Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 2 years for a claim under the Liability for Defective Products Act; 6 years for breach of contract; 2 years for negligence resulting in personal injury. Two or more of these periods are coming to an end. This is a crisis for victims who have not issued proceedings.
What are the actual relevant dates from which time is running?
For negligence claims the date is the date the woman received a letter from the clinic informing her she had PIP breast implants. For breach of contract claims the date is the day of the operation fitting the implants.
1. I have been injured; will the person who injured me, or his/her insurance company, hasten to fully compensate me? No, they will not. This is human nature and also implied in the social arrangements under which we live. 2. Will the Injuries Board ensure that my interests are fully looked after? No, it will not. It has a limited focus. It only addresses one question; the level of compensation the injured person ought to get. It does little to […]
This means that confusion as to who is or is not an employee need not deprive an injured person from securing proper compensation when injured in a workplace.
What a pity the court failed to make clear whether the Plaintiff had made an error by applying to the Personal Injuries Assessment Board for an authorisation to issue proceedings against the Defendant or not.
The Irish State has a very poor record in defending the constitutional right to compensation for personal injury.
Even if the SMDF is not insolvent, it is possibly suggesting that it will not pay out on some at least of valid claims against solicitor members of the SMDF. Why do the members not top-up the “mutual fund” that is the SMDF, to meet those claims? On the figures provided by the SMDF, this would cost the members approximately €1000 per year. According to the Council of the Law Society, the prospects of them agreeing to this are “slim”, but they have not been tested.
Consider; the Council shows no sign of devoting energy to meeting the challenge of the IMF/ECB bailout terms; instead it is navel gazing at a failed project of the past.
To find out what the Law Society may do in relation to PI insurance for solicitors, just read Section 26 of the Solicitors (Amendment) Act 1984;