Making Injury Claims in Ireland
As a general guide to injury claims in Ireland, those which are not related to professional negligence are submitted to an organisation known as the Injuries Board, who will first ensure that the negligent party does not dispute liability, and then assess how much compensation you are entitled to receive. This process can be a fast-track to receiving compensation after you have been hurt in an accident for which you were not wholly to blame.
Personal injury claims in which it has to be shown that there was an avoidable injury or loss due to a professional’s lack of skill “in the circumstances and at that time” are often resolved in court and subject to expert opinion. These personal injury claims can be exceptionally complicated – not just for demonstrating negligence, but also because there is the potential for substantial personal injury settlements.
Negligence in Personal Injury Cases
For injury claims in Ireland to be successful, you must have sustained an injury or loss due to another person’s lack of care. In very few circumstances will a near-miss suffice as grounds for a personal injury claim and, unless you have sustained some form of discernable emotional or psychological injury, you physical medical records will provide the legal basis for your claim.
Your injury must also have been caused by the negligence of somebody who had a duty of care towards you in order to qualify for personal injury claims. For example, drivers have a duty of care to all other road users when they start their engines and venture onto the roads. Employers also have a duty of care to provide their employees with a safe environment in which to work, and medical practitioners have a duty to provide the best possible care to their patients.
What is Involved in Injury Claims?
Whereas many people understand the concept that personal injury claims compensate you for the pain and suffering you experience due to an injury or loss, it is often for the consequences of a personal injury that a person needs adequate compensation. If for example, you sustain a whiplash injury in a car accident, you may receive an amount of personal injury compensation for the initial pain and the six weeks or so of discomfort you suffer thereafter, but real cost to your quality of life might be much greater.
For example, during your recovery you may not be able to participate in many of the pursuits one would consider to be a normal part of life – for example caring for children, going shopping, cleaning your home and even gardening. This is known as “loss of amenity” and can affect different people in different ways. Some may become depressed during periods of immobility or the circumstances surrounding your injury may result in a loss of confidence for driving in the future.
Furthermore, you should not suffer any financial loss because you are unable to work, drive or perform regular household duties. All of these factors need to be integrated into personal injury claims in Ireland to ensure you receive the right amount of compensation for your injury and its consequences and, when you are still recovering from a physical trauma, you may not have the emotional strength collate all the information required and submit a comprehensive application.
Disputed Claims and Making Your Case
As much as making personal injury claims can be difficult when everything goes smoothly, they become harder when facts regarding negligence or the amount assessed by the Injuries Board are disputed. If an employer (for example) claims that you contributed to your work injury by your own lack of care, or his insurance company feels that the Injuries Board assessment is too high, you will need legal assistance to resolve your personal injury claims.
Rather than wait until a problem exists, it is far better to have a personal injury solicitor involved with any personal injury claims from the very beginning. A recent report published by the University College Dublin revealed that more than 90 per cent of people making personal injury claims in Ireland did so with the assistance of a personal injury solicitor – not just to maximise the value of their personal injury claims, but also to assist with the different and sometimes difficult processes for making personal injury claims, especially those involving children which require settlements to be approved by a court.
Free Legal Advice
In addition to all the above issues you may need to overcome when making claims, there is also the possibility that you or a loved one will be approached by the negligent party’s insurance company shortly after your injury or loss has occurred. Not only are their approaches inappropriate at a time when you have recently experienced a trauma, but their offers of early settlement can often be completely inadequate for your needs.
Without a full legal consultation, it is impossible to estimate how much you may be entitled to receive for your personal injury claims, and therefore you are invited to contact us to discuss how best to proceed with injury compensation claims or deal with compensation issues. As you might expect from a professional and courteous company, all conversations between yourself and personal injury solicitors are completely confidential, and there is no obligation on your to proceed with a personal injury claim once you have spoken with us.