Daily Archive March 20, 2019
What to do after a personal injury accident in Ireland
Irish personal injury compensation claim solicitors : The three types of personal injuries mentioned above are the most common, but a personal injury claim need not be the result of an immediate physical injury sustained in an accident. Symptoms of whiplash can manifest many days after a person has been involved in a road traffic accident, industrial diseases cause by the inhalation of hazardous airborne substances may not become apparent for many years and brain damage sustained in a slip and fall accident could also take many years to manifest.
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.
As laid out in the Courts and Civil Liability Act 2000, the Statute of Limitations in Ireland for personal injuries is the timeframe in which an injured party can order legal proceedings against the criminal or negligent party. Those potential plaintiffs, according to the most recent amendment of the Statute of Limitations Ireland Act (2004), must initiate a claim for compensation within two years of the date of knowledge of their injuries. However, there are numerous exceptions to this rule – for example, claims involving medical negligence or children do not adhere to this two-year regulation. See more info at Introduction to personal injury compensation claims Ireland.
In Ireland, the Statute of Limitations serves to limit the period of time after an accident occurs, or the injured party is made aware of injuries, for which a plaintiff can make a claim for compensation. In most cases, the Statute is a period of two years from that date of knowledge, although when exactly is considered the “date of knowledge” can vary depending on the nature of the injury or the personal circumstances of the claimant. With the Statute of Limitations in mind, it is advised that those seeking compensation contact legal counsel as soon as possible after an accident occurs. This allows for adequate time to initiate court proceedings or file with the Injuries Board.
Contributory negligence only applies to personal injury claims in which it can be proven that the injured party in some way caused or worsened their accident or subsequent injuries. Not only does this affect the normal procedures for seeking compensation by preventing the Injuries Board Ireland from conducting an assessment of the accident, it can also reduce the compensation settlement to which the injured party is entitled. As negotiations can be particularly complicated in these instances, it is vitally important that those seeking compensation for personal injuries in Ireland consult a solicitor as soon as possible after their accident. Read more details at http://www.personal-injury-ireland.com/.
Though there is a lack of clear and relevant statistics concerning work injury compensation claims made in Ireland, annual figures released by the Injuries Board Ireland would suggest that there are approximately one thousand claims made each year. However, it is important to note that there is no way to distinguish between injuries caused by employer negligence and other accidents when looking at many of the statistics provided. Despite the unclear data, one notable trend is the reduced number of fatal accidents at the workplace each year. This could be attributed to the general decline in what would have traditionally been the most dangerous industries – construction, fishing and agriculture – though recent improvements in health and safety practices have also helped the decline. However, in contrast to this positive trend, an increased number of sick days are being claimed by employees. There are many theories as to why this could be the case – employees may be more stressed, leading to stress-induced injuries, or the businesses may have lowered maintenance standards and put the health of their employees at stake.
It is important to speak to a solicitor as soon as possible after an accident occurs; the Injuries Board Ireland have unclear guidelines outlining what exactly is considered a “special damages cost”. As such, without guidance, the claimant may invoke an expense that he or she may not be able to reclaim when seeking compensation. However, this should not prevent treatment, but rather influence other associated costs. The solicitor will ask for evidence of the long-term impacts of the injury, including how it has impacted the victim’s life and employment prospects. He or she will then ask for a review of the costs already incurred by the accident, as well as any current and projected costs. The solicitor will then advise their client on what expenses they can claim under special damages. These damages will then be submitted to the Injuries Board Ireland, alongside the personal injuries claim. Read extra details on http://www.personal-injury-ireland.com/hit-and-run-accident-compensation/.
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