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.
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.
However, it is still possible for the child to receive compensation without waiting until adulthood. If a parent or guardian for the minor acts as his or her “next friend”, they can make a claim on the child’s behalf. This has its advantage, as it allows for delays in proceedings, but also enables the collection of fresher – and hence more reliable – evidence. See more info on Car accident claims Ireland.
Once adequate time has been provided by the claimant to their solicitor to initiate legal proceedings, the Statute of Limitations should not affect one’s entitlement to compensation. There are, however, some crucial dates involved in the calculation of the Statute of Limitations for personal injuries in Ireland.
The aforementioned example – where a driver was assigned contributory negligence for failing to observe safety laws and wear a seatbelt – is perhaps the most common instance in Ireland where the claimant is assigned a portion of the liability. However, there are many other such instances that would lead to a reduction in compensation for the injured party. These include, though are certainly not limited to, the following: accidents as a result of a failed brake light; work accidents where the employee have not engaged in adequate preventative measures (such as wearing protective equipment supplied by their employer) and exacerbating an injury as the result of an accident by failing to seek prompt medical help. See 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.
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 more info at http://www.personal-injury-ireland.com/work-injury-claims-ireland/.
When you work for an employer, irrespective of your occupation, he has a legal obligation under regulations laid down in various Health, Safety and Welfare at Work Acts to provide a safe environment for you to work in. His responsibilities include making a risk assessment of any job you are required to undertake, provide adequate training to enable you to do the job safely and ensure any tools or equipment that you use in the execution of the task are maintained to an appropriate standard.
While it is important to have an attorney that you can trust, it is equally important that he or she has extensive experience in the area of law for which you require their services. For example, you should you use an attorney with estate planning experience to draft your will, a divorce attorney to draft divorce papers and a trial lawyer to defend you in a criminal case. General practitioners are good for basic real estate transactions, or other non-complex matter, but their lack of detailed knowledge and experience in a given field can hurt your case.
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