How to claim Personal Injury Compensation after a Road Traffic Accident Ireland
Compensation claims are not always resolved by the Injuries Board, although it is recommended that an application for assessment is submitted to them. Many claims are actually resolved by the solicitor of the injured party and the insurance company of the negligent driver. Negotiated settlements can be the quickest and simplest way of settling car accident claims for the maximum entitlement of compensation and most solicitors will suggest this course of action.
How compensation is calculated is dependent upon the extent/severity of your injury in relation to your age and general state of health prior to the accident. A claim can be made for any quantifiable psychological trauma due to the nature of the car accident and the effect that your physical and psychological injuries have on your quality of life. You may be able to recover any lost income or financial costs which are directly attributable to the car accident.
An element that may restrict how much compensation you receive is if you contributed to the cause of the accident or the severity of your injuries by lack of your own care, e.g. not wearing a seatbelt, or failed to seek medical attention at the first possible opportunity and an avoidable deterioration of your injury resulted, you will be attributed with a percentage responsibility. This percentage will be reduced from your settlement of car accident compensation to reflect your contributory negligence.
You may not receive your full entitlement to car accident compensation is if you accept a direct offer of compensation from the negligent party’s insurance company without first having the offer assessed by an experienced personal injury solicitor. Most often insurance companies will make approaches directly to injury victims when they are at their most vulnerable in an attempt to elicit a settlement of car accident compensation in their favour. if you inadvertently accept an insurance company’s offer and it subsequently proves to be inadequate to pay for medical treatment or support your family while you’re unable to work you cannot go back to the insurance company and ask for more. You can avoid potentially harmful consequences if you firstly seek out appropriate legal advice.
Examples of Road Traffic Accident Compensation Awards (The Injuries Board)
Person ‘w’ was awarded €35,000 in compensation after he was struck by a car while crossing a road near his home. Having suffered head trauma, as well as lacerations and soft tissue injuries to his shoulder and elbow, he was unable to work for six months.
Person ‘x’ sustained severe head and neck injuries when the car in which she was a passenger, went out of control, hit a wall and flipped over a number of times. her case was awarded €230,000.
Person ‘y’ was travelling home from work on a mini-bus when it was rear-ended whilst stopped at traffic lights. He suffered soft tissue injury to his neck and back and was out of work for a period. He was awarded €13,600 in compensation.
Person ‘z’ was in a line of traffic when another vehicle hit her from behind. She suffered soft tissue damage to her neck and shoulders, and had difficulty driving for weeks following the accident. She received €8,500 for pain and suffering and also received €2,400 to cover the cost of repairs to her vehicle.
How to claim Personal Injury Compensation
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.