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You may be entitled to make a claim for a personal injury if you were involved in an accident or put in a situation that lead to an injury that was not your fault. Walsh and Partners LLP handles personal injury claims in Cork, Midleton, Dublin and nationwide.
Making a claim for a personal injury:
In the majority of cases it is necessary to seek legal advice prior to seeking a claim for a personal injury. In Ireland, all injury claims are initially assessed by The Injuries Board. This will include any information provided by your doctor or a medical professional appointed specifically by The Injuries Board. Any potential compensation awarded will be determined by the circumstances that lead to your injury as well as the severity of the injury you have experienced. In some instances your case could be referred to the courts. This occurs when the respondent does not agree to an assessment by The Injuries Board or in instances where the amount awarded is disputed by either party. All applications for compensation claims in Ireland have to made through The Injuries Board. It is not possible to go directly through the court system without first obtaining the necessary permissions from the board.
Claims for personal injuries can include but are not limited to:
(a) Inappropriate speed. This can include when a driver is driving over the speed limit or in a manner that is not in keeping with the driving conditions at the time.
(b) Driving under the influence of either alcohol or drugs (this includes prescription medication).
(c) Impaired driving due to fatigue.
(d) Non-compliance with seat belt regulations and child safety guidelines.
(e) Pedestrians, motorcyclists, cyclists, young children and the elderly who have experienced unsafe behaviour on our roads.
The above-mentioned accidents are just some of the road traffic injuries we see every day in Ireland and these naturally result in thousands of road traffic accident claims every year.
Step by Step: How to make a personal injury claim:
1. The very first thing you should do is get in touch with a solicitor who has experience in personal injury claims. Your solicitor will talk you through the process of the claim and can give you a rough idea of any entitlements.
2. Ask your solicitor to assist you with the claim application form and the compilation of any necessary supporting documentation. You may require medical reports, images, accident reports or other documentation to support your claim. The more detailed information your claim contains, the easier it will be for The Injuries Board to process your claim in an efficient manner.
3. Once your application form has been filled out and all supporting evidence has been gathered, your claim should then be sent to The Injuries Board. This will need to be received by The Injuries Board within three months of your accident.
4. The Injuries Board will notify the Respondent of your claim.
5. The respondent (in most cases represented by an insurance company) will agree to the assessment by the Injuries Board.
6. You may be requested to take part in an independent medical assessment. (This will be arranged by The Injuries Board.)
7. The Injuries Board will determine the amount of compensation to be awarded.
8. Both the claimant and the respondent will need to accept the compensation amount in order to finalise the personal injury claim. Where either party rejects the amount assessed by the Injuries Board, the amount will then be referred to the courts to decide.
Disclaimer: Whilst every care has been taken to provide accurate information in the articles above, Karen Walsh (Solicitor) does not accept responsibility for any omissions or errors howsoever arising. You should always seek legal advice prior to making a personal injury claim.
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