Personal Injuries Summons

femur61

I am thinking about going to my solicitor to request a Personal Injuries Summons for the wrongful death of a family member by a hospital. It's coming up to two years that is the legal timeframe one can sue for wrongful death. I want to extend it by a year.

Before I approach my solicitor does anyone have any idea of the cost? I think it needs to be issued to the High Court by a solicitor. I would like to have an idea of the cost before I approach him in case I get sidelined into doing something I don't want to do.

whomitconcerns

Talk to a solicitor.... Unfortunately, how long is a piece of string...

hullaballoo

I think you probably mean railroaded rather than sidelined but neither are what any solicitor should be doing with clients. The client is the boss and makes the decisions. Solicitor and counsel are just advisers. Sometimes it's necessary to be adamant in your advice but never is it allowable to sideline or railroad your client.

femur61

I was on the Cort Fees website and it doesn't look too expensive and I assume their time will have to factored in. Looks like a couple of hundred euro only.

NUTLEY BOY

You are talking about a medical negligence action.
They are expensive and very complex to prepare as there is a lot of work involved. You would be likely talking about thousands not hundreds.
You need to get a quote from a few solicitors as well as a brief outline of what work is actually needed (a section 68 letter).
Time is running against you so you need to move promptly.

splinter65

femur61 wrote: »

I am thinking about going to my solicitor to request a Personal Injuries Summons for the wrongful death of a family member by a hospital. It's coming up to two years that is the legal timeframe one can sue for wrongful death. I want to extend it by a year.

Before I approach my solicitor does anyone have any idea of the cost? I think it needs to be issued to the High Court by a solicitor. I would like to have an idea of the cost before I approach him in case I get sidelined into doing something I don't want to do.

Femur I’m sorry for your loss. Before you start to go down the very stressful and very expensive legal route, have you tried to arrange a meeting with the healthcare workers who were directly responsible for your family member when he or she died? They might be able to answer some of your questions. Did you make a formal complaint? Why do you think you need to go down a legal route?

femur61

splinter65 wrote: »

Femur I’m sorry for your loss. Before you start to go down the very stressful and very expensive legal route, have you tried to arrange a meeting with the healthcare workers who were directly responsible for your family member when he or she died? They might be able to answer some of your questions. Did you make a formal complaint? Why do you think you need to go down a legal route?

Thank you for your answer, but I'm only asking a question about the cost of a personal injuries summons if a solicitor files it.

4ensic15

If it is a medical negligence action, you will need a report from a medical practitioner stating that the cause of death was negligence, before a solicitor will endorse a summons. That will have to be paid up front.

splinter65

femur61 wrote: »

Thank you for your answer, but I'm only asking a question about the cost of a personal injuries summons if a solicitor files it.

Ok. The Personal Injuries Assesment Board doesn’t deal with deaths or injuries arising from medical negligence so a solicitor will not take you on in your case.

4ensic15

splinter65 wrote: »

Ok. The Personal Injuries Assesment Board doesn’t deal with deaths or injuries arising from medical negligence so a solicitor will not take you on in your case.

What has the fact that there is no PIAB application got to do with anything?

nuac

Mod
Femur 61,
You started a thread here last June "Medical Negligence - Investigation",
You get some replies on it outlining the difficulties of a medical negligence action,
To avoid duplication I propose joining these two threads.
Sympathies on the death of your child. A heavy blow for a parent

splinter65

4ensic15 wrote: »

What has the fact that there is no PIAB application got to do with anything?

OP keeps mentioning personal injuries and I have a feeling that he or she expects that the PIAB may have a role to play here. They won’t and I’m just pointing that out. Of course I may have got the wrong idea, but what harm?

4ensic15

splinter65 wrote: »

OP keeps mentioning personal injuries and I have a feeling that he or she expects that the PIAB may have a role to play here. They won’t and I’m just pointing that out. Of course I may have got the wrong idea, but what harm?

You said a solicitor wouldn't deal with it. Why not?

splinter65

4ensic15 wrote: »

You said a solicitor wouldn't deal with it. Why not?

Solicitors deal with your PIAB claim. As PIAB don’t deal with deaths resulting from medical negligence then if you want to go down the PIAB route then a solicitor will tell you that, and refuse you.

4ensic15

splinter65 wrote: »

Solicitors deal with your PIAB claim. As PIAB don’t deal with deaths resulting from medical negligence then if you want to go down the PIAB route then a solicitor will tell you that, and refuse you.

Solicitors also deal with negligence claims. Why would a solicitor refuse to deal with a negligence claim just because it does not go to PIAB first? What happened before PIAB started?

splinter65

4ensic15 wrote: »

Solicitors also deal with negligence claims. Why would a solicitor refuse to deal with a negligence claim just because it does not go to PIAB first? What happened before PIAB started?

But I never said that the solicitor wouldn’t deal with her negligence claim.

4ensic15

splinter65 wrote: »

But I never said that the solicitor wouldn’t deal with her negligence claim.

Are you saying a personal injuries claim is not a negligence claim?

splinter65

4ensic15 wrote: »

Are you saying a personal injuries claim is not a negligence claim?

I’m saying that PIAB (the personal injuries assesment board) don’t deal with claims regarding deaths caused by medical negligence.

4ensic15

splinter65 wrote: »

I’m saying that PIAB (the personal injuries assesment board) don’t deal with claims regarding deaths caused by medical negligence.

Who said they did? You said a solicitor would deal with the o/p. Why not? They o/p can simply proceed directly to the court. Why would a solicitor not process the case just because it didn't go to PIAB previously?

splinter65

4ensic15 wrote: »

Who said they did? You said a solicitor would deal with the o/p. Why not? They o/p can simply proceed directly to the court. Why would a solicitor not process the case just because it didn't go to PIAB previously?

You’re going round and round and round in circles. You’re making an argument out of nothing. It’s so pointless. Just leave it.

4ensic15

splinter65 wrote: »

You’re going round and round and round in circles. You’re making an argument out of nothing. It’s so pointless. Just leave it.

I asked you why you said a solicitor wouldn't deal with a claim. You haven't answered it. You are going around in circles talking nonsense. If you confined yourself to posting things which are correct none of this would be happening. You are potentially misleading other posters so it is not pointless.

nuac

Mod
OK. Could we move on please

nuac

Mod
Closed as same poster has already opened a thread on same topic last June

Old Rudge

femur61 wrote: »

I was on the Cort Fees website and it doesn't look too expensive and I assume their time will have to factored in. Looks like a couple of hundred euro only.

OP sorry for your loss.

My baby boy died due to medical negligence almost 2 years ago. I understand completely your need for answers and justice.

A legal fight will require a lot of energy; only you know if you have it and if it's the right thing for you and your family.

I've used a mental health professional for last few months, and while I'm still a broken man I have some handle on my grief. Maybe someone like that could help you make a decision on a claim.

There are support groups like Anam Cara which might give you some support generally.

Sorry I can't be anymore practical help with regards to your next step legally

nuac

Mod
Closed
Same poster Femur61 has thread on this topic on this forum since last June
Old Rudge, sincere sympathies on your loss