Carol McCormack Solicitors

Carol McCormack Solicitors We specialise in buying and selling property and personal injury cases

Reduced Damages Due to Contributory Negligence⚖️A recent High Court decision in Conway v O'Connell highlights how a plai...
01/07/2026

Reduced Damages Due to Contributory Negligence⚖️

A recent High Court decision in Conway v O'Connell highlights how a plaintiff's own actions can significantly affect a personal injury award.

The plaintiff suffered serious ankle and hand fractures after being struck by a trailer during the Lisdoonvarna Matchmaking Festival. While the court found the driver negligent for travelling too fast through a crowded street, it also held that the plaintiff had failed to take reasonable care for his own safety after consuming alcohol.

📉The result? The plaintiff was found 40% contributorily negligent, reducing his damages from €65,000 to €39,000.

The case also highlights the importance of choosing the correct court. As the award fell below the High Court threshold, costs were awarded on the Circuit Court scale. Therefore, it is very important to listen to the advice of your solicitor in deciding which court to take your case.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Cosmetic Surgery – What Can You Claim For? 💉When cosmetic surgery goes wrong due to negligence, it may give rise to a me...
23/06/2026

Cosmetic Surgery – What Can You Claim For? 💉

When cosmetic surgery goes wrong due to negligence, it may give rise to a medical negligence claim, but a poor result alone isn’t enough.

Procedures like Botox, fillers, breast implants, facelifts, scar removal, and liposuction can sometimes lead to complications.

If something goes wrong, act early: seek medical advice, keep records, and document your recovery.

💰 Damages may cover pain, suffering, and long-term impact, often supported by expert medical evidence.

⚖️ Cases can be brought in the District, Circuit, or High Court depending on value and complexity, your solicitor will advise on the right path.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Will or No Will? ⚖️A Will ensures your wishes are followed after death, from who inherits your assets to who manages you...
21/06/2026

Will or No Will? ⚖️

A Will ensures your wishes are followed after death, from who inherits your assets to who manages your estate.

Without a Will (intestate), your estate is divided under the Succession Act, which may not reflect your wishes and can lead to delays or disputes.

A valid Will can also make things faster, simpler, and potentially reduce tax for your loved ones.

For parents, it’s especially important as you can appoint guardians for your children.

Making a Will brings certainty, protection, and peace of mind for the future.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Accidents Involving Children Accidents can happen anywhere at home, school, playgrounds, or public places.If a child is ...
19/06/2026

Accidents Involving Children
Accidents can happen anywhere at home, school, playgrounds, or public places.

If a child is injured:
✔️ Seek medical attention immediately
✔️ Report the accident to the relevant authority
✔️ Gather witness details
✔️ Take photos of the scene and injuries
✔️ Record important details such as time, lighting, and hazards
✔️ Contact a solicitor as soon as possible

In Ireland, children under 18 are minors, so claims are brought by a parent or guardian. The usual 2 year limit doesn’t apply in the same way, a claim can be made during childhood or within 2 years of turning 18.

For serious or long-term injuries, your solicitor will advise on the process, compensation, and time limits.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Prescription & Pharmacy Errors: When Medication Causes Harm 💊⚠️When people hear the word "overdose," they often think of...
16/06/2026

Prescription & Pharmacy Errors: When Medication Causes Harm 💊⚠️

When people hear the word "overdose," they often think of illegal drugs, but serious harm can also result from medication errors made during prescribing or dispensing.

Common mistakes include:
🔹 Incorrect dosages
🔹 Misread prescriptions
🔹 Dispensing the wrong medication
🔹 Failing to consider allergies or medical history

Healthcare professionals have a duty to prescribe and dispense medication safely. When that duty falls below the required standard and a patient suffers harm, it may give rise to a medical negligence claim.

⚖️ If you have been injured as a result of a prescription or pharmacy error, legal advice can help determine whether the appropriate standard of care was met.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Accidents in Public Parks Who is Responsible?An accident in a public park or playground doesn't automatically mean someo...
14/06/2026

Accidents in Public Parks Who is Responsible?

An accident in a public park or playground doesn't automatically mean someone else is responsible.

To bring a successful claim, it must be shown that the party responsible for maintaining the area was negligent. Common hazards include:
🔹 Uneven footpaths
🔹 Poorly maintained play equipment
🔹 Slip and trip hazards
🔹 Other foreseeable safety risks

Local authorities must keep public spaces reasonably safe, while private parks and recreational facilities owe visitors a duty of care under Irish law.

However, compensation may be reduced if the injured person contributed to the accident through their own actions.

⏳ Important: In most personal injury cases, court proceedings must be commenced within 2 years of the date of the accident.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Probate Time Limits: It’s Not Always About the Date of DeathProbate disputes are subject to strict limitation periods un...
12/06/2026

Probate Time Limits: It’s Not Always About the Date of Death

Probate disputes are subject to strict limitation periods under the Statute of Limitations Act 1957:

📌 12 years to recover land or personal estate from the date of death
📌 6 years for claims against a deceased’s personal estate
📌 6 months from the Grant of Probate for Section 117 claims by children

A recent High Court decision, Frank Doyle v Doyle & Goodwin Doyle [2026], has clarified an important point, the clock may not start ticking on the date of death.

The Court held that, for certain beneficiary claims, time begins when the beneficiary's right to receive their inheritance actually accrues, recognising that executors need a reasonable period to administer an estate.

⚖️ Key takeaway: In probate disputes, limitation periods can be more nuanced than they first appear.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Can doctors withhold life-prolonging treatment where a patient refuses care but lacks capacity?In Health Service Executi...
18/05/2026

Can doctors withhold life-prolonging treatment where a patient refuses care but lacks capacity?

In Health Service Executive v P.J. [2026] IEHC 291, the High Court approved a “ceiling of care” order for a 78-year-old man with severe depression who refused treatment, nutrition and medical intervention.

The Court confirmed:
▪️ Capacity is presumed under the Assisted Decision-Making (Capacity) Act 2015
▪️ Courts decide legality not clinical treatment
▪️ Clinicians may avoid invasive treatment where it is futile, harmful or disproportionate

The decision prioritised dignity, longstanding wishes and non-coercive end-of-life care.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Grounds for Contesting a WillA Will can be challenged in Ireland for several reasons, including:• Lack of testamentary c...
15/05/2026

Grounds for Contesting a Will

A Will can be challenged in Ireland for several reasons, including:

• Lack of testamentary capacity
• Undue influence or duress
• Improper ex*****on of the Will
• Fraud or forgery
• Failure to provide for children (Section 117 Succession Act 1965 claims)
• Failure to adequately provide for a spouse, civil partner or qualifying cohabitant

Children and spouses have important legal rights under Irish succession law, regardless of what a Will states.

In short: you may wish to leave everything to the Cats & Dogs Home, but surviving spouses or children may still have grounds to challenge the Will in the High Court.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

Lost WillsWhen a loved one passes away, their estate is distributed according to their Will. However, if the original Wi...
11/05/2026

Lost Wills

When a loved one passes away, their estate is distributed according to their Will. However, if the original Will is lost, damaged, or cannot be found, serious legal issues can arise.

In general, if the original Will cannot be located, the law may presume it was intentionally destroyed to revoke it. In some cases, a court may still accept a copy of the Will or other supporting evidence, but strong proof is required.

Proving Existence
The person seeking to prove a lost or destroyed Will must provide clear evidence that:
• The Will was properly signed and executed
• The deceased did not intend to revoke it
• A true copy of the Will exists, or
• Its contents can be verified by reliable evidence

Supporting Evidence
To prove a lost or destroyed Will, the court must be satisfied that the evidence clearly reflects the deceased’s intentions. Supporting evidence may include:
• A signed duplicate copy of the Will
• An unsigned draft prepared by a solicitor
• Witness evidence from those familiar with the contents of the Will

Courts will only grant probate where there is clear evidence of a lost or destroyed Will. If sufficient proof is not provided, the estate may be distributed under the rules of intestacy, as though no Will existed.

These matters can be complex, so it is important to seek legal advice where there is uncertainty about a loved one’s Will.

You can find more informative posts like this at our website at carolmccormacksolicitors.ie

*Disclaimer: The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.

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