Claimant and Broken Teeth

lawsedwa

This is my first ever post on this forum! I am seeking advice and experience.

I am a young legal academic (PhD student) and I have never practiced as a solicitor - with my work experience being in the North. Basically, I have been contacted by a close friend who had his teeth damaged last week.

It is my understanding that injury claims in the Republic have to go through the injury board?
So I sent them an email:

'I am writing regarding an unfortunate event that happened last week to ***********. The incident occurred at a secondary school where a group of people (not attending the school) leased out the sports hall after hours (9pm-10pm) where I sustained a blow to the head by a football from another person leasing the hall (which another person brought with them as no football was provided). The resulting blow caused severe dental trauma. Two upper front teeth (UR2 and UR3) were broken whilst three bottom front teeth have been moved considerably.

The claimant immediately attended A&E, where they were unable to do anything and followed up by an appointment with a dentist the next day. He needs severe reconstructive work to fix the teeth and orthodontic treatment to fix those on the lower jaw. I have a letter from A&E, will be getting one from the dentist attended and there are a number of eye witnesses. There were no medical kit provided nor any disclaimers signed.

I am wondering if there are grounds to substantiate a personal injury claim to cover the costs of dental treatment; the resulting pain and suffering.

Can you please advise appropriately and I look forward from hearing from you.

****** ******* LL.B(HONS), LL.M, PhD Candidate'


This is not my forte per se, and I would greatly appreciate it if anyone has any ideas or experience with this?

Pro Hoc Vice

The injuries board can not advise you or your friend in relation to success or otherwise of a claim. Your friend has two options, 1 download the claim form from the injuries board, get a medical report and lodge claim, sit back and await result. The second option is to engage a solicitor to do the claim and if necessary take a claim to court.

Not giving advice but liability may be a issue. Will need to show negligence on behalf of the school, the person who arranged the event and or the person who kicked the ball.

Bepolite

I'm not sure how reconstructive work would be sereve. Beyond commenting on your writing style it would be very unwise to comment on the issue. Frankly, although you admit a lack of experience, you should have realised at the LL.B stage let alone the LL.M one should not be giving advice without the appropriate training and insurance.

If the friend can not afford a solicitor then run it by FLAC, that said there will be a fair few 'no foal, no fee' solicitors to choose from if there are any grounds for a claim.

lawsedwa

Bepolite wrote: »

I'm not sure how reconstructive work would be sereve. Beyond commenting on your writing style it would be very unwise to comment on the issue. Frankly, although you admit a lack of experience, you should have realised at the LL.B stage let alone the LL.M one should not be giving advice without the appropriate training and insurance.

If the friend can not afford a solicitor then run it by FLAC, that said there will be a fair few 'no foal, no fee' solicitors to choose from if there are any grounds for a claim.

@Bepolite

I don't think it's writing style, rather spelling and syntax? That's what I get for writing an email when very tired and on the train. It is not my intention to provide de jure representation, rather to get him on the right track.

Bepolite

lawsedwa wrote: »

@Bepolite

I don't think it's writing style, rather spelling and syntax? That's what I get for writing an email when very tired and on the train. It is not my intention to provide de jure representation, rather to get him on the right track.

As indicated I'd very quickly point him in the direction of FLAC or a solicitor. PIAB doesn't require representation but, and this is just my advice, I wouldn't even get involved at that stage.

Just my 2 cents. I wish you the best of luck.

johnnyskeleton

lawsedwa wrote: »

@Bepolite

I don't think it's writing style, rather spelling and syntax? That's what I get for writing an email when very tired and on the train. It is not my intention to provide de jure representation, rather to get him on the right track.

It's a natural human desire to help your friend. It's also the case that many people assume that a law student is the same as a lawyer or that a medical student can diagnose their symptoms.

However, as others have pointed out if you don't know what you're doing it would be better to stay out of it. Your friend can either get a solicitor who does personal injuries work to do his case, or he can do it himself through PIAB. You've already given him a good steer by sending him to the injuries board, now let things take their course.

kennM

As alluded to already negligence needs to be proven... be it hall provider, striker of the ball, organiser, etc. Its also not clear from the description, was your friend taking part in the football or was he in the hall when it was leased to the second group?

(Not a legal professional myself... just gone through the process). As far as I recall you need to identify a respondent that the injured party has identified as negligent in that regard.

Sympathies to your friend... know what he's going through but it doesn't sound like a straight forward one...