When an Authorisation issues from the Injuries Board we will assemble the necessary Statements and Reports such as Medical, Engineers, Garda Abstract Reports and we will prepare a Brief for Counsel (A Barrister) to draft the legal proceedings and arrange for a consultation with you, Counsel and a member of our experienced Litigation team.

When the proceedings are prepared, we will then stamp, issue and serve them on the Defendant or the Solicitors nominated by the insurance company to accept service. The Defendant’s Solicitors then serve a ‘Notice for Particulars’ on us which are a series of questions requesting further information regarding your claim.

We then take your instructions for the replies and serve replies to the Notice for Particulars on the Defendant or the Defendant’s Solicitors.

The Defendant’s Solicitors then file their Defence indicating whether the Defendant accepts or denies liability.

In some cases, it may be necessary for us to issue certain Motions compelling the Defendants Solicitors to take certain steps for example, to file their Defence or to produce certain relevant documents. Throughout the course of the case we will obtain updated medical reports as required. You should keep a note of all of your medical expenses and any other expenses reasonably and necessarily incurred relating to your claim. It is standard practice in all cases, for the Defendant/ Defendant’s insurance company to request that you attend a doctor(s) from their own panel of medical practitioners.

When the paperwork has been compiled we instruct Counsel to prepare an ‘Advice on Proofs’ which is a summary of the further steps to be taken prior to the trial and identifies the witnesses required. In some cases, a ‘Settlement Meeting’ takes place before the case is set down for trial and you, your legal Advisors, the Defendant and his/her legal Advisors will be in attendance. If the case does not settle, we arrange for it to be set down for trial. We will then arrange for a Pre-Trial Consultation with you to go through the court procedure.

Going to Court

In Circuit Court cases, you will be represented by your Counsel and one of the members of McMahon Goldrick Solicitors experienced Litigation Team. In High Court cases, you will be represented by Senior Counsel, Junior Counsel as well as one of the members of McMahon Goldrick Solicitors experienced Litigation Team.

Your Counsel will lead you through your evidence in Court. When this has been completed, the Defendant’s Counsel will cross examine your evidence. The Judge may also have some questions. After completion of your evidence, the evidence of any other witnesses will be taken in the same way.

When all witnesses have been heard, Counsel for each side will make any relevant points noted to the Court and the Judge will make his/her decision. The case may be adjourned on occasion to allow the Judge time to make his/her decision. When the Judge delivers a decision, if he/she decides in your favour, he/she will make an award of damages as compensation.

Appeals

Either party may Appeal the Decision of the Court. An Appeal can be brought against the Judgement on Liability (whether the Defendant was to blame) or on the amount of the Award. There are strict timeframes and procedures for Appeals.

Child Plaintiffs

In law, persons under the age of 18 years old are known as Minors or Infants and they may not bring proceedings in their own name. They must be represented by a ‘next friend’, which is usually one of the child’s parents. Any compensation awarded to a minor is lodged into the court bank account and becomes payable to the minor together with interest when he or she reaches the age of 18 years. Any settlement of a case involving a minor/infant must be approved by the Court.

McMahon Goldrick Solicitors have acted on behalf of many Minors/Infants and secured fair compensation on their behalf.