Legal NI

Phillip is a lifelong biker and enjoys Sunday cruising when the weather permits. He was out riding his motorcycle on a Co. Antrim country road on a particularly nice Sunday morning. As Phillip was passing a residential property, a dog ran out of the driveway, causing a collision. Phillip lost control and came off his motorbike at speed. An onlooker dialled 999. The police attended the scene and an injured Phillip was taken to hospital by ambulance. Tragically, the dog did not survive the accident.   

As a result of the motorbike accident, Phillip suffered a serious leg fracture which required surgery and a period of rehabilitation.

The injured biker decided to pursue a claim shortly after the accident. He contacted us and enjoyed the benefit of a free initial consultation with Brian Turkington. Once instructed with the claim, Brian contacted the Police Service of Northern Ireland (PSNI) to obtain the dog owner’s details. He investigated further and established that the dog was covered under the home insurance policy attached to the property that the dog ran onto the road from.

Brian had Phillip examined by three separate consultant doctors who provided medico-legal reports concerning the fracture, scarring left from surgery and Phillip’s psychological reaction to the accident. We obtained a report from an occupational therapist who gave an expert opinion on the monetary cost of the care administered to Phillip by his wife and the cost of his material domestic requirements during rehabilitation.  

Brian initiated High Court proceedings against the owners who accepted liability. Prior to the hearing, the home insurer indicated a willingness to settle the matter. They offered an initial amount in compensation which was immediately rejected. After some negotiation, Brian settled the matter for his client in the sum of £90,000.

If you were involved in a motorcycle accident in the past three years, we can help. Visit motorbike accident claims to learn how or Contact Us for a free, no commitment and confidential consultation.

Kevin was driving on a country road when his car was hit by another vehicle. The impact caused Kevin’s car to flip into a field and land on its roof. He was trapped inside the car, upside down and struggling to remove his seatbelt to crawl out. The other driver witnessed the carnage they caused but fled the scene anyway. They left Kevin alone on a quiet road without checking if he had suffered injuries or even survived the serious collision. Fleeing the scene of a road traffic accident is a criminal offence.

Kevin suffered soft tissue injuries when his car flipped. Although they were serious, he was conscious and had the strength to free himself from the upsidedown car. He did so and alerted the police and ambulance service. Later that night, the Police Service of Northern Ireland (PSNI) apprehended the at-fault driver who was driving a relative’s car at the time.

Kevin was treated for his serious soft-tissue injuries in the coming months but he also developed symptoms that would be consistent with psychiatric injuries as a result of the trauma he has suffered.

Kevin was familiar with McCartan Turkington Breen and knew the reputation of our personal injury claims department. He contacted us and enjoyed the benefit of a free initial consultation with our Senior Partner, Colin Mitchell. Confident in Colin’s expertise, Kevin instructed us to represent him in his road traffic accident claim.

“First class service and I was updated regularly” – Kevin (Reviews.io)

The car owner’s insurer accepted liability and Colin entered settlement negotiations with them. He settled the road traffic accident claim in the sum of £50,000, to the delight of Kevin.

If you were involved in a road traffic accident in the past three years, our team of personal injury solicitors can help. You can learn more about our services at www.mtb-law.co.uk or contact us for a free, no-commitment discussion with a medical negligence specialist solicitor.

Annie contacted McCartan Turkington Breen to assist with the sale of her deceased son’s property. She was selling the house in her capacity as Personal Representative of her son’s estate. To do so, Annie had obtained the Grant of Letters of Administration in her son’s estate prior to instructing our firm. This Grant allowed her to instruct Marie-Anne McVeigh to represent her in the sale.

Annie became very ill during the sale process and sadly passed away before the house sale completed. Her deceased son died intestate. This is when someone passes away without a will. Annie did have a will which appointed her daughter as executor of her estate. Because her son died without a will there was no chain of executorship which would have allowed her daughter to take over and complete the sale. Because there was no chain of executorship, Annie’s daughter had to acquire legal authority to complete the sale of the property by other means.

The clients and their families understood how complex the issues arising in the matter were and were grateful for Marie-Anne’s help in navigating them through the complexities and on to the eventual completion of sale.

If you wish to buy or sell a property, our conveyancing solicitors are available to advise. You can learn more about our services at Property & Conveyancing or Contact Us for a free, no commitment exploratory chat.

This case highlights the importance of having a will in place. If you don’t have a will and would like to enquire about making one, visit Making a Will.

Sophia was born prematurely and was very unwell at birth. There were failures in her treatment in relation to how her condition was monitored and treated in the early days of her life. Tragically, these failures led to her sustaining a serious condition that resulted in cerebral palsy and severe disablement. Those who suffer from severe cerebral palsy require care for their entire life. It is a condition that affects movement and muscle development and is caused by complications during or after childbirth that cause damage to the brain.

Sophia’s parents had been made aware of similar cases brought by McCartan Turkington Breen. Recognising us as experts in cerebral palsy claims, they contacted us for a free initial consultation. They instructed Harry McAleese who issued proceedings against the relevant Health and Social Care Trust. They denied liability.

To ensure Sophia received the maximum amount of compensation she was entitled to, Harry obtained reports from a variety of experts from different specialities. A forensic accountant was instructed to calculate the financial losses sustained. We obtained Legal Aid and instructed several cerebral palsy medical experts to report on liability and causation.

Sophia’s condition is such that she will require specialist care and assistance for the rest of her life. She needs various forms of assistance including physiotherapy, speech and language therapy and assistive technology. Her family home required structural adaptation to ensure it is suitable for her needs.

Court proceedings were issued and the case was listed for hearing. Our medical experts met with the Trust’s medical experts and shortly before the case was due to be heard, they offered to settle the case. Eventually, a very favourable settlement for our client was reached with the Trust making a large lump sum payment, and annual payments for the rest of Sophia’s life. The estimated total award was £2.5million.

In a press statement, Harry said, “the family are pleased that a settlement could be reached and that a trial was avoided. The compensation will allow the family to provide specialist care and assistance required by their child.”

If your child suffers from a birth injury such as cerebral palsy, our team of medical negligence solicitors are available to help you. You can learn more about our services at www.mtb-law.co.uk or contact us for a free, no commitment discussion with a medical negligence specialist solicitor.

In this tale of two Colins, Colin Neill, CEO of Hospitality Ulster, joins our Senior Partner, Colin Mitchell, to discuss the hospitality sector and licensing law. 

This is episode one of Legal NI, a podcast by McCartan Turkington Breen Solicitors. This is a place for our solicitors, partners, expert consultants and clients to share expertise and experience with you, the listener. Throughout the series, we will bring the discussion to you, wherever you are. On your morning commute, at the gym or even just relaxing at home. We’ll share guidance and opinion on a range of legal topics that matter to you or your business. You will listen in as the experts at McCartan Turkington Breen discuss current legal topics and trends. You will get to hear from guests that have specialist knowledge on the given topic. We will also share real life client stories with you, and the vital part that we played in them. This podcast is for everyone, because the law is for everyone. But, we appreciate that every topic might not be of interest to you. So we encourage you to follow us on Twitter, Facebook or LinkedIn, where we will announce new episodes, and that you keep an eye out for the ones that you won’t want to miss. Legal NI can be found at www.mtb-law.co.uk and on Spotify. We all, at McCartan Turkington Breen, invite you to come and listen. We’re confident that you will find value and insight. Thank you for listening to episode one of Legal NI. We hope enjoy what is to follow.