Personal injury witness help please

FarmerSmith

A few years ago my hubby witnessed a workplace accident where someone died. He has just received in the post a subpoena to the high court as a witness. It seems to be a personal injury claim by this persons spouse against his employer. (It's listed under the personal injuries section on the legal diary)

Now my husband has every sympathy for this person but he's currently in his last year of college as a mature student with final exams and projects due. We live a good few hours from Dublin.

How long could this case take? It's being heard on a Friday, there's no chance it will be done that day is there? If he misses his exams it will be next August before he can resit them.

ResearchWill

Why does your husband not contact the solicitor, for the plaintiff, explain his situation and ask what can be done. I am assuming if the case is listed for a Friday once it starts it will not take any longer than the day. Your husband is entitled to his reasonable witness expences.

While I understand your husbands issues they really are minor to what that widow and family are facing if worst comes to worst at least he can resist the exams.

FarmerSmith

He has tried contacting the solicitor however they're not answering their phones.

My husband has a job offer based on him passing these exams that we cannot afford for him to lose. So yes, to people looking from the outside, they're minor but to us they're major

ResearchWill

FarmerSmith wrote: »

He has tried contacting the solicitor however they're not answering their phones.

My husband has a job offer based on him passing these exams that we cannot afford for him to lose. So yes, to people looking from the outside, they're minor but to us they're major

Then write or email the solicitor, I find it very strange that a solicitor is not answering the phone. Does your husband have any exams on the day he is to attend court.

Please also reread my statment I said they are minor compared to the issues of the widow.

Procrastastudy

The college can also be approached to allow deferences of the exams. There's also no reason you can't sit outside the court with books and study on the train. While I can understand him not being available for a particular day due to an exam I'm sure he can be available for one of the days during the proceedings. (In case you're unaware the Four Courts are less than 15 minutes walk form Heuston.)

I realise it's major and he needs to get this job but it would be a pretty awful thing if the case was to turn on your husbands evidence or lack of.

FarmerSmith

Apologies, Will, I was distracted writing that last post and may have been a little abrupt.

Is it the situation where cases listed on Friday are typically one day cases? What happens if it doesn't get called on the Friday?

Enright

Agree, write but register the letter -

FarmerSmith

Thanks procrastinate.

He's e-mailing the solicitor today in the hope he gets a reply to that. He doesn't have an exam on the Friday but he does on the Monday which is why he's worried.

Without getting into details it's unlikely that the case is dependent on my husband.

repsol

FarmerSmith wrote: »

A few years ago my hubby witnessed a workplace accident where someone died. He has just received in the post a subpoena to the high court as a witness. It seems to be a personal injury claim by this persons spouse against his employer. (It's listed under the personal injuries section on the legal diary)

Now my husband has every sympathy for this person but he's currently in his last year of college as a mature student with final exams and projects due. We live a good few hours from Dublin.

How long could this case take? It's being heard on a Friday, there's no chance it will be done that day is there? If he misses his exams it will be next August before he can resit them.

If your husbands' evidence does not help or will weaken their case,they might decide that they don't want him.While it is hard on this widow,losing her husband,your family cannot have their livelihood jeopardized in order to attend a court case that is basically a compo claim.If they won't take no for an answer,get a letter from the doctor.

Procrastastudy

FarmerSmith wrote: »

Thanks procrastinate.

He's e-mailing the solicitor today in the hope he gets a reply to that. He doesn't have an exam on the Friday but he does on the Monday which is why he's worried.

Without getting into details it's unlikely that the case is dependent on my husband.

Work would understand surely? In fact if he's been subpoenaed they have to don't they?

Either way OP I hope you get it sorted and good luck. Good luck to your husband in his exams!

ResearchWill

FarmerSmith wrote: »

Apologies, Will, I was distracted writing that last post and may have been a little abrupt.

Is it the situation where cases listed on Friday are typically one day cases? What happens if it doesn't get called on the Friday?

That is why you need to contact the solicitor, many solicitors make arrangements to take witness out of turn, or in many cases agree that they can give say a few hours notice of when required.

Many things can happen if a case is not reached on the day, I'm not so sure of the current situation in the Dublin PI list. But any solicitor who is there a lot will be able to tell you the chances of getting reached. You really need to talk to the solicitor even if it means traveling to his office as only he can sort out the logistics of this matter. If your husband has no exams on the Friday then head up to the four courts meet solicitor explain issues and he will do what he can.

Kristopherus

Your hubby could play hardball with the solicitor, if the latter is not willing to accomodate him. He should write to the solicitor and explain that he is unavailable. Your hubby holds all the cards, and while this may sound harsh, his future must be given priority in this instance.

ResearchWill

repsol wrote: »

If your husbands' evidence does not help or will weaken their case,they might decide that they don't want him.While it is hard on this widow,losing her husband,your family cannot have their livelihood jeopardized in order to attend a court case that is basically a compo claim.If they won't take no for an answer,get a letter from the doctor.

You are advising the OP's husband to ask a doctor to lie to a court by writing a letter.

BTW to call a fatal injuries claim that may have been caused by the negligence of an employer a "basically a compo claim" is a tad insensitive.

Procrastastudy

repsol wrote: »

If your husbands' evidence does not help or will weaken their case,they might decide that they don't want him.While it is hard on this widow,losing her husband,your family cannot have their livelihood jeopardized in order to attend a court case that is basically a compo claim.If they won't take no for an answer,get a letter from the doctor.

I sincerely hope you're not snearing at taking a case against a company that though it's own negligence (if the case is successful) killed someone.

Procrastastudy

Kristopherus wrote: »

Your hubby could play hardball with the solicitor, if the latter is not willing to accomodate him. He should write to the solicitor and explain that he is unavailable. Your hubby holds all the cards, and while this may sound harsh, his future must be given priority in this instance.

You realise the solicitor doesn't dictate to the court when it can hear the case based on it not being suitable for one witness right? That other cases will also be going on.

ResearchWill

Kristopherus wrote: »

Your hubby could play hardball with the solicitor, if the latter is not willing to accomodate him. He should write to the solicitor and explain that he is unavailable. Your hubby holds all the cards, and while this may sound harsh, his future must be given priority in this instance.

Not turning up could cause some serious issues.

ResearchWill

FarmerSmith wrote: »

Thanks procrastinate.

He's e-mailing the solicitor today in the hope he gets a reply to that. He doesn't have an exam on the Friday but he does on the Monday which is why he's worried.

Without getting into details it's unlikely that the case is dependent on my husband.

Then turn up on the Friday, no party to a case will force your husband to give evidence when he has an exam. Take Friday as a day out in Dublin that's paid for. BTW you can I believe insist on expences up front.

Tom Young

Kristopherus wrote: »

Your hubby could play hardball with the solicitor, if the latter is not willing to accomodate him. He should write to the solicitor and explain that he is unavailable. Your hubby holds all the cards, and while this may sound harsh, his future must be given priority in this instance.

A summons takes priority over any diary entry, college course, dose of manflu, etc.

The about quoted text is wrong. Summons' must be taken seriously as the are punitive aspects associated with default relating to same.

Of course, civil matters will be dealt with differently to criminal.

OP: College isn't an excuse that cuts the mustard. Call, or call to the solicitor.

The courts don't sit at weekends.

The main issue here is that the evidence that your relative/spouse may have may be critical.

Kristopherus

Procrastastudy wrote: »

You realise the solicitor doesn't dictate to the court when it can hear the case based on it not being suitable for one witness right? That other cases will also be going on.

I do indeed. But in most cases court officials are sympathetic as well. There's also a good chance that the case will be settled on the day of the court, as quite a lot of them are. I realise this is a sensitive case, but a man's future should not have to be sacrificed either.

ResearchWill

Kristopherus wrote: »

I do indeed. But in most cases court officials are sympathetic as well. There's also a good chance that the case will be settled on the day of the court, as quite a lot of them are. I realise this is a sensitive case, but a man's future should not have to be sacrificed either.

And neither should the future of a family who has lost a father and husband. This can easily be sorted the OP's husband does not have an exam on the day the case is to start. So he has no excuse for that day. If the matter is going on the Monday then he can explain his issue and arrange for his evidence to be taken on the Tuesday. Courts do try hard to accommodate.

BTW OP bring evidence of exam, date time locations for all exams around the time of the case. I know this is a worry but it will be sorted.

repsol

ResearchWill wrote: »

You are advising the OP's husband to ask a doctor to lie to a court by writing a letter.

BTW to call a fatal injuries claim that may have been caused by the negligence of an employer a "basically a compo claim" is a tad insensitive.

It is a compo claim albeit a very serious one.What I mean is it is not a murder trial or other criminal matter, it is a civil case seeking to CLAIM COMPENSATION.The man in question is obviously very stressed so he would not be lying nor would any doctor who is entitled to take a patients word for it when writing a sick note.As for your point about "insensitivity",I am not speaking to the victims family am I.If you personally are that sensitive I think you should refrain from internet forums for your own sake.The OP wanted advice on how to get out of a difficult situation and I gave it.Your sensitivities will not help her situation.

Procrastastudy

repsol wrote: »

It is a compo claim albeit a very serious one.What I mean is it is not a murder trial or other criminal matter, it is a civil case seeking to CLAIM COMPENSATION.The man in question is obviously very stressed so he would not be lying nor would any doctor who is entitled to take a patients word for it when writing a sick note.As for your point about "insensitivity",I am not speaking to the victims family am I.If you personally are that sensitive I think you should refrain from internet forums for your own sake.The OP wanted advice on how to get out of a difficult situation and I gave it.Your sensitivities will not help her situation.

WOW just wow. I cant work out if you're being ironic or not.

Is it your view that someone stealing a car is more important than providing for a family that has lost someone?

I think your the one who should refrain from internet forums - for everyone's sake.

ResearchWill

repsol wrote: »

It is a compo claim albeit a very serious one.What I mean is it is not a murder trial or other criminal matter, it is a civil case seeking to CLAIM COMPENSATION.The man in question is obviously very stressed so he would not be lying nor would any doctor who is entitled to take a patients word for it when writing a sick note.As for your point about "insensitivity",I am not speaking to the victims family am I.If you personally are that sensitive I think you should refrain from internet forums for your own sake.The OP wanted advice on how to get out of a difficult situation and I gave it.Your sensitivities will not help her situation.

I'm not put out by what you say, but I believe what you said was insensitive simple. If you have a problem with my opinion maybe you should take your own advise. It is also not beyond the realms of possibility that a member of the family is on here.

BTW OP I just thought its bet unusual for a High Court matter to be started on a Monday if I remember correctly PI matters are usually heard Tuesday to Friday.

FarmerSmith

Thanks all. He has one exam on the Monday and then the next one is Thursday (the 20th).

He is going to go. Obviously he'd prefer not to but he will go. He just feels there really is nothing he can testify to that other people can't. He didn't even see the accident happen, was just there for the after affects.

sam34

repsol wrote: »

The man in question is obviously very stressed so he would not be lying nor would any doctor who is entitled to take a patients word for it when writing a sick note.

As a doctor, there is no way I'd write a sick note for someone in those circumstances. Someone would need to be very very unwell before they could be deemed unfit to attend court. There's a big difference between being genuinely too sick to go and it being inconvenient to go and I doubt any self-respecting doctor would submit a false sick note to a court.

repsol

Procrastastudy wrote: »

WOW just wow. I cant work out if you're being ironic or not.

Is it your view that someone stealing a car is more important than providing for a family that has lost someone?

I think your the one who should refrain from internet forums - for everyone's sake.

Not my view.Its the courts view.They will issue a bench warrant if you fail to turn up for a criminal case.They will not issue one for a civil case.Its no different to doing jury service.Apart from those who want to do it because they have an interest,nobody with an ounce of sense sits on a jury and puts themselves in a position where they could be selected for a major trial that could last months.Imagine a self employed person losing their income for that long.Juries are for pensioners,unemployed and idiots who don't know how to play the game.

Procrastastudy

repsol wrote: »

Not my view.Its the courts view.They will issue a bench warrant if you fail to turn up for a criminal case.They will not issue one for a civil case.Its no different to doing jury service.Apart from those who want to do it because they have an interest,nobody with an ounce of sense sits on a jury and puts themselves in a position where they could be selected for a major trial that could last months.Imagine a self employed person losing their income for that long.Juries are for pensioners,unemployed and idiots who don't know how to play the game.

Sorry no more feeding for you.

DeSourire

Unless the case is "specially fixed" there is no guarantee that the case will actually go ahead on that friday as there may be cases listed ahead of it. if that is the case and it doesn't get heard on Friday it will be dropped from the list and the Plaintiff's solicitor will have to reapply for a new hearing date so your husband would be free on the following Monday.

It depends on the judge but some, in my experience, can be quite accommodating for legitimate reasons. The Plaintiff solicitor may also have other "witnesses as to fact" that he may wish to call therefore a schedule may be put in place to best suit all witnesses. I find it surprising that your husband received a subpoena without any prior communication as it is generally treated as a last resort when a witness does not cooperate so I think it would be best to get in touch with the solicitor, albeit as difficult as it is, and hopefully they will cooperate with you.

Best of luck

ResearchWill

repsol wrote: »

Not my view.Its the courts view.They will issue a bench warrant if you fail to turn up for a criminal case.They will not issue one for a civil case.Its no different to doing jury service.Apart from those who want to do it because they have an interest,nobody with an ounce of sense sits on a jury and puts themselves in a position where they could be selected for a major trial that could last months.Imagine a self employed person losing their income for that long.Juries are for pensioners,unemployed and idiots who don't know how to play the game.

I may be wrong but in a civil case if a summons is issues and a witness refuses to turn up I believe a bench warrent will be issued.

Manach

Offhand and in general, there is an act that allows video-link evidence in certain criminal circumstances at the Judges discretion. Could this be used in such cases?

Pat Mustard

FarmerSmith wrote: »

Thanks all. He has one exam on the Monday and then the next one is Thursday (the 20th).

He is going to go. Obviously he'd prefer not to but he will go. He just feels there really is nothing he can testify to that other people can't. He didn't even see the accident happen, was just there for the after affects.

I can almost guarantee you that if this case is coming up for hearing, the plaintiff's solicitor is contactable, but perhaps not directly. He is probably up to his eyeballs in work and unable to return all calls. It is probable that that his secretary is able to contact him.

Your husband needs to contact the solicitor (or his secretary) and get the following points across:

1. He did not witness the accident.
2. There are others who can testify to the aftermath of the accident.
3. He has a very important exam which conflicts with the case.
4. He will be extremely inconvenienced at having to attend.
5. He lives far away from Dublin and will have expenses if he must attend.

If he explains the above and the extent of his difficulty, perhaps the plaintiff's solicitor will concede that he is not required, especially if there are other witnesses to the same facts.

If there is no response, he (or you) should push the matter with the solicitor and/or his secretary until an appropriate response is received.

Procrastastudy

FarmerSmith wrote: »

A few years ago my hubby witnessed a workplace accident where someone died.

The Mustard wrote: »

1. He did not witness the accident.

What did I miss?

Pat Mustard

Procrastastudy wrote: »

What did I miss?

This.

FarmerSmith wrote: »

Thanks all. He has one exam on the Monday and then the next one is Thursday (the 20th).

He is going to go. Obviously he'd prefer not to but he will go. He just feels there really is nothing he can testify to that other people can't. He didn't even see the accident happen, was just there for the after affects.

Procrastastudy

Okay fair enough, but it's not that he didn't witness the accident full stop - there my very well be evidence or corroboration he can give. I know it's a hassle but under the circumstances I really don't think it's something people should be trying to get out of unless absolutely necessary.

While not directed at the OP in any way there has been some exceptionally selfish sentiments expressed in this thread - I'm just hoping yours wasn't one of them.

Pat Mustard

Procrastastudy wrote: »

Okay fair enough, but it's not that he didn't witness the accident full stop - there my very well be evidence or corroboration he can give. I know it's a hassle but under the circumstances I really don't think it's something people should be trying to get out of unless absolutely necessary.

Yes, but the reason that I made my suggestion was not so the the OP's husband could dodge an obligation. The reason was that there is a possibility that his evidence may be superfluous. After all, the OP stated that there are other witnesses who can testify to the same facts.

I would suggest that if the OP's husband was a vital witness in the case, that the plaintiff's solicitor would have been in contact with him already, in order to speak to him about the evidence that he can give. Perhaps it is the case that the solicitor is simply following advice on proofs to the letter, not having eliminated witnesses who may not be required.

Further, the fact that the solicitor has not responded further suggests a possibility that the OP's husband might not be a vital witness in the case.

If the OP's husband contacts the plaintiff's solicitor and makes the various points that I suggested previously, only to be told that he is a vital witness in the case after all, at least the matter will have been clarified.

FarmerSmith

Hi all,

After all the brilliant advice I just wanted to update. The solicitor called my husband today and told him he was excused from his subpoena. The impression he got was that the case has been settled.

So thanks again for all the advice.

ResearchWill

FarmerSmith wrote: »

Hi all,

After all the brilliant advice I just wanted to update. The solicitor called my husband today and told him he was excused from his subpoena. The impression he got was that the case has been settled.

So thanks again for all the advice.

Great news, hope your husband does well in exams. If the matter was in middle of settling it explains why solicitor had not been back in contact before today.