Personal injury compensation is a payment you receive when you have sustained a personal injury due to somebody else´s negligence or lack of care. There are many ways in which somebody can be liable for your injuries, with the most common personal injury compensation claims being for injuries sustained in road traffic accidents, at work or due to slip, trip or fall. Although many personal injury claims are often straightforward and resolved quickly, it is always in your best interests to use the services of an experienced personal injury claims solicitor to ensure you receive a fair and adequate settlement of personal injury compensation.
Qualifying for Personal Injury Compensation
In order to make a successful personal injury compensation claim you must have sustained an injury and it must be due to the negligence of somebody who had a duty of care towards you. Other road users have a duty of care when driving their vehicles to ensure that they drive safely, within speed limits and paying due care and attention to road signals and other road users. Employers also have a duty of care to ensure that they provide their staff with a safe environment in which to work, and shops, bars, restaurants and other places with public accessibility have a responsibility to protect the public from danger.
Injuries in personal injury compensation claims need not be from a physical accident. Some industrial injuries can be acquired over a period of time, and food poisoning from a restaurant would also be categorised as an acquired injury, rather than one which was caused by a violent physical impact. Personal injury compensation can also be claimed in cases of clinical negligence – where a medical practitioner has a duty of care towards you – and a different set of procedures apply in the event that you have been injured by a medical practitioner, or where children are the victim of a personal injury.
Claiming Personal Injury Compensation
In most circumstances, claims for personal injury compensation are made to the Injuries Board Ireland – clinical negligence cases being the exception. Personal injury compensation claims have to be submitted with medical notes made by your doctor and any relevant accident report – for example, one made by the Gardai or in your employer´s “Accident Report Book”. The Injuries Board Ireland will assess your claim for personal injury compensation based on an independent medical examination and the Book of Quantum – a publication which lists injuries and their “values” – provided that the party that was negligent in your injury admits liability.
When you make a claim for personal injury compensation, you are entitled to include amounts of special damages to compensate for any expenses you have incurred as a direct result of your injury or to replace any earnings you may have lost should your injuries have prevented you from working. These special damages also include the costs of any ongoing medical care or physical therapy you may have to pay in the future – so it is important that this area of the application form for personal injury compensation is completed comprehensively.
Solicitors and Personal Injury Compensation
It is better to seek the counsel of an experienced personal injury solicitor at the very beginning of your claim for personal injury compensation. A solicitor will prepare the strongest case possible on your behalf to submit to the Injuries Board Ireland, and will also be prepared to advise you in the event that the negligent party denies his responsibility for your injuries, or claims that you contributed to them by your own lack of care. These are reasons for the Injuries Board Ireland to decline your application for personal injury compensation and issue you with an authorisation to pursue your personal injury compensation claim in court.
Litigation may also be required if the Injuries Board Ireland produces an assessment which is inappropriate to your injuries or is challenged by the negligent party. It will definitely be needed in the event of personal injury claims for clinical negligence – which the Injuries Board Ireland regard as a matter determined by medical opinion rather than tangible injury. You will also need legal representation in claims for personal injury compensation which involve children, as compensation settlements have to be approved in court before payment will be made.
Free Personal Injury Compensation Claims Advice
The above information mentions just a few of the instances in which you are entitled to claim personal injury compensation and just some of the hurdles you may have to overcome in order to receive it. If you would like an individual assessment of your personal injury compensation claim, you are invited to call . Our free personal injury compensation claims advice service will enable you to discuss your case with an experienced personal injury claims solicitor, receive practical advice and establish whether you have a personal injury claim which is worth your while to pursue.
There is no obligation on you to proceed with a personal injury compensation claim once you have spoken with us, and all calls to our free claims advice service are completely confidential. Indeed, if you have been injured in an accident at work and are apprehensive about making a personal injury compensation claim against an employer, using our service is the best way to avoid a potentially awkward confrontation in the workplace. We look forward to hearing from you soon.