may be entitled to legal aid. If you wish to be legally represented and you claim that you do not have the means to pay for representation, the judge must consider whether you qualify for free legal aid. In deciding whether or not you qualify for free legal aid under the criminal legal aid scheme, the judge must consider the following:
• Whether your means are enough to enable you to pay for your own legal aid
• Given the seriousness of the charge or offence, whether it is in the interest of justice that you should have legal aid in the preparation and conduct of your defence.
The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of his/her defence or appeal.
An applicant for free legal aid may be required by the court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid. Such an offence carries a penalty of a fine or imprisonment or both.
Early legal advice is essential in relation to criminal matters. Should you encounter the Gardaí in circumstances that may result in you facing a possible criminal charge or a court appearance contact Owen Carty and Company on 09064 72862 or email us using the enquiry form.
MEDICAL NEGLIGENCE
Owen Carty and Company has been involved in numerous high profile medical negligence claims acting on behalf of clients in personal injury cases due to the negligence of hospitals, consultants, doctors and medical professionals.
Medical negligence is where a health care provider provides treatment to a patient which falls below acceptable standards within the medical profession. The following are some areas of medical negligence which we can advise you on:-
- Medical
- Cerebral Palsy
- Birth Injuries
- Obstetrics
- Pregnancy and birth mismanagement
- Joint Replacement
- Dental
- Orthodontic
- Consultants
- Doctors
- Hospital
- HSE
- Accident & Emergency
- Anaesthesia
- Hepatitis Infection
- Medical and Dental Product Liability
- Brain Injury
- Orthopaedics
- Hospital Acquired Infections
- Cosmetic Surgery
- Delayed Diagnosis Claims
- Surgical Claims
- Blood Transfusion
To bring a medical negligence action in Ireland, it must be brought within the relevant time limits. The Statute of Limitations imposes strict time limits in relation to claims. In the case of Minors (persons under the age of 18 years) the time limits are extended by the legislation. An allowance is also made under law for those who did not have knowledge of the wrongdoing and in these circumstances, the time may be extended.
If you think you may have a claim for medical negligence, please contact Owen Carty and Company on 09064 72862 or email us using our enquiry form.
WILLS & PROBATE
Making a Will is probably one of the most important documents you will sign in your lifetime and therefore it is important to obtain legal advice in relation to it. Although a Will can be a relatively straightforward document to prepare, if there are any mistakes or ambiguities in it, these may have the potential to raise difficulties and even invalidate the entire Will. If such a situation arose, a person may be deemed to have died intestate
(i.e. without a Will) and the rules of intestacy would then be used to administer their estate.
Succession Law in Ireland is governed by The Succession Act 1965.
The following are basic rules which must be adhered to in relation to making a Will:-
- You must be 18 or over to make a valid Will or married if under 18.
- You must be of sound disposing mind and completely understand the nature of the document you are completing.
- The Will must be in writing and it must be signed by you in the presence of two witnesses, who must sign the Will after you have signed the Will and must sign it in your presence.
- The witnesses cannot benefit under the Will. The Will is still valid but if a witness is named as a beneficiary, they will not be able to take any benefit under the Will.
- If you marry, any Will previously made becomes void.
- A Will is valid from the day it is signed and witnessed. It does not have any effect until the date of death.
- It is very important to keep your Will up to date.
If you die without making a Will your estate will be distributed according to the law of intestacy. Having a Will made ensures that your family know what your wishes are and to administer your estate according to your wishes.
We provide advice on the making of wills and administration of estates including the tax implications of estate planning. The following are a summary of the services we provide:-
- Drafting of Wills
- Administration of Estates
- Power of Attorney
- Tax Advise on Estates
- Trust Matters
If you would like advice in relation to any aspect of Wills & Probate, please contact Owen Carty and Company on 09064 72862 or email us using our enquiry form.
FAMILY LAW
Owen Carty and Company Solicitors have many years of experience and expertise in the area of family law in the District Court, Circuit Court and High Court.
Marriage breakdown and matters relating to family law matters can be very stressful time in a persons life. We are well equipped with the knowledge, skills and expertise to approach these issues with sensitivity and offer realistic and practical solutions to clients who require advice in family law matters.
The main areas of family law in which we practice are:
- Divorce
- Separation
- Custody/Access/Maintenance
- Non-marital relationships
- Succession rights
- Co-habitation issues
- Nullity
We engage a broad panel of highly-experienced Barristers who specialise in the area of Family Law.
We believe that every possible effort should be made to try to resolve family law difficulties through negotiation or other mechanisms and it should only be as an absolute last resort that the parties should resort to court proceedings to resolve the matter.
Should you wish to have a confidential consultation regarding your circumstances and the avenues open to you, please do not hesitate to contact Owen Carty and Company or email us using our enquiry form.
