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Our principal solicitor talks about the new road map for Irelands come back after corona virus:

Since our Taoiseach’s announcement on Friday last we have taken some time to reflect on points made and our nations new road map as a way out of this pandemic. Overall we found Leo’s announcement somewhat encouraging as we now have some date milestones and projections as a nation to follow. Having some sense of an ending is encouraging from both a business and social point of view.

At Joyce & Co we have been very lucky to continue our business as an essential service while working remotely, but like others we as a company have also had to make some changes to how we operate. We have had little to no physical meetings with clients. We have operated through phone call’s, emails and through video conferencing to continue our business through this crisis and have aimed to continue delivering the same level of customer service as always. What are our views of this new normal? Take a look below at some key points of interest we wish to discuss.

From a business owner’s point of view one of the main concerns we have is how to maintain the safety of our employees as well as our clients as we begin to roll back into normality. We believe it is necessary for clearer guidelines to be set out by our government relating to sanitation, social distancing measures and standard practices we need to adhere to. From communicating with colleagues and business owners in other industries it appears that this is a concern shared by many who want to ensure they are adhering to these necessary standards. The thoughts of an expert in the area who could perhaps advise on tailored approaches for each individual business to take would be a welcome development.

We hope to continue some measures we have introduced until we have a vaccination in place, and perhaps even after the pandemic has left our lives. One of these in particular is the use of video conferencing calls to meet with clients and talk about issues relating to their legal services needs. Of course, in some cases contract signing will always be necessary. However, we believe this can be done in the safest way possible whilst continuing social distancing measures. We would encourage all those who can to continue the use of these new ways of communicating where possible until we can be sure we are safe from the spread of Covid-19.

Financial supports such as the Wage Subsidy Scheme and the Enterprise Support Scheme have been great initiatives made by our government to help businesses stay afloat and to keep that essential link between employers and employees while businesses remain in somewhat partial hibernation. While hindsight will no doubt provide a clear lens down the tracks, our government’s week to week decision-making in how they have managed the challenges of this pandemic has been proactive. Their communication has to the nation has also been detailed and transparent.

Supporting Local is something we believe everyone should be participating in once restrictions begin to roll backwards and it is something we will be doing, especially with our neighbors on Washington Street and around Cork City Centre.

Our economy has suffered and will continue to suffer for the coming months; but forecasts suggest we there is a road back which is something to be positive about.

With a roadmap in place it allows for businesses like ours to now plan ahead. We wish all other businesses the very best in these challenging times. We welcome the sharing of ideas in what is a time where innovative thinking has really come to the forefront and will ultimately dictate survival and future successes for many. We have tried things ourselves during the past few weeks to keep the fire burning. Some initiatives have worked well while some haven’t had the same traction. We will continue our efforts to provide our customers with a high level of service. Stay in touch. Pull together. Support one another.

COVID-19: BUSINESS INTERRUPTION INSURANCE

Many businesses throughout Ireland are now facing the human, social and economic implications of COVID-19. The pandemic has caused businesses such as retail outlets, bars, restaurants, and hotels to suspend their operations. There is an understandable concern about the financial losses incurred as a result of COVID-19 and many businesses will now be looking to their insurance to cover the financial losses.

Business Interruption Insurance and Covid-19

Business interruption policies (sometimes referred to as consequential loss, or loss of profits policies) are policies of indemnity that provide cover for loss resulting from the interruption to an insured’s business as a result of physical damage to the insured property. Typically, business interruption insurance policies will not provide cover for losses resulting from infectious diseases unless specific business interruption extension is included in the policy.

The wording contained in each policy of insurance will be significant in determining if insurance companies are obliged to accept liability on an insurance claim for business interruption. Some insurance policies provide non-physical damage extensions to their business interruption cover and in certain instances may cover loss resulting from interruption to the insured’s business as a result of an occurrence of a notifiable human disease.

Where a policy provides cover for an outbreak of an infectious disease, an insurer may be expected to meet claims where the loss arises from an outbreak of an infectious disease on the property or where the business is restricted from trading by government as a result of such an infectious disease.  Whether a policy will offer this kind of cover will very much depend the specific facts of the case and specific wording of the policy in issue.

Business Restrictions and Closures:

Certain policies may not expressly address losses resulting from the outbreak of an infectious disease and may instead only expressly provide cover for financial losses resulting from interruption to the business due to restrictions or closures imposed by public, local or government authorities. Policies may contain a prevention of access clause and this in turn could provide cover for a business interruption claim during a pandemic.

Our advice is each policy of insurance is different and businesses should have their policies examined to clarify if it has any cover for losses arising from the current crisis and establish whether the present circumstances trigger the cover provided under the relevant insurance policy. It is important to remember that if there is a potential insurance claim, the terms of the policy must be followed including the appropriate notification of any claim arising from the policy. An insurer may not indemnify a business where policy requirements relating to notification and loss management are not strictly adhered to by the business.

In the event of a dispute over whether COVID-19 triggers business interruption coverage, legal action may need to be threatened or required to compel performance of the contract of insurance and ultimately compensate the business once losses are ascertained.

How can we help?

The team here at Joyce & Co Solicitors can assist businesses in addressing their questions and concerns relating to insurance cover and advise on a wide range of issues a business may face during the COVID-10 crisis.

For further information and expert guidance regarding a business interruption insurance claim please contact

Steps to take when you are involved in a road traffic accident to
When you are involved in an accident there are many thoughts and emotions a person goes through, we have put together a step by step guide to help if you find yourself in this situation.

Call the police – If you are involved in an RTA, be sure to contact An Garda Síochána if possible so that they can attend the scene. It is helpful that An Garda Síochána are given the opportunity to take details and make an assessment of the scene on the day.
Do not drive yourself immediately after the accident – Often after an RTA people find themselves in a state of shock. Try to have somebody else collect you from the scene if at all possible. In some circumstances, medical assistance will arrive at the scene.
Seek medical assistance – It is common for some injuries that result from RTA’s not to be immediately apparent. Injuries sometimes come to light after the first 24 hours following the accident. Don’t assume you are fine and do seek medical attention early on if you have been in an accident. See your GP if necessary go to Accident & Emergency.
Notify your employer – Tell your employer that you have been in an accident. This will allow them to monitor your wellbeing and if necessary to allow you to take time off work or even adapt your role while you recover.
Keep receipts – Following an accident, you will need to see professionals such as doctors, physios, acupuncturists, etc and will have various expenses such as medicines, travel and other out of pocket expenses. These receipts will form part of your claim for compensation. Out of pocket expenses are termed “Special Damages” in the context of a personal injuries claim.
Consult your solicitor – Discuss the accident with your solicitor. We at Joyce & Co Solicitors are experts in the area of personal injury claims. If you are injured from a Road Traffic Accident which was not your fault we can advise you throughout and manage your claim for you. The initial consultation will allow you to have an idea of what will be needed from your side as well as what steps lie ahead as part of a claim.
Have a medical assessment with your doctor – Normally, a claimant’s first medical report will be written by their GP. Your GP will need to assess you at their clinic to be in a position to write that report.
Your solicitor obtains a report from your doctor – Your solicitor will take up a report from your GP and will check over this report with you. That report can then be used by your solicitor to commence the PIAB (Personal Injuries Applicant Board) process.
PIAB Application – Form A must be completed. This is done in conjunction with your solicitor. Form A is lodged with PIAB.
The respondent to your claim is given 90 days to consent or not to consent to having the matter assessed by PIAB. If 90 days elapses with no response from the respondent, it is taken that the respondent consents to having the matter assessed by PIAB.
You will see a doctor nominated by PIAB during the PIAB process. This doctor is an intermediary engaged by PIAB to assist them in assessing the value of your claim.
Additional medical reports – Depending on the nature of your injuries, your GP may refer you to specialists in other areas of medicine. Should that be the case, your solicitor may obtain a medical report from that practitioner.
Loss of earnings – PIAB will send your solicitor a certificate of loss of earnings. If you are a PAYE worker, this must be completed by your employer in the event that you have suffered lost wages following an absence from work as a result of your injuries. If you are self-employed, any loss of earnings must be calculated and signed by your accountant.
Special damages – All out of pocket expenses you have incurred as a result of the accident are set out in a schedule of special damages. This schedule is completed and given to PIAB together with all receipts.
PIAB Assessment – PIAB will make an assessment of the value of the claim. This assessment will be sent to both your solicitor and the respondent (or their insurers in most cases). Both parties must decide whether they wish to accept or reject the assessment made. The respondent has 21 days to communicate their decision. You, the claimant, have 28 days to communicate your decision. This is a time where your solicitor can advise you on your options and whether in their opinion the assessment made by PIAB is a favourable one. You will be advised but the final decision rests with you.
If you accept the PIAB assessment, and the respondent also accepts the assessment, a “Notice To Pay” will be issued by PIAB instructing the respondent to pay you the amount of the assessment.
If either you or the respondent reject the PIAB assessment, an authorisation will be issued by PIAB allowing the matter to proceed through the courts system.
A barrister will be engaged to assist in the court process. A personal injury summons will drafted and checked with you. Once in order, this can be issued in the courts and served on the respondent.
The matter may proceed towards court hearing or may settle at an earlier stage. At each part of the process, you will be advised by Joyce & Co Solicitors as to what we feel is in your best interests. The aim is to maximise your award while providing an efficient and transparent service to our clients.

At Joyce & Co. we are experts in the field of Personal Injury Claims due to road traffic accidents, reach out to our team where we can talk through the processes with you.

e: info@joycecosolicitors.ie