Road Traffic Accidents
We deal with various road traffic accident claims from across Belfast and Northern Ireland. These include car, motorbike, cycling, bus/coach and pedestrian incidents. If you are involved in a road traffic related accident, and you were not at fault, you may be entitled to compensation if you have been injured as a result.
We provide advice to both drivers, passengers and pedestrians that have been injured as result of a road traffic accident. Our team are dedicated to reducing the stress of the claims process by guiding and supporting our clients to ensure their post-accident experience is as straight forward as possible.
Accidents in the Workplace
MKB Law has many years of experience in dealing with claims arising from workplace accidents. Employers are obliged, by law, to take steps to protect their employees whilst at work. Legislation imposes duties on employers to carry out risk assessments to identify health and safety hazards and eradicate them.
If your employer has failed in their duty of care, and you have experienced an injury as a result, you may be entitled to claim compensation. If you are injured as a result of something a fellow worker did or failed to do, your employer is also responsible for those acts or omissions.
Slips, Trips and Falls
Slips, trips and falls cover a range of accident types which are usually caused by hazards or dangers that have not been properly addressed. If you have had an accident that you believe was the fault of the owner or occupier of the property where an accident took place, and have suffered an injury as a result, you may be entitled to claim compensation.
Medical Negligence
If you have concerns about the outcome of medical treatment or advice you have received from a doctor, dentist, or other medical professional, then you may be entitled to claim for compensation. Medical negligence claims may arise from surgery, post-operative care, mis-diagnosis or lack of informed consent. We understand that medical negligence claims can be an emotive and sensitive subject however, our aim is to ensure that you are put at ease and provided with confidential advice to reach a suitable outcome. Please contact the Claims and Disputes team at MKB Law if you are concerned about medical negligence.
How long do I have to make a personal injury claim?
Under the Limitation (NI) Order 1989 plaintiffs (the party who brings the claim) have 3 years from the Date of the Cause of Action or Date of Knowledge to make a personal injury claim. After this period your claim becomes statute barred – meaning your right to bring a formal case against a potential defendant will expire.
‘Date of the Cause of Action’ is the date on which the incident took place and ‘Date of Knowledge’ is the date by which you first become aware of the injury.
Do I have a good case?
For a personal injury claim to succeed the, plaintiff (the party who brings the claim) must prove on the Balance of Probabilities that the defendant:
- Owed the plaintiff a duty of care; and
- That the defendant breached that duty of care; and
- That the breach caused the plaintiff to sustain the injury alleged; and
- That the injury was foreseeable
‘Balance of Probabilities’ is the standard that the plaintiff must meet in order to prove their case and essentially means that the plaintiff must prove to the court that the occurrence of the event was more likely to have happened than not.
What is the difference between “General Damages” and “Special Damages”?
General Damages is a sum of money paid to the plaintiff (the party who brings the claim) in order to compensate them for their pain, suffering and loss of amenity caused by the accident. General Damages are normally proven by medical evidence and records that help establish the pre-accident state of the plaintiff compared to the current position, the nature and extent of the injury and the prognosis.
Special Damages is compensation paid towards a specific loss such as damage to property, loss of earnings, private medical treatment, pension losses and future losses. When proving special damages, a plaintiff will need to produce supporting documentation and receipts.
The defendant has raised the defence of “Contributory Negligence”. What does this mean?
Contributory Negligence is a defence raised by the defendant that the plaintiff is partly to blame for their injuries. If the defendant can prove this then the award of compensation to the plaintiff may be reduced.
If I win my personal injury case will I have to pay my legal fees?
In personal proceedings in Northern Ireland, it is the common position that if you win your case or settle your case with the defendant insurers making a payment of compensation, then your fees will always be paid directly to your solicitors. The particulars of fee arrangements in each case can be discussed with our solicitors. If liability is not admitted and legal proceedings are required fee arrangements may need to be discussed. We will provide advice on any possible funding arrangements available.
