Irish personal injury compensation claim solicitors : 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.
Although it is not mandatory to use a personal injury solicitor to prepare and pursue personal injury claims, most plaintiffs in Ireland choose to pursue compensation with professional legal representation. Although your case will not be guaranteed to be successful if you use a solicitor, it will help to ensure that your claim runs smoothly so you can recover any compensation you are entitled to in the shortest possible time frame. You stand to benefit considerably by seeking legal advice before you proceed with your claim and most personal injury solicitors offer a claim assessment without charge or obligation. We therefore recommend seeking legal advice before you initiate your claim for a personal injury.
In most cases, the date of knowledge for personal injury claims in Ireland is the date on which the claimant sustained their injury. However, it is important to note that not all injuries may become immediately apparent. Any injuries that are a result of an accident, though took time to come to light, are considered to have their “date of knowledge” as when they were diagnosed. Read more details on What to do after a personal injury accident in 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.
In cases where it is clear that the injured party had a role to play in their accident, the process of application to the Injuries Board is altered. Upon receiving an application for assessment in personal injury claims, the Injuries Board Ireland writes to the “respondent” (the accursedly negligent party) to investigate whether or not they concede liability. However, if the respondent does not believe themselves solely liable for the accident, they will refuse to admit full liability. Read more details at http://www.personal-injury-ireland.com/.
Perhaps understandably, many people who have been injured whilst at work are hesitant to claim compensation lest it lead to unemployment, lack of job security or strained workplace relations. Ireland has established laws that protect employees from dismissal in such circumstances, though this can sometimes do mediate the worries of a confrontation in the workplace. Additionally, though many employers will be compassionate to a degree and be concerned that someone has been injured whilst in their employ, they may be reluctant to allow any subsequent safety checks. Some victims may be concerned that they will bankrupt their employer or cause a pay-cut for other employees. However, should a claim result in a settlement, it will be paid by the employer’s public liability insurers, not the employer themselves.
Many car accidents have no one driver to whom all fault can be attributed: sometimes, the accident is caused by unsafe road conditions. In the majority of these cases, liability can be attributed to the local council, though there are instances in which utilities companies or private land owners are at fault. Local councils have a “duty of care” towards its residents, meaning that they have to ensure that road conditions are safe. However, this is not absolute: if a road hazard suddenly appears, and then an accident occurs, it is likely that the council could not have been expected to correct the hazard if the time period was sufficiently short. Read more details on http://www.personal-injury-ireland.com/personal-injury-special-damages-ireland/.