April 2016

Personal Injury Solicitors Donegal

How strong is your claim for compensation?

Personal Injury Solicitors Donegal
How strong is your claim for compensati

There is no such thing as a claim for compensation that is guaranteed to be successful. Every claim for compensation presents a degree of risk.

However, if you have been injured and if it can be shown that it was someone else’s fault then there is a good chance that you are entitled to claim for compensation for your injuries and other losses.

Even where you were partially to blame yourself for your injuries, you can still be successful in taking a claim for compensation for your injuries as long as it can be shown that someone else is partially to blame. in such cases, your award would be reduced by the percentage to which you are held to be responsible for the accident yourself.

In our experience, to have a claim for compensation worth pursuing, you need the following:

  1. To have been injured though the fault of another party (even partially)
  2. To be able to prove that another party is responsible
  3. For the responsible party to be a ‘mark’ – i.e. to have means, whether its an insurance policy or own personal means. there is no point taking a case against someone who does not have the means to pay the award or your legal costs.

The circumstances around every accident are different and therefore there is ‘no one size fits all’ advice that can be applied.

This is where your personal injury* specialist can help you. A specialist personal injury* solicitor deals with hundreds of such cases and can  give you a good indication as to whether your claim is worth pursuing or not after a consultation with you and some initial investigation into the person/company who caused the accident. Your personal injury solicitor can ascertain if its possible to link the injuries to the person who caused the accident and whether that person has means/insurance and is worth suing.

Most personal injury* specialists will do this initial work for free to ascertain the strength of your case. If they agree to run your case on a ‘no win no fee basis’ ( meaning they only get paid if you win,  including settling)  this is a good indication that they feel your case is worth running. A ‘no win no fee’ solicitor will not take on a case that he/she doesn’t think has a decent prospect of success.


Written by Etain Boyce, Litigaiton Partner, Boyce Kelly Solicitors. 29/04/16

Etain is a very experienced solicitor and mediator who specialises in taking Personal Injury* cases for people who have been injured in accidents such as road traffic accidents*, accidents in a public place*, accidents at work*, accidents abroad* and bullying and harrasSment cases*. You can contact Etain for an expert assessment of your case on  0749890190 or info@boycekelly.ie in strictest confidence.


In irish law, in contentious business, a solicitor may not calculate fees as a percentage of an award or settlement.


BoyceKelly Solicitors Donegal Personal Insolvency Practitioner

Facing repossession ? Help is now at hand


BoyceKelly Solicitors Donegal Conveyancing
Get free legal advice on repossession





The Minister for Justice has announced a free legal aid scheme to assist anyone who is facing repossession (or the threat of it) from their lender as a result of mortgage arrears on their family home.

More details about the scheme have now emerged and training has now been undertaken by us and the other lawyers who wish to participate in providing the various services which are to be made available.

Three main services are to be provided:

  1. A legally aided consultation scheme is to be set up. This will involve MABS assessing the person’s individual circumstances in the first instance and in helping them fill out the necessary financial statements and to refer them to a legally aided Personal Insolvency Practitioner, where appropriate. Where legal advice is needed, a voucher will be issued by MABS to the person to allow them to contact a solicitor on the panel to obtain free legal advice on their circumstances. We have been told by the Legal Aid Board that follow up consultations can be provided for if necessary.
  2. A ‘duty solicitor’ is to be present at each court sitting to assist those unrepresented/representing themselves. Again this service is to be paid for by Legal Aid.
  3. Finally, where a person enters into an insolvency arrangement with a personal insolvency arrangement but the Bank veto’s the arrangement, legal aid will now be provided to the person to allow them to appeal the veto by the Bank to the court. This will result in many more insolvency arrangements being put in place and will ultimately result in many more families remaining in their family homes with manageable repayments on their mortgages.
  4. it is hoped that the legal aid scheme will be up and running in the short term. MABS now have a dedicated mortgage arrears adviser who will assist any person facing repossession and arrange the appropriate free help from a Personal Insolvency Practitioner or Solicitor.
  5. Unfortunately, the current scheme does not appear to provide legal aid for the repossession action itself nor does it deal with  bankruptcy applications which will undoubtedly be required but it is certainly a good starting point and the hope is that the scheme will be enlarged as it develops.
  6. We would advise anyone who has received a letter threatening repossession or who has had proceedings issued against them to make contact with their local MABS office to speak to the dedicated mortgage arrears adviser (DMABS) or to contact ourselves and we can make contact with MABS on their behalf.   

You can read more about MABS services here : http://www.keepingyourhome.ie or contact Etain Boyce on 0749890190 or info@boycekelly.ie for a free, confidential and empathetic discussion about your situation.