Compensation for a Fatal Car Accident

Will I need to go to court to recover compensation for a fatal car accident? I am not sure I can cope with the stress of court action after losing my husband in the accident.

At a time of such emotional upheaval, the thought of having to go to court in order to recover compensation for a fatal car accident can be a source of great stress. However, court action is not always necessary, and you may be awarded compensation for a fatal car accident without the involvement of the courts. Only approximately 20 percent of personal injury claims are resolved through litigation, with a third of claims resolved by the Injuries Board and the remainder by direct negotiation between the plaintiff’s solicitor and the insurance company of the respondent.

Court action is reserved for claims when liability is denied by the third party alleged to have caused the accident, or when liability is accepted but the Injuries Board claim assessment is contested by the respondent. In the case of the latter, the plaintiff would only be required to appear in court if called as a witness by the judge. In the case of fatal car accident claims, this is likely only to occur if compensation is being claimed for psychological problems suffered due to the accident.

The best course of action to take is to speak with a personal injury solicitor about the accident. A solicitor will be sympathetic to your situation, and will listen to your account of the accident before advising you if a compensation claim for a fatal road traffic accident is possible. You will also find out about the actions which must be taken in order to ensure your case has the maximum probability of being settled out of court. You can instruct a solicitor to act on your behalf and the case will be investigated, evidence of third party negligence will be collected and legal documentation will be prepared for you. Your involvement in the case will be kept to the minimum possible level.

A solicitor should be able to give you an indication of the strength of your claim for fatal injuries from a car crash on the first telephone call, and while no guarantee can be given that the respondent will accept liability for the accident, a solicitor should be able to tell you if the insurance company has grounds to reject liability. It should also be possible to find out about the approximate amount of compensation that can be claimed, although this cannot be confirmed until the claim for fatal injuries from a car crash has been fully investigated.

Having to take your compensation claim for a fatal road traffic accident to court is not something you need to worry about. It may seem like a daunting prospect when you have just lost your husband, but the whole process will be handled by your solicitor/barrister. You should also bear in mind that when court action is necessary to settle fatal car accident claims, it can take several months before the case is heard in court, by which time you may find it easier to cope with a court case.

You should not be discouraged from making a personal injury claim for a fatal accident, as with a personal injury solicitor acting on your behalf the claim should be straightforward and as stress free as possible. Your solicitor will handle all aspects of the claim to allow you to concentrate on coming to terms with your loss.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.