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General damages are awarded to compensate for the pain, suffering and loss of amenity (e.g. a reduction in quality of life) caused by personal injuries suffered. They are awarded in addition to special damages (see our FAQ "What Are Special Damages?").
The level of general damages awarded will depend on the type and severity of injury suffered. This will be ascertained by expert medical evidence.
If you think you have a personal injury claim and would like an indication as to the level of general damages you would recover for your pain and suffering, please get in touch.
Special damages are awarded to compensate for the expenses incurred by victims as a result of their injuries. They are awarded in addition to general damages which compensate the victim for the pain and suffering caused by their injuries (see our FAQ "What are General Damages?").
Special damages include the cost of the following:
Loss of earnings;
Therapies and medical treatment;
Damage to vehicles and other items of personal property;
Adaptations to accommodation; and
Any other expenses that need to be awarded to put the victim back in a position, financially, as if the accident had never occurred.
If you think you have a personal injury claim and are unsure of what out of pocket expenses you can recover, please get in touch. We would be delighted to assist you. We ensure that our clients receive the compensation and rehabilitative treatment they deserve and need.
An individual voluntary arrangement (IVA) is an agreement between a debtor and his/her creditors to contribute an amount towards his/her debts. If approved, it will bind the creditors to accept the amounts proposed in the IVA in satisfaction of the debt owed to them.
As it is an agreement, the terms negotiated with the creditors can vary. For example, the IVA could provide for part payment of the debts, or payment in full but allowing the debtor time to pay by way of installments. The creditors may agree to certain assets that would otherwise be sold in the course of a bankruptcy being excluded from the terms of the IVA.
A supervisor will be appointed to monitor the debtor’s compliance with the terms of the IVA. This will normally be an insolvency practitioner.
There are a variety of options available to you if are having financial difficulties. We have the necessary expertise to advise you as to the best option to manage your debts with least disruption to your lifestyle. Please contact us if you would like to discuss these.
Bankruptcy is a formal insolvency procedure commenced by the presentation of a bankruptcy petition at court. A creditor may present a petition against a debtor who owes money (known as a creditor’s bankruptcy petition). Alternatively, a debtor may petition for their own bankruptcy to alleviate creditor pressure if they cannot meet their liabilities (debtor’s bankruptcy petition).
There are a variety of options available to you if are having financial difficulties. We have the necessary expertise to advise you as to the best option to manage your debts with least disruption to your lifestyle.
Some of the effects of bankruptcy are as follows:
• A trustee in bankruptcy will be appointed to realise certain assets of the debtor (not all assets, only those falling within the bankruptcy estate) and distribute the proceeds amongst his/her unsecured creditors who are owed bankruptcy debts;
• The bankruptcy debts are written off once the debtor is discharged from bankruptcy. This means the creditors cannot take action against the debtor for the balance of any amounts owed to them in respect of debts falling within the bankruptcy; and
• Bankruptcy will significantly affect the debtor’s ability to obtain credit and trade.
If you are having financial difficulties and would like to discuss the best option for you, please contact us.