What to do after a personal injury accident in Ireland : Determining that an injury has occurred — either physical or psychological — can be proven by the victim´s medical records. However, establishing liability for the injury can often be complicated when negligence is disputed or a counter claim is made that the victim contributed to their injuries by their own lack of care. Most claims for personal injury compensation are resolved without the need for litigation in court, but your solicitor will always prepare the strongest possible personal injury claim on your behalf in case court action is required to obtain a fair settlement.
Often accident victims are unaware of how much compensation can be claimed as special damages, and as a result the personal injury compensation amounts that are recovered could be lower when legal advice has not been sought. A solicitor will ensure that all costs and expenses — including future costs if known — are included on your claim form under special damages. A solicitor will also arrange for your injuries to be thoroughly assessed by specialist doctors. This is important as your claim must be accompanied by a medical assessment form (Claim Form B). If your medical assessment form does not contain details of all aspects of your injuries – including minor injuries such as cuts and bruises — you will not be able to recover your full entitlement to compensation.
Should someone under the age of eighteen want to pursue a claim for personal injury compensation, it is important to recognise that the Stature of Limitations for personal injuries proceeds from child’s eighteenth birthday. Once the injured party reached the age of eighteen, this is considered their date of knowledge, and after this point they have two years to go to court or file with the Injuries Board. See more info at Personal injury informations for Ireland.
In the case of misdiagnoses of illnesses, the date of knowledge is considered to be the date on which the correct diagnosis was made. Additionally, in claims involving forgotten medical instruments (e.g. the patient has awoken from a surgery with a medical instrument left inside them) or the deterioration in condition as a result of a prior condition are also considered to be exceptions to the normal application of the Statute of Limitations.
If and when contributory negligence has been assigned to a claimant in the Irish courts, a percentage is used to signify the degree to which they contributed to the incident. For example, if in a car accident during which a pedestrian was hit by a passing vehicle, a judge may assign 40% contributory negligence to the pedestrian if it was determined that they had been acting carelessly and, as such, helped cause the accident. Read extra details at http://www.personal-injury-ireland.com/.
Workplace compensation claims can differ substantially from other, more straightforward personal injury claims. One unique factor is the claimant’s employment status – many potential claimants believe that they are “employed” when his or her accident happens when in fact they are an agency worker, self-employed, sub-contracted or a relation of the employer. In 2009, thirty percent of “employed” claimants did not actually fall into that category. This does not affect the claimant’s right to compensation, though it does mean that they will likely be making a claim against someone other than the original plaintiff. The employer may accuse their injured employee of contributory negligence, which again complicates the process of receiving compensation. The employer’s insurance company will probably approach the injured party with a settlement of compensation that will likely be inadequate for the injuries sustained, so it is important to consult with a solicitor before the settlement is considered.
In Ireland, special damages for personal injuries are additional components of a personal injury settlement that results from a claim made through the Injuries Board Ireland. Their primary purpose is to compensate for expenses that were a direct result of the accident for which one is claiming, including losses in earnings that may have resulted from the incident. However, for special damages to be added to a compensation settlement, there mist be appropriate receipts and invoices submitted to corroborate the claim. This may entail showing proof of medical treatment, vehicular damage and corresponding alternate transport costs, etc.. Should the claim involve the death of a loved one, the family may claim for funeral costs under special damages. See extra details on http://www.personal-injury-ireland.com/hit-and-run-accident-compensation/.