Our personal injury solicitors team understand that the claims procedure can be sometimes hard to understand. Below are some frequently asked questions that may answer some of your questions.
Can I claim for accident compensation or other work related diseases?
If you have suffered an injury or an accident which was not your fault, you may be able to make a claim for the pain and suffering caused to you together with any losses, such as medical costs or loss of earnings. You will need to prove your injury, illness or disease was caused as a result of the negligence of the other party i.e. the driver, employer, local authority etc.
What factors contribute to accidents at work?
These include instances where an employee has received inadequate training for a job, there may have been a lack of safety equipment provided by the employer or there may have been faulty or dangerous machinery involved.
What types of illness or disease can result from an accident at work?
An example is where an employee is exposed to a potentially harmful substance such as asbestos. If they have developed an illness or disease from being in contact with the substance, they may be able to bring an injury claim for compensation.
Other incidents that may give rise to a claim include accidents at work, car accidents, sports injury, travel accident, health issues such as food poisoning, motor sport accident.
How long do I have to make an accident, injury or disease claim?
The proceedings in accident and personal injury claims should be started within 2 years of the date of the accident. This period is also referred to as the limitation period however, in some circumstances the deadline would start to run from when the injury was identified rather than the date of when the accident occurred. This is also the case where the claimant is suffering from a mental disability or is under 18 years of age. Cases involving diseases which take a long time which develop after the initial exposure, e.g. with asbestos cases you have two years from the date you first knew about your condition and that it was linked to work to make a personal injury claim.
Why should I choose an experienced accident / injury and disease compensation solicitor?
It is important to choose a solicitor who has specific experience in dealing with accident/injury or disease claims. Experienced solicitors in personal injury matters will be able to advise you whether you have a valid claim. If you do have a valid claim and decide to instruct us to deal with it we will ensure that the process is simple for you and will assist you on a step by step basis.
How long will the process take?
This will depend on the scale of your medical recovery. In cases where injuries will be ongoing, it is not advisable to settle a claim at an early stage should further complications develop. Once a case is settled it is not possible for it to be reopened at a later stage.
What information will be required from me if the case is not dealt with by the Injuries Board?
Where Liability continues to be an issue and either party has not accepted any assessment by the Injuries Board an authorisation will issue from the Injuries Board enabling you to take a case to Court. The procedure is as follows:
When taking a case to Court it involves drafting the Personal Injury Summons and issuing the proceedings. An Appearance is entered by the Defendants, Notice for Particulars (this is a series of questions concerning your case including how the accident happened, the nature of the injuries, details of witnesses, any loss of earnings or out of pocket expenses and the treating names of doctors etc). When the Defence is delivered, the Notice of Trial is then served and a hearing date can be obtained.
About the Injuries Board
The Injuries Board is an independent body which was set up under the Personal Injuries Assessment Board Act 2003. It provides assessment of personal injury compensation for victims of workplace, motor and public liability accidents. It does not assess Personal Injury claims that are the result of medical negligence.
The Injuries Board is the first route that must be followed when seeking compensation for a personal injury. At Lavelle, we have assisted a large number of clients in receiving compensation following a personal injury by taking their case through the Injuries Board system. It is important to be properly advised throughout this process to ensure that the appropriate level of compensation is awarded by the Injuries Board and also to receive professional guidance for any settlement discussions which might take place during the process.
If either party is dissatisfied with the award, or if the Injuries Board deems it appropriate, an authorisation will be given for the claim to be transferred to the Courts.
There is a very short window within which to bring a claim to the Injuries Board, namely 2 years from the date of injury. Notification of the claim has to be made within 6 months of the date of accident, although this can be extended.
If you feel that you have sustained a personal injury, please contact Avril Scally