SPELMAN CALLAGHAN SOLICITORS | Clondalkin

About Us

Spelman Callaghan Solicitors are located in Ballymun, Clondalkin and Finglas. Our Services include Personal Injury Claims, Property , Family Law, Wills and Probate.
Spelman Callaghan Solicitors offer services for all legal matters in relation to personal injury , workplace accidents, unfair dismissal , medical negligence and road traffic accidents . We have a track record of getting the best possible results for our clients. We also offer legal services for Property conveyancing, Family Law , Wills and Probate.

Types of Claims
Traffic Accident
Accidents on the roads, whether you are a pedestrian, a driver, a passenger or a cyclist.

Accidents on Public Property
Any type of accident or injury in a public place.

Slips and Trips
Any slips of falls. These may be on a public street, in a shop or any other premises.

Work Accidents
Injuries you sustain whilst at work – eg on a building site, stress at a desk job or any other injuries whilst in employment.

Holiday Mishaps
Injuries whilst abroad or whilst holidaying in Ireland

Asbestos Exposure
Injuries caused by exposure to Asbestos

Medical Negligence
Injuries caused by the professional negligence of any medical staff in a hospital, clinic, surgery, dentists or elsewhere

Unfair Dismissal
Claims for compensation when you have been unfairly dismissed from your employment


Civil Procedures
There are various types of civil claims that you may take to court. We are concerned with cases involving accidental injury. Many cases do not get to court because they are settled in advance. If your case does go to court and you are unhappy with the outcome, you can appeal the decision.

Time Limits for Actions
Under the Civil Liability & Courts Act 2004 a personal injuries claim must be commenced within two years from 31st March 2005. It is important to note that you cannot pursue a personal injuries action throuth the courts without first submitting your claim to the Personal Injuries Assessment Board.

Types of courts?
If you have been injured in an accident, the value of your case will be assessed by your solicitors by considering doctors’ reports about the extent of your injuries and what may happen in the future. .
The seriousness of your injury will decide whether your case is heard in the District Court, the Circuit Court or the High Court.

The District Court has power to award up to approx €6,500 euro in damages. The Circuit Court has power to award up to approx €38,000 in damages. The High Court has unlimited power to award damages.

General Rules for Proving Fault in Accidents
If you are injured through the carelessness or neglect of another person then that person is liable to pay you damages for the injury you have suffered.

Determining Liability
Liability revolves around the simple fact that most accidents happen because someone was careless — or “negligent.”
Legal liability for almost all accidents is determined by this rule, and by one or more of the following simple ideas:

If a negligent person causes an accident while working for someone else, the employer will usually be responsible for the accident.
If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable.
If an accident is caused by a defective product, the manufacturer and seller of the product may both liable.
If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was responsible for the accident. This is known as contributory negligence.
If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property.
What exactly is negligence

The law of negligence governs the responsibility of persons for injuries suffered in accidents by others. To establish negligence, three key features must exist (1) a duty of care must exist between the person injured and the person responsible for that injury; (2) conduct of the defendant fell short of that duty of care; and (3) The failure to take adequate care must result in a loss or injury.

Injuries Board (Formally PIAB)

The injurious board was established in 2004 by the government under an act which provides that all claims involving an injury must be submitted to the board for assessment.

The assessment is made on the basis of documents sent by us to the board. The documents will include at least one medical report and a statement of your out of pocket expenses.

There is no obligation on the negligent party to engage in the assessment process and the assessment itself is not binding on either party.

If either party rejects the assessment the case proceeds in the normal way leading to a settlement after negotiation or a hearing in court if it has not been possible to set.