Introduction to personal injury compensation claims Ireland : A further element of a personal injury compensation claim is “special damages”. This is basically “out-of-pocket” expenses, but can also include loss of earnings if you are temporarily unable to work or if you have to give up work permanently because of your injury. Your solicitor will advise you to keep a diary after sustaining a personal injury to record any loss of amenity and medical treatment you receive. You should also use this diary to save receipts for any expense you have experienced which is directly due to your personal 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.

As laid out in the Courts and Civil Liability Act 2000, the Statute of Limitations in Ireland for personal injuries is the timeframe in which an injured party can order legal proceedings against the criminal or negligent party. Those potential plaintiffs, according to the most recent amendment of the Statute of Limitations Ireland Act (2004), must initiate a claim for compensation within two years of the date of knowledge of their injuries. However, there are numerous exceptions to this rule – for example, claims involving medical negligence or children do not adhere to this two-year regulation. See more info on Personal injury claims in Ireland.

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.

Contributory negligence only applies to personal injury claims in which it can be proven that the injured party in some way caused or worsened their accident or subsequent injuries. Not only does this affect the normal procedures for seeking compensation by preventing the Injuries Board Ireland from conducting an assessment of the accident, it can also reduce the compensation settlement to which the injured party is entitled. As negotiations can be particularly complicated in these instances, it is vitally important that those seeking compensation for personal injuries in Ireland consult a solicitor as soon as possible after their accident. Read extra info 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.

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 info on http://www.personal-injury-ireland.com/car-accident-claims-in-ireland/.