PERSONAL INJURY CLAIMS – CRITERIA AND PROCESS
Personal Injury Solicitor- Personal injuries are sustained in numerous ways, from an accident at work to a road traffic accident. We at Walsh and Partners solicitors are experts in the field of negotiating successful outcomes to many compensation claims.
Personal Injury Claims Process
Firstly it is important to note that in Ireland, all claims are directed through the injuries Board. A Government body which makes personal injury awards.
It is vitally necessary to contact an expert personal injury lawyer to take the hassle from the process. It requires expertise and experience and quite often can be a delicate process.
If injury prevents you from working or restricts your enjoyment of life in anyway, a claim for damages may be an option. You first need to answer important questions before deciding upon legal action.
- Did you suffer an injury due to someone’s misconduct?
- Did your employer put in place sufficient protocols to avoid an injury?
- At the time of the accident, did someone owe you a duty of care?
- What is a duty of care?
- Whose fault is it?
- How much will my claim be worth?
A claim may arise if an individuals actions cause harm to you or if he/she was negligent in behavior.
If you are an employee who has suffered an injury at work and certain steps which would be reasonably expected to have been put in place in order to prevent an accident or injury occurring than you maybe able to claim against your employer.
An important question to ask yourself whenever a potential claim is being discussed, is whether the person who caused the injury or allowed the injury to occur i.e. an employer owed a duty of care in the circumstances to you, the injured party; if yes, than your claim will automatically be elevated to a stronger position as logically, the injury should not have happened.
A duty of care is a responsibility owed by a person, employer or organisation to another. An employer owes a duty of care to his/her employees to ensure that there is a safe work environment.
If a plaintiff suffers an injury at work, whose fault is it? it may have been sustained during the normal course of work, this injury may not directly be the fault of the employer but there is the possibility to shift responsibility if a duty of care can be established under the rules of employer’s liability.
Should I Contact a Personal Injury Solicitor?
Each individual case is decided on its own merits and any potential claim will take into account all the circumstances of that particular case.
Secondly, the claims process can be a long and rigorous process. The Court will not award a claim over night and can quite often be a long process beginning with the PIAB procedure. It is therefore important to seek the services of an expert personal injury solicitor with the relevant experience in the area. We provide this service here at Walsh and Partners Solicitors. Contact us immediately and will will discuss the avenues available to bring your case forward.
See walshandpartners.ie/blog for more on Personal Injury claims!!