At D’Arcy & Co, Solicitors, Kildare, we believe that a careful, sensible approach is needed in relation to personal injury claims*. We aim to use our decades long experience and knowledge in personal injury matters to bring forward cases in a pragmatic and careful manner.

Our team has the necessary knowledge and skills to bring your claim forward in an effective and efficient way.

In brief

Nonfeasence – An important but little known reason Councils might not be found liable for an accident.

The basic general rule or concept is that where a Council has not done any works (technical term “nonfeasence”) in an area they are less likely to be found liable for an accident than if they carried out works negligently (“misfeasance”). For this reason, not only is the physical state of the public area where an accident took place of importance to whether the Council will be liable but also the history of what works the Council did in relation to that area.

In relation to Accidents in Public Area Claims* we will require the following information:-

Your details

  • Name and address
  • Occupation, Employer, work address and PPS number
  • Date of birth (over or under 18)
  • Telephone number
  • E-mail address
  • Marital status
  • Names and date of birth of your children or dependents

Details of accident

  • Date and Time
  • Location of accident
  • A description in your own words of what happened
  • Details of any witnesses
  • Name and address of anyone else involved in accident
  • Were the Gardai or ambulance called
  • To whom was the accident reported
  • A description of what happened after the accident

Injury Details

  • Description
  • Were you taken to hospital, name of hospital, were you detained and if so, how long
  • Absence from work
  • G.P.’s name
  • Consultant’s name
  • Details in relation to physiotherapy
  • Brief description of effect of accident/injury on lifestyle and capacity to work


Whatever information you have regarding expenses that are likely to occur such as loss of earnings, medical expenses and details of social welfare claimed, medical card (if any) and health insurance

Previous Injuries

Details of any previous injury or claim including amount

Any further information you feel is applicable

We will also need confirmation of your permission to contact third parties such as Gardai, Doctors and Insurance Companies and to commence an assessment of your claim and where necessary to issue the initial letters and thereafter to contact you.


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