Had An Accident?
HAVE YOU HAD AN ACCIDENT?
If you have sustained injuries as a result of the negligence or misconduct of another person, you have a valid claim for compensation. Such injuries can arise in a variety of circumstances, the most commonly known being road traffic accidents, accidents at work and accidents in public places. An injured person can only ensure that he or she receives full and proper compensation when advised by a solicitor. Experience has shown that to get the full amount of compensation properly due to you, it is essential that you consult a solicitor who is experienced in handling such claims. Such a solicitor should be consulted as soon as possible after the accident when the circumstances giving rise to the action are fresh in the mind of the injured party and any potential witnesses. Your solicitor will advise you on the following:
1/ Have you a claim
2/ The correct party against whom you have your claim
3/ What investigations or inspections may be necessary to prove your claim.
4/ What witnesses need to be interviewed immediately
5/ How your injuries should be assessed and how you should be properly examined by medical advisors.
6/ How much your claim may be worth.
The Solicitor will also ensure that a proper letter of claim is issued within the two months prescribed by the Civil Liability Act 2004 or as soon as practicable thereafter.
Many of you will notice that in recent years, there has been a campaign against people who suffered personal injuries based on suggestions that these claims are, if not fabricated, at the least exaggerated. I have been handling claims for over 30 years and this experience has shown that Claimants were genuine in all cases and were fully entitled to the compensation they received.
The biggest changes that I have come across in the area of personal injuries in the last ten years are the introduction of the Injuries Board and the direct approach by insurance companies to the injured party, sometimes within days of the accident, in an endeavour to settle claims without the injured party receiving any legal or medical advice in relation to the potential value of their claim.
Firstly, in relation to the Injuries Board, despite what people think the Injuries Board will only assess damages in respect of a claim for personal injuries where both parties agree to such an assessment and where the injuries are not of a long duration and do not have a serious psychiatric element to them. Assessment however does take some considerable time to be completed and in this respect the time-lines that must be achieved by the Injuries Board are as follows:
In respect of the direct approach by Insurance Companies, people who are injured in an accident are entitled to be compensated; it is the law and their right. Insurance Companies should not make people feel guilty or wrong for making a claim under the correct circumstances. Accepting damages from an Insurance official directly without the advice of a Solicitor is perfectly legal but is fraught with danger and not a very advisable way of dealing with your claim. You, the injured party, can have no idea of the value of your claim at such an early stage. In most cases where the Insurance Official has arrived at the house of the injured party, they attempt to settle the case when such a party is at their most vulnerable and where no medical evidence has been obtained to assess damages. Once a case has settled, it is difficult to set that settlement aside despite the fact that your injuries might prove to be much more serious. Beware then of settling your case too soon and without proper medical evidence. Your injuries may be worth much more than you envisaged.
Investigation of an accident as soon as possible afterwards is very necessary and important, particularly in serious accidents. There may very well be more than one party at fault and it may be essential to obtain inspection facilities as soon as possible and have an engineer examine the scene of the accident before changes are made to the accident location. You, the injured party, are entitled by law to examine the accident location and have your rights protected. You can help very much in this respect. If you were conscious when you had the accident, try and assess your situation, take photographs with your mobile phone and get the name and number of as many witnesses as possible at the scene of the accident who may be able to assist you. If you are seriously injured, the Gardai usually carry out a full investigation and their report will be available to your solicitor at a later stage.
It is important to note that a claim for personal injuries must be brought within 2 years of the injury having occurred. The 2004 Civil Liability Miscellaneous Act changed the period within which to bring a claim from 3 years to 2 years. After 2 years, your case becomes statute-barred.
You will no doubt know from the contents of this article that I feel very strongly about injured parties being properly compensated for the injuries sustained in an accident. I have decided therefore that our offices will run a free advice clinic in relation to accident claims every Monday morning in both the Drogheda and Ashbourne Offices.
If you wish to obtain an appointment to attend these clinics, please contact the offices at:
Ashbourne, telephone number 01 8352 027
Drogheda, telephone number 041 9838 708
or use our online contact form
If you have sustained injuries as a result of the negligence or misconduct of another person, you have a valid claim for compensation. Such injuries can arise in a variety of circumstances, the most commonly known being road traffic accidents, accidents at work and accidents in public places. An injured person can only ensure that he or she receives full and proper compensation when advised by a solicitor. Experience has shown that to get the full amount of compensation properly due to you, it is essential that you consult a solicitor who is experienced in handling such claims. Such a solicitor should be consulted as soon as possible after the accident when the circumstances giving rise to the action are fresh in the mind of the injured party and any potential witnesses. Your solicitor will advise you on the following:
1/ Have you a claim
2/ The correct party against whom you have your claim
3/ What investigations or inspections may be necessary to prove your claim.
4/ What witnesses need to be interviewed immediately
5/ How your injuries should be assessed and how you should be properly examined by medical advisors.
6/ How much your claim may be worth.
The Solicitor will also ensure that a proper letter of claim is issued within the two months prescribed by the Civil Liability Act 2004 or as soon as practicable thereafter.
Many of you will notice that in recent years, there has been a campaign against people who suffered personal injuries based on suggestions that these claims are, if not fabricated, at the least exaggerated. I have been handling claims for over 30 years and this experience has shown that Claimants were genuine in all cases and were fully entitled to the compensation they received.
The biggest changes that I have come across in the area of personal injuries in the last ten years are the introduction of the Injuries Board and the direct approach by insurance companies to the injured party, sometimes within days of the accident, in an endeavour to settle claims without the injured party receiving any legal or medical advice in relation to the potential value of their claim.
Firstly, in relation to the Injuries Board, despite what people think the Injuries Board will only assess damages in respect of a claim for personal injuries where both parties agree to such an assessment and where the injuries are not of a long duration and do not have a serious psychiatric element to them. Assessment however does take some considerable time to be completed and in this respect the time-lines that must be achieved by the Injuries Board are as follows:
-
When first notified of a claim by you, the Respondent has 90 days to confirm whether or not they consent to an assessment;
- When all the documentation by way of a medical examination, reports, expenses etc. are completed by the Claimant and the Respondent, the Injuries Board have a total of 9 months thereafter within which to assess a claim and in certain exceptional circumstances this period can be extended by a further 6 months;
In respect of the direct approach by Insurance Companies, people who are injured in an accident are entitled to be compensated; it is the law and their right. Insurance Companies should not make people feel guilty or wrong for making a claim under the correct circumstances. Accepting damages from an Insurance official directly without the advice of a Solicitor is perfectly legal but is fraught with danger and not a very advisable way of dealing with your claim. You, the injured party, can have no idea of the value of your claim at such an early stage. In most cases where the Insurance Official has arrived at the house of the injured party, they attempt to settle the case when such a party is at their most vulnerable and where no medical evidence has been obtained to assess damages. Once a case has settled, it is difficult to set that settlement aside despite the fact that your injuries might prove to be much more serious. Beware then of settling your case too soon and without proper medical evidence. Your injuries may be worth much more than you envisaged.
Investigation of an accident as soon as possible afterwards is very necessary and important, particularly in serious accidents. There may very well be more than one party at fault and it may be essential to obtain inspection facilities as soon as possible and have an engineer examine the scene of the accident before changes are made to the accident location. You, the injured party, are entitled by law to examine the accident location and have your rights protected. You can help very much in this respect. If you were conscious when you had the accident, try and assess your situation, take photographs with your mobile phone and get the name and number of as many witnesses as possible at the scene of the accident who may be able to assist you. If you are seriously injured, the Gardai usually carry out a full investigation and their report will be available to your solicitor at a later stage.
It is important to note that a claim for personal injuries must be brought within 2 years of the injury having occurred. The 2004 Civil Liability Miscellaneous Act changed the period within which to bring a claim from 3 years to 2 years. After 2 years, your case becomes statute-barred.
You will no doubt know from the contents of this article that I feel very strongly about injured parties being properly compensated for the injuries sustained in an accident. I have decided therefore that our offices will run a free advice clinic in relation to accident claims every Monday morning in both the Drogheda and Ashbourne Offices.
If you wish to obtain an appointment to attend these clinics, please contact the offices at:
Ashbourne, telephone number 01 8352 027
Drogheda, telephone number 041 9838 708
or use our online contact form