Typical personal injuries : There are many different reasons why an individual may be entitled to claim personal injury compensation. They could be an injured driver or passenger in a road traffic accident, a person who sustains an injury at work or somebody who slips on a wet surface in a shop and sustains an injury as they fall. In all these cases, two conditions have to be fulfilled in order for a personal injury compensation claim to be successful — the victim must have sustained some form of injury and there must be a negligent party whose lack of care was responsible for the injury.
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.
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 How much is my injury claim worth?.
Another critical exception entails those who have a cognitive or other related disability which prevents them making a claim for compensation. In these situations, the Statute of Limitations is applied from the date on which they are considered able to make a claim, even though the statute may have expired under other circumstances.
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 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.
The first priority is always health and safety: ensuring that anyone injured in the accident receives prompt medical attention is more important than anything else in the immediate aftermath of a car accident. Even if the injuries do not warrant an ambulance, it is still highly advisable to visit an accident and emergency department or other medical center for an examination. This serves a dual purpose: it both mitigates any lasting damage and, as such, helps to prevent chronic illnesses, but it also increases the likelihood of recovering compensation. If there is a large gap between the date of the accident and the date on which you sought medical attention, this could cause a huge decrease in the amount of compensation you can receive. It could be contested that the injuries were caused by an intervening event, or that the damages that occurred would not have come about had immediate medical attention been sought. See extra info on http://www.personal-injury-ireland.com/work-injury-claims-ireland/.