If you have suffered an injury for which you are not liable, Garda car accident claims could be possible if you have been the victim of negligence. Regardless of who has been liable in the accident in question – whether a member of the Gardai or another road user – you may be entitled to compensation if you have sustained an injury after a Garda car accident due to the careless actions – or inactions – of a person who owed you a duty of care.
This is not always easy to determine and compensation for Garda car accident should always be pursued with the assistance of a solicitor. There are many considerations to take into account when making a claim for Garda car accident such as liability, evidence and whether your claim is worth pursuing and – as making a claim will already be difficult when recovering from your injuries – the experience of a personal injury solicitor will be invaluable when making a claim.
Medical Attention after Suffering an Injury after a Garda Car Accident
Before you consider making Garda car accident claims, your priority should be to seek immediate medical attention for your injury. This is not only to prevent further deterioration in your injury, but also ensure that your claim for Garda car accident is not damaged by allegations of contributory negligence. If it is considered that immediate medical attention could have limited the extent of your injuries – but your failure to have these injuries treated contributed to their severity – the amount of Garda car accident compensation you can claim may be reduced to reflect your own negligence.
Making a claim for your injury after a Garda car accident will not necessarily be impossible in this scenario – however the amount of compensation to which you may be entitled can be reduced to reflect your own negligence. It should also be noted that no amounts of compensation for Garda car accident amount will truly compensate for a lifelong injury which could have been prevented with prompt medical attention, meaning seeking medical attention should always be your immediate priority following an accident.
Liability for a Claim for Garda Car Accident
When making Garda car accident claims, it can sometimes be difficult to determine liability. This will depend on the circumstances of your accident and injury. On one hand, you may seek Garda car accident compensation against another driver if you were driving the Garda car in question and the carelessness of the negligent driver had caused the accident in which you were injured. However it is also possible that the negligence of a Garda was responsible for causing the accident and injury, in which case a claim can be made against the insurance policy of the Garda Siochana.
It is also possible that – as a member of the Gardai – you had sustained an injury because of faulty mechanics of the car you were driving, in which case your employers may have been negligent by failing to have the car serviced and against whom a claim for Garda car accident will be made. There are many other scenarios in which other parties may have been liable for your injury after a Garda car accident, and you are advised to consult a personal injury solicitor at the earliest opportunity to help determine liability.
Having your Garda Car Accident Compensation Claim Assessed
Once liability can be determined for your injury, Garda car accident claims can be assessed by the Injuries Board. This can be initiated by filling in Injuries Board Form A either through the post or online (although only through the post for claims involving children), and Form B which includes details of your injury after a Garda car accident as assessed by your doctor. The Injuries Board will seek consent from the party you determine to be liable for your injury to assess your claim, and determine how much compensation for Garda car accident you should be entitled to claim.
If this consent is provided, an assessment is performed by the Injuries Board regarding your Garda car accident compensation and a figure provided to you and the negligent party when this is completed. If the consent is withheld – or the results of the assessment is disputed – an authorisation to resolve your claim for Garda car accident through the court system is provided and the Injury Board’s involvement will come to an end.
How Much Compensation for Garda Car Accident
The compensation to which you are entitled for your Garda car accident claims will be determined by the specific circumstances of your accident and injury – meaning no two compensation amounts will ever be identical. This will begin with compensation for General Damages which will consider the nature of your injury after a Garda car accident, its severity and whether it will have long-lasting impact; this figure is then adjusted to consider your age, general state of health prior to your accident and – in some circumstances – your gender. Your compensation for Garda car accident will then continue with special damages, providing you with compensation for any quantifiable expenses you have incurred because of your accident – such as medical costs – as well as compensation for any income you have lost because of missing work.
A claim for Garda car accident will also consider the Loss of Amenity you have suffered because of your accident, which can include compensation for being unable to perform everyday tasks which formed part of your regular routine or being unable to partake in social or leisure activities you would have normally enjoyed. Finally your Garda car accident compensation will also include compensation for any psychological trauma you have endured because of your accident, which must first be verified by a qualified psychiatrist.
Third Party Capture with Garda Car Accident Claims
It is possible that even after liability has been admitted for your Garda car accident claims, your claim may still be damaged by Third Party Capture. This occurs when an insurance company directly offers you compensation for Garda car accident – sometimes before you have even considered making a claim. However tempting such an offer to settle your claim for Garda car accident appears to be, they should not be immediately accepted as there is a danger of being undercompensated.
These offers are often made with the intention of saving money for the insurance company, and not about ensuring that you receive a fair amount of Garda car accident compensation. This means there is a danger that you will not receive sufficient compensation to tend to your injury after a Garda car accident and as you will not be entitled to seek further compensation for your injury, you are advised to consult a solicitor immediately upon receiving such offers.
Claim for Garda Car Accident: Summary
While making a claim for Garda car accident can be achieved, it is not always an easy process and is best done with the assistance of a personal injury solicitor. A solicitor can offer you professional legal representation on your behalf, assist in gathering evidence and advise on whether your Garda car accident compensation claim is worth pursuing. By engaging the services of a solicitor, you are also greatly increasing the likelihood that you will receive your full entitlement of compensation for Garda car accident.
It should also be noted that as per the Statute of Limitations, you will have two years in which to make a claim following your injury after a Garda car accident. For this reason, you are advised to consult a personal injury solicitor without delay following your accident, and to increase the likelihood that your Garda car accident claims may be successful.