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Bicycle Accident Claims

By acelegal June 10, 2020

Cycling is a great way to keep fit and a greener way to travel, but it carries the risk of being involved in a road traffic accident, as does driving a vehicle and even being a pedestrian. Did you know that cyclists who are involved in road traffic accidents are often entitled to compensation for their injuries?

Road traffic accidents involving cyclists can range from minor injuries to severe and even fatal accidents, and it is vital to seek legal advice if you have been injured in an accident of this type. Accidents that involve cyclists commonly lead to injuries such as head injuries, injuries to the limbs or collarbone, and back or neck injuries, including whiplash.

What to do if you are Injured in an Accident?

If you are a cyclist and you are injured in an accident, you should follow these guidelines to protect your health and ensure that you are adequately compensated for your injuries:

  • Seek medical advice. When you are involved in a road traffic accident, the most important thing is to seek medical attention as soon as possible to establish the extent of your injuries. If you, or anyone else involved in the accident, require urgent medical help, an ambulance should be called to the scene of the accident. If you do not believe that you have been seriously injured, you should still visit the local hospital or doctor’s surgery to check the severity of any injuries you have sustained and provide a record of the accident and your health at this time. Your medical records will form a substantial part of any subsequent compensation claim, and injuries such as whiplash can develop gradually so it is important to seek medical advice even if you do not think you are seriously injured.
  • Report the accident. If the accident is serious, it is likely that the Gardai will be called and will attend the scene as soon as possible. If the accident is minor, you should visit your nearest Garda station as soon as possible and report the details of your case.
  • Exchange details. If you are not seriously injured, you should remain at the scene of the accident and exchange details with any other people involved in the accident. You should record the registration plates of any vehicles involved in the accident, and the name, address and insurance details of each driver.
  • Record the scene. You should take photographs of the scene of the accident and make a note of the situation. It can help to write down your version of events as soon as possible, so that you have a record to refer back to. If there are witnesses to the accident, you should ask them for their details as they may be required to make a report or statement about how the accident occurred.
  • Take legal advice. If you have been injured while cycling, you may be entitled to claim compensation for your injuries and the effect the accident has on your life. You should speak to an experienced personal injury solicitor to find out the best way to proceed, which will usually involve an application to the Personal Injuries Board. Your solicitor will help you to gather all relevant information, including the details of the accident and your medical records, and will work with you to ensure that you are fully compensated for the injuries you have sustained. A compensation claim will depend upon the type and severity of your injuries, but even minor injuries may be eligible for compensation. If you have been seriously injured, you may seek compensation for any loss of earnings, including if you are unable to return to work in the future, as well as medical costs, lifestyle adjustments and psychological effects of your injuries. Your claim will be assessed by the Personal Injuries Board and you should consider any compensation offer with your solicitor before accepting a settlement.

It is important to note that you are not obliged to accept an initial settlement offer, and you should discuss this with your solicitor as it may be increased significantly if you do not accept. Once you have accepted a settlement, your case will be considered to be settled in full, and you will not be able to apply for further compensation at a later date.

Find Personal Injury Solicitors in Cork

If you have been injured as a cyclist in a road traffic accident, you should speak with an experienced personal injury solicitor to find out how to claim the compensation to which you are entitled. Our expert team of personal injury specialists at Irwin, Kilculllen & Co Solicitors will be very happy to discuss your case with you. Simply contact us online or call us today on +021 4270934 to see how we can help.

Your Guide to the Administration of your Estate

By acelegal June 2, 2020

The death of a loved one is always difficult, but this stressful time can be further complicated if there are problems with the administration of the estate of the deceased. In order to protect the interests of your family, it is important to consider how your estate will be administered, and to make a Will that details your wishes clearly.

Making a Will is a straightforward and simple process when you work with an experienced solicitor, and knowing that there will be no unexpected problems to deal with in the event of your death will give you and your family peace of mind. ‘Your Estate’ refers to all property and assets owned at the time of your death.

 

What Happens To Your Property When You Die:

The way in which your estate is administered is known as probate, and this process will be carried out as follows:

  • Assets are frozen. When a person dies, their assets are immediately frozen to prevent any problems with the probate process. This means that no-one can access any money in the bank accounts of the deceased, and that nothing may be sold or removed from property belonging to the deceased. When Probate is completed, assets will be released to those with a Grant of Probate, to whom they will now belong. Exceptions to this include cases where there is not a lot of money in a bank account, and in some circumstances this may be released without a Grant of Probate or with a personal guarantee.
  • Joint property ownership. If the deceased has jointly owned a property, ownership will pass to the surviving owner upon the death, regardless of the Will. However, if a property is owned on a ‘tenants in common’ basis, the share owned by the deceased will now belong to those named in their Will.
  • Assets are collated. When you make your will, you will specify at least one Executor, who will be responsible for obtaining the Grant of Probate. The Executor(s) will work with the Solicitor of the deceased throughout the Probate process. During this process, all assets belonging to the deceased will be collated, and any outstanding liabilities will be examined. Assets will include property owned by the deceased, as well as any bank accounts and insurance policies held.
  • Details are submitted to the Revenue Commissioners. All information regarding the assets and liabilities of the deceased will be disclosed to the Revenue Commissioners, by preparation of an Inland Revenue Affidavit.
  • Application forms are submitted to the Probate Office. Your Executor(s) will need to complete the relevant application forms and submit these to the Probate Office, who will consider each application and issue the Grant of Probate when it is satisfied.
  • Estate is distributed. When in possession of the Grant of Probate, the Executor(s) will be responsible for distributing all assets according to the specifications of the Will. At this point, bank accounts can be accessed, shares can be sold, and property titles can be transferred or sold according to the Will.

To avoid any unnecessary delays or complications in the probate process, you should make a Will with an experienced Wills and probate solicitor. This is the best way to ensure that your estate is administered in accordance with your wishes after your death. It is helpful to include a list of all of your assets, including bank accounts and insurance policies, with the Will. We recommend that you keep a copy of your Will and inform your next of kin where this is kept, and that your solicitor holds the original.

Find Probate Solicitors in Cork

Here at Irwin, Kilcullen & Co. Solicitors, we have a great deal of experience in making Wills for our clients. Your Will should be regularly updated and you should review it each time your circumstances change. Our experienced solicitors will be happy to discuss how we can help you when you contact us online or call us today on +021 4270934.

Things To Do After You Buy A House

By acelegal March 23, 2020

Buying a house can feel like a huge milestone, and when you finally get the front door keys, you’ll probably want to break out the champagne! However, there are still several things you need to do in order to protect yourself and your property, and our easy guide to moving in will help you to make the best decisions here. (more…)

Potential Problems With A Personal Injury Case

By acelegal February 11, 2020

If you have suffered an injury in an accident that was not your fault, you may be eligible to claim compensation in a personal injury case. In many cases, this involves an application to the Personal Injury Board in Ireland, who will assess your case and suggest appropriate compensation. However, there are many potential problems with personal injury cases, and we will discuss some of these here.

Potential Problems In Personal Injury Cases:

A personal injury case can be straightforward if the other party accepts liability and a sufficient amount of compensation is agreed between you. However, there are many problems which could arise when your case is examined, and it is important to be aware of these in order to increase the likelihood of a successful claim.

31237133 - unconscious female cyclist lying on street after road accident
31237133 – unconscious female cyclist lying on street after road accident

It is very important to work with an experienced personal injury solicitor to build your case and ensure the best possible outcomes. Potential stumbling blocks in a personal injury case include:

  • Time frame. A personal injury claim must be brought within two years of the date of the accident in which you were injured, and claims will not be considered after this date unless there are mitigating circumstances. The Statute of Limitation allows for this two year period to begin from the date of knowledge of the accident, so if you were unaware of the accident, for example if you were in a coma, or if you did not know that your injury was the fault of another party, or who the other party was, you may be entitled to make a claim within the two year period following the date on which you became aware of the facts in your case. Mitigating circumstances also include accidents that injure children under the age of 18, where the two year period in which a claim can be made begins on the child’s 18th birthday. However, parents or guardians may make a claim on the child’s behalf before this.
  • Proof of injuries. You will need to provide evidence to support your version of events, and this will be thoroughly examined by the legal teams working for the other parties involved in your claim. Defendants or their insurance companies may employ the services of personal investigators to confirm the impact of your accident upon your life, so it is very important to stick to the facts and be accurate about the way your injury has affected you.
  • Missing or incomplete details. Medical reports form an important part of a personal injury compensation case, and if you have not visited a doctor or sought medical advice following an accident, it may be more difficult to make your claim. It is important to visit your doctor after an accident even if you do not think that you have been seriously injured, because it is useful to have a record of the accident in case an injury develops or becomes apparent at a later date. Keeping a diary to record events after the accident can also be very helpful, as a record to look back on when you build your case with your solicitor.

Do Personal Injury Cases Go To Court?

If a claim is made for a very complex case, or if the case relates to psychological damage or to surgical treatment, the Personal Injuries Board will not make an assessment and will refer the case to the courts instead. You may also choose to take your case to the courts if you do not agree that the compensation offered via the Personal Injuries Board is adequate.

Once your claim is settled via the Personal Injuries Board, it cannot be revisited if your injury worsens or another impact is realised. It is vital to work with an experienced solicitor to ensure that you are offered an appropriate amount of compensation and that this takes future outcomes into consideration. A personal injury claim that is taken to the courts may be more flexible, and you should carefully consider the advice of your legal representative.

Find Personal Injury Solicitors in Cork

Here at Irwin, Kilcullen & Co. Solicitors, we work with many clients who have experienced personal injuries, whether from road traffic accidents, accidents at work or accidents in public places. Our experienced solicitors will be happy to discuss how we can help you when you contact us online or call us today on +021 4270934.

Why Should I Hire A Conveyancing Solicitor?

By acelegal November 14, 2019

If you have not bought or sold a property before, you may wonder why you would need to hire a conveyancing solicitor. It is difficult to imagine the immense stress that buying and selling property can cause, and whether you are switching your mortgage, changing ownership or buying or selling a home, you will find that working with an expert conveyancing solicitor will streamline the process significantly.

Here at Irwin, Kilcullen & Co. Solicitors, we are experienced in conveyancing law and can help you with any complications that may arise, as well as processing all of the documentation involved and ensuring that the legal transfer of property deeds is made smoothly. There are many potential pitfalls when buying and selling property, and working with us can help you to avoid the stresses and setbacks that commonly cause the process to consume a great deal of time and money.

Do I Need A Conveyancing Solicitor?

If you do not need a mortgage to buy a property, you do not technically need to employ a conveyancing solicitor to handle the conveyancing process. However, carrying out your own conveyancing is not recommended as this is a complex process and there are many ways in which errors can be made.

A conveyancing solicitor will be trained, licensed and experienced in the conveyancing process, and will be able to handle the whole buying or selling process for you with the minimum of stress and upheaval. Any disputes will be dealt with professionally and quickly, and you will be able to relax in the knowledge that your sale or purchase is in good hands.

What Does a Conveyancing Solicitor Do?

Our conveyancing solicitors will take care of the whole sale or purchase process for your property, and will discuss any issues that arise with you as you proceed. You will be required to provide information and answer queries, and your solicitor will be your first point of contact if you have any concerns about the process. The following tasks will be carried out by your solicitor:

• Giving legal advice. Your solicitor is employed to ensure a sound legal basis for the decisions you make and to prevent any difficulties or legal loopholes. You may wish to be advised on any special conditions attached to the sale of a property, or require particular legal advice following property searches.

• Transferring funds. When you have agreed to buy or sell a property, a deposit is arranged and the situation is described as ‘sale agreed’. This is the point at which you will engage a conveyancing solicitor, since the solicitor will handle the transfer of the deposit payment. Your solicitor will then agree a date to ‘close’ the sale, and this will be the date on which all documents are completed, the remainder of the monies are transferred and the keys to the property are handed over.

• Carrying out searches. As part of the process when you purchase a property, a number of searches are carried out regarding the local area. These will flag up any potential problems with your purchase, including any planning applications that have been made in the local area, and these will help to inform the decisions you make.

• Drawing up contracts. The drawing up of contracts is probably the most important task carried out by your solicitor, as this is how the transfer of ownership takes place. Contracts will be drawn up to reflect the mortgage offer, all conditions and terms and the exchange of deposit funds, and this will all be handed to the seller’s solicitor as the property purchase proceeds.

• Liaising with the Land Registry or Registry of Deeds. Depending on the sort of transaction you are carrying out, you will either need to transfer your documents with the Land Registry or the Registry of Deeds. Your solicitor will inform you of the correct system for your situation, and will ensure that all procedures are followed correctly.

Although most of the conveyancing process is standard, anomalies can occur at any stage. Your conveyancing solicitor is trained to notice any discrepancies as soon as they occur, and can deal with these promptly and professionally. If the property you are selling or buying is particularly complex or has covenants attached, this may complicate things further but you can be assured that the process is in good hands.

What happens if I don’t use a Conveyancing Solicitor?

A conveyancing solicitor is an expert in the conveyancing process, and this means that he or she will have experience of the potential problems that may arise and how to handle them. There are many difficulties with purchasing and selling property, and these include:

• Additional expenses. Buying and selling property is an expensive process, and unexpected costs that are added to the total can be an unpleasant surprise. An experienced conveyancing solicitor will ensure that you are fully informed of all of the costs that your sale or purchase will involve from the outset, and will advise on any issues that could adversely affect the final cost to you, such as problematic results from local searches.

• Lack of local knowledge. If you are relocating, it can be very helpful to use a local conveyancing solicitor who has experience of the local area and the estate agents you are using. Here at Irwin, Kilcullen & Co Solicitors, we have many years experience of conveyancing in Cork and we will be able to advise you on specific local issues that may affect your sale or purchase or could influence the resale value of your property.

• Mistakes. Mistakes made by you or your legal professional could be extremely costly and even result in the loss of your property if not resolved effectively. This is a very important reason to use an experienced conveyancing solicitor who understands the process and has plenty of experience, as well as insurance in case of any unusual circumstances.

• Changes in legislation. Property law is regularly updated, and an experienced conveyancing solicitor will be informed about all of the new legal processes and aware of all new and pending legislation. Since January 2019, for example, the conveyancing process has changed to a pre-contract investigation of title (PCIT) system, and your solicitor will handle this for you without adding extra stress to the process.

• Complicated situations. If your sale or purchase is not straightforward, for example if additional land is involved, you will need an experienced conveyancer to handle this smoothly. On occasion, contractual problems arise or title deeds may be lost or contested, which can cause great problems for an inexperienced conveyancer. A conveyancer who is familiar with the complexities of conveyancing law will be invaluable here.

Even if you are not bound to use a conveyancing solicitor – if you are not taking out a mortgage, for example – it is highly recommended that you do so when you are involved in any process involving conveyancing law. Errors can be very expensive to correct and will require legal expertise to resolve, and working with the experts from the outset can minimise your risk and ensure that your interests are protected.

Reduce Stress with an Experienced Conveyancing Solicitor

Here at Irwin, Kilcullen & Co Solicitors, we don’t want your property sale or purchase to take over your life. We will take you through the process with less stress, and we will help you to address all queries quickly and effectively to reduce the overall time taken to complete your sale or purchase. We will request various documents from you during the conveyancing process, including identification documents and historic information relating to your property or your financial situation. You may need to liaise with a financial advisor or mortgage advisor in order to ensure that your accounts and mortgage offer are in place, and we will work with you to ensure that all parties are fully informed every step of the way. Many property sales fall apart due to a breakdown in communications, and we pride ourselves on managing this process with skill and diplomacy throughout.

Find Conveyancing Solicitors in Cork

Whether you are looking to buy or sell a residential or commercial property, you can talk to our conveyancing law specialists at Irwin, Kilculllen & Co Solicitors. We will ensure that we protect your interests throughout the process and work closely with you to ensure great outcomes with less stress. Simply contact us online or call us today on +021 4270934 to see how we can help.