Ireland: Solicitors should be 'more selective' about personal injury clients - judge dismisses €300k whiplash claims - PressFrom - United Kingdom
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IrelandSolicitors should be 'more selective' about personal injury clients - judge dismisses €300k whiplash claims

16:25  10 july  2019
16:25  10 july  2019 Source:   independent.ie

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Whiplash is caused by a sudden jolt of your neck which causes damage to the ligaments. The most important priority is your own health and safety. No matter how minor in the injury may feel it is You should note that no solicitor / client relationship or duty of care or liability of any nature shall exist or

Sheldon Davidson Solicitors are personal injury specialists. We can help you claim compensation If you are looking for a personal injury solicitor in Manchester, Sheldon Davidson Solicitors ’ We believe that no-one should have to suffer a personal injury as a result of someone else’s negligence

Solicitors should be 'more selective' about personal injury clients - judge dismisses €300k whiplash claims Judge Jacqueline Linnane. Photo: CourtPix

Solicitors who handle what eventually turn out to be set-up accidents may be contributing to fraudulent personal injury claims, a judge said Wednesday in what is the strongest criticism yet by the judiciary of some members of the legal profession.

“Perhaps some solicitors should be a bit more selective about who they take on,” Judge Jacqueline Linnane stated in the Circuit Civil Court when dismissing five fraudulent damages claims for up to €300,000 by London members of the travelling community allegedly on a sight-seeing tour of Dublin.

The judge directed that all of the documented evidence brought together in five files by legal and investigative staff of RSA Insurance Ireland, who carried out a major investigation into the claims, be forwarded to the Director of Public Prosecutions.

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Hudgell Solicitors ™ | Personal Injury Claims . We were pleased that they were willing to accept Road traffic accident personal injury claims are often for minor injuries such as whiplash , but can also be more If your personal injury claim is unsuccessful, there will be absolutely no cost to you

Thompsons has more experience of winning personal injury claims than any other UK law firm. If you've been involved in an accident, talk to our expert personal injury Gerard Stilliard, head of personal injury at Thompsons Solicitors , explains the process of making a personal injury claim .

Judge Linnane also suggested that RSA Insurance should consider contacting the Incorporated Law Society.  She said none of these cases would proceed to court unless solicitors agreed to act in them and she felt that some committee within the Law Society might be concerned about it.

“Maybe fuller inquiries should be made by solicitors before they take on these cases but I will leave it to RSA whether they wish to instruct their legal representatives to bring it to the attention of the Law Society,” Judge Linnane told barrister Moira Flahive, counsel for the insurance firm.

Solicitors should be 'more selective' about personal injury clients - judge dismisses €300k whiplash claims © Getty

Judge Linnane said P. Tiernan and Company, of 9 Crowe Street, Dundalk, Co Louth, solicitors for the five claimants, had not turned up in court for the application by RSA to have all of the cases dismissed but had only on Tuesday evening phoned a barrister to appear without explicit instructions or papers.

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Personal Injury Solicitors only offer No Win No Fee agreements to their clients when they have a good certainty that they are going to win the case and therefore earn their fees and costs. If they lose then they risk having to write off the time and costs involved in the case. Often cases for personal

Tracey Solicitors are experienced personal injury claims Solicitors * based in Dublin, Ireland. You should note that no solicitor / client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Tracey Solicitors and you until you have received a written letter of

She said RSA’s applications had not been challenged in what were undisputed fraudulent claims.

Joseph Stokes, a 22-year-old gardener; John O’Donnell (33) and Melissa McDonagh (26), all of 27 Lynton Close, London; John Christopher McDonagh, aged 26 of 5 Lynton Close and Bridget Mongan, aged 31, of 15 Waterford Way, Dollis Hill, London, had all claimed €60,000 each in relation to alleged whiplash injuries they claimed to have suffered in an accident in May 2015 near Sutton Road, Howth, Dublin.

Judge Linnane said that from the affidavit of Mr Culleton it was clear the accident and other accidents and people closely associated with the plaintiffs were part of a sustained pattern of organised insurance fraud.

Robert Marsland, Church View, Knockagorna, Omeath, Co Louth, owner and driver of the second car involved in the May 2015 accident was also named as a defendant in the five cases before the court but did not appear.

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1 Claiming compensation. 2 Personal injury claims - dos and don'ts. 3 What your solicitor needs from Although personal injury law is complicated, with the help of a personal injury solicitor the Once you have explained the circumstances of your injury in detail, your solicitor will be able to judge

Articles about Personal Injuries . Most injury claims in Ireland are assessed on the extent of your injuries , the ongoing level of All injury claims in Ireland should be handled with compassion It is essential that you seek medical treatment prior to making “ Whiplash Injury Claims ” in Ireland, as often the symptoms of such an injury are slow to manifest and you could inadvertently aggravate the injury .

Ms Flahive said Mr Marsland was a named driver on a motor policy which expired just over two weeks after the Howth accident. Ownership of the car he was driving at the time had been transferred into his name only one day before the accident and indemnity by the insurance company had been declined.

She said Mr Culleton’s affidavit revealed that Mr Marsland had denied having been involved in any other accidents but this had turned out to be untrue as he had been involved in accidents in January 2015 and 19th July 2014.

Judge Linnane said fraud was a fact in the case and had not been denied. She said the five plaintiffs had stated they had been on a sight-seeing trip to Dublin. It was clear they had travelled from London to stage the accident in Dublin.

Solicitors should be 'more selective' about personal injury clients - judge dismisses €300k whiplash claims © Getty The judge said that media reports about set-up claims were sometimes followed by criticism in newspaper articles about solicitors contributing to this and perhaps some solicitors should be a bit more selective about who they take on, because maybe they were contributing to this sort of fraud.

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Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit, or "plaintiff," has suffered harm to his or her body or mind.

Beardsells Personal Injury Solicitors have been helping victims of accidents and injuries across Personal Injury Specialists Since 1984. We make the full use of technology to provide clients with You are far more likely to succeed in court if one of our experienced solicitors is representing you.

Judge Linnane said some solicitors did not even say in correspondence that they had tried to contact their client without success or had been unable to get instructions from their clients.

Ms Flahive said there had been enormous costs involved in RSA’s investigation into the accident and the background relating to other people and other accidents and she applied for a costs order against all of the plaintiffs which was granted.

The judge dismissed all of the claims and directed that the papers in all of the cases be sent to the DPP. Ms Flahive said she had not received any instructions with regard to reporting the matter to the Law Society but would discuss it with the insurance company.

None of the claimants or Robert Marsland appeared in court.

The Irish Independent has contacted P. Tiernan & Company for comment.

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