If you have been injured in an accident that was not entirely your fault, it is your legal right to claim personal injury compensation. Claiming compensation for injury in Ireland is a relatively straightforward process; however any legal claim has the potential to become complicated and getting your full entitlement to compensation can be difficult without professional legal help.
Since claiming compensation for injury in Ireland is a totally alien concept for many accident victims, we have compiled a guide to claiming compensation for injury in Ireland to direct you through the procedures you need to fulfil to increase your compensation for injury claim´s chances of success. . You will no doubt have many questions about the legal processes in Ireland and, should you feel further advice is required, you are invited to take advantage of our free telephone service to discuss claiming compensation for injury in Ireland directly with a solicitor.
Why Should I Make a Compensation for my Injury?
Even relatively minor injuries can incur costs for the victim. If you have been involved in an accident that was caused by the negligence of somebody else, you should not have to pay out of your own pocket to get the treatment you need. When you add up the costs of medical treatment, changes to transportation, loss of earnings and overtime from enforced time away from work, an injury can result in a considerable financial outlay.
When an accident causes a serious injury, claiming compensation for injury in Ireland is not so much a choice, but rather a necessity. Recovering compensation for serious injuries can be vital as the financial strain placed on victims can be considerable. Without payments of compensation for injury in Ireland, it may not be possible to get the treatment you need. If you want to ensure that you can get the best possible treatment and have the best chance of making a full recovery after an accident, claiming compensation for injury in Ireland can make all the difference.
As long as you were not primarily responsible for an accident, and your injuries were caused by the negligence of at least one third party, you should be eligible to claim compensation for injury in Ireland and should seek legal advice immediately.
What is Compensation for Injury in Ireland Awarded For?
Any personal injury which has been sustained due to the actions – or inactions – of a third party can be the basis of a claim for personal injury compensation in Ireland. Many people believe that only serious injuries can form the basis of a compensation claim in Ireland; however this is not the case. Even cuts, lacerations and bruising can be sufficient reason for making a compensation claim, although whether claiming compensation for injury in Ireland will be worth your while may depend on the extent and severity of the injuries you have sustained.
In order to determine how much compensation you are entitled to claim in Ireland, you should seek the advice of a specialist personal injury compensation solicitor. After seeking appropriate legal advice, you will establish if claiming compensation for injury in Ireland is possible, and soothe best way to proceed with your claim.
Claiming Compensation for Injury in Ireland through the Injuries Board
With the exception of medical negligence, clinical malpractice and hospital negligence claims for compensation, claiming compensation for injury in Ireland will require the involvement of the Injuries Board Ireland. The Injuries Board Ireland is a body which was set up to help accident victims obtain an assessment of the value of a personal injury compensation claim in Ireland. The thinking behind its creation was to reduce the need for accident victims to employ a personal injury compensation solicitor to get full recompense for any injuries sustained due to third party negligence.
While the Injuries Board Ireland will assess claims fairly, they will not necessarily calculate your full entitlement to personal injury compensation. Only a third of Injuries Board assessments are accepted by claimants and this is often because over 90 per cent of accident victims still choose to use the services of a personal injury compensation solicitor when claiming compensation for injury in Ireland.
When an experienced personal injury compensation solicitor prepares your compensation claim, your injuries will be thoroughly investigated and your solicitor will accurately calculate how they have affected your ability to work and quality of life. All aspects of an injury will be properly assessed, and all expenses resulting from your injuries will be included in your claim. Using the services of a personal injury compensation solicitor when claiming compensation for injuries in Ireland is the best way to ensure that you claim your maximum entitlement to personal injury compensation.
What is Covered by a Compensation Claim in Ireland?
Claiming compensation for injury in Ireland will ensure that you are compensated for any pain and suffering you have experienced, and for any loss of function – legally termed ‘loss of amenity’ – that has been caused by an accident and your injuries. You are also entitled to recover any out of pocket expenses which have been incurred due to an accident and the resultant injury so that when your compensation claim for injury is resolved, your financial status is no worse than if the accident had never happened.
Provided that any expenses can be directly attributed to the accident or injury, and that they can be supported with appropriate receipts or invoices, they can be included when claiming compensation for injury in Ireland. To make this as easy as possible, you should keep all receipts of payments you make, including bus tickets, taxi receipts and for any medication you are required to purchase. Whenever possible, you should use a credit card to pay for such costs to make keeping track of them more straightforward. You should supply the receipts or a credit card statement to your solicitor and he will ensure that your expenses are factored in when claiming compensation for injury in Ireland.
How is Compensation Paid in Ireland?
Claiming compensation for injuries in Ireland will normally involve making two separate claims; each of which will deal with a separate aspect of your compensation. To compensate you for pain, suffering and loss of function, your chosen solicitor will calculate a value for your injuries after taking into consideration how they have affected your quality of life. These aspects of compensation are covered in a claim for personal injury general damages. General damages calculated by a solicitor will factor in age, sex and the general state of health of an accident victim, and will be invariably higher than the Injuries Board Ireland’s assessment.
All expenses arising from an accident or injury will be included when claiming compensation for injury in Ireland for special damages. Special damages include transportation costs, home help costs, any changes required to your accommodation that are necessitated by your injury, as well as lost earnings and lost overtime.
Compensation for Injury Claims and Court Litigation
Claiming compensation for injury in Ireland will rarely mean litigating through the Irish courts, as the majority of compensation claims are settled by third party insurers before court action is necessary. Litigation through the Irish courts tends to be required only when liability is denied by the third party, or when the value of a claim is particularly high. It is in all parties interests to avoid the courts whenever possible, as court litigation will mean increased legal costs. Court litigation will be necessary when claiming compensation for injury in Ireland if both parties are unable to come to an agreement of the level of personal injury compensation.
Claiming compensation for injury in Ireland will require a court appearance when the claim is for an injury sustained to a child as settlements need to be approved by a judge before an order to Pay can be issued, and when medical negligence or medical malpractice compensation claims are unresolved. Since it is not possible to tell at the outset of a claim whether litigation will be required, it is in the claimant’s best interests to employ the services of a personal injury solicitor to pursue the claim from the start. Not only will this maximise the chances of success if litigation is required, but a solicitor can help to force a settlement with a third party insurer to prevent the claim from going through the Irish court system.
Time Limit for Claiming Compensation for Injury in Ireland
Claiming compensation for injury in Ireland must be commenced within a strict time frame, as dictated by the Irish Statute of Limitations. The Statute of Limitations in Ireland is two years from the ‘Date of Knowledge’ of an injury, and not from the date that the injury was sustained – although these two dates could well be the same.
The reason for the date of knowledge being used is that injuries sustained in accidents may not be immediately apparent. Industrial illnesses such as cancer, miner’s lung and illnesses caused by asbestos exposure may not become apparent for many years. In such cases, the time limit for claiming compensation for injury in Ireland starts from the date that the illness is diagnosed as being a work related illness, or from the onset of symptoms.
Injuries to children will see the time limit start from the eighteenth birthday. Claiming compensation for injury in Ireland is possible before this date with a ‘next friend’ pursuing compensation on behalf the child. To find out exactly how the Statute of Limitations applies to you when claiming compensation for injury in Ireland, you should speak to a personal injury compensation solicitor for advice.
Free Legal Advice About Claiming Compensation for Injury in Ireland
If you have been injured in an accident for which you were not wholly to blame or have sustained an illness which you believe was caused by your employment, it is imperative that you seek legal advice about claiming compensation for injury in Ireland. You should contact a solicitor with experience in the particular area of compensation claims law which applies to your injuries as soon as possible after your injuries have been attended to.
In order to make claiming compensation for injury in Ireland as easy as possible for accident victims, we have established a free telephone helpline to allow accident victims to find out more about claiming personal injury compensation. If you are considering claiming compensation for injury in Ireland, call our helpline today and speak to an experienced personal injury compensation solicitor for advice.
You will be advised about your eligibility to claim, what the claims process in Ireland involves, and you will be told what you need to do next in order to start a legal claim to recover compensation in Ireland. Our solicitors speak plain English, will be sympathetic to your situation and will not put you under any pressure to make a claim.
If it is not convenient to speak now, please take advantage of our free call back service by completing the contact form below, and one of our solicitors will call you back at the requested time.