Accident Claims in Ireland
It is possible to make accident claims in Ireland if you have sustained a personal injury in an accident which was not entirely your fault. Provided that there was the failure in a duty of care which was owed to you, and from which you sustained an injury, you could be entitled to make accident claims for compensation in Ireland.
There are many different ways in which an injury can be sustained which entitles you to make accident claims. Ireland has some of the safest roads in Europe; however, according to the Road Safety Authority, over 7,250 people are seriously injured or killed on Ireland´s roads each year. Although not all the victims in these accidents would be entitled to make accident claims in Ireland, when an accident and injury is due to third party negligence, then accident claims in Ireland are possible.
Work-related injuries are a further source of accident claims. Ireland now has a service-orientated work economy as opposed to relying on agriculture and construction, which has reduced the number of serious work-related injuries each year. However in 2010, the Injuries Board Ireland assessed 11,813 claims for work-related injuries. This represents 423,394 working days lost due to injuries sustained in the workplace, and accident claims for loss of earnings alone account for many tens of millions of Euros in compensation each year.
Injuries sustained in places of public access due to negligence by an individual or local authority how had a duty of care towards you can also be reasons for making accident claims. Ireland has a very under-resourced health service, and if you sustained an injury because a medical practitioner was stretched too far to provide you with the standard of care you could reasonably expect, you are entitled to make medical accident claims in Ireland.
If you have been injured in an accident in Ireland which was not your fault, you could be eligible to make accident claims for compensation and should seek the advice of an Irish accident claims solicitor.
Eligibility to Make Accident Claims in Ireland
In order to be eligible to make accident claims in Ireland, you must have sustained a personal injury which was caused by the negligence of at least one third party. A negligent third party must have caused the accident and failed in a duty of care to you. If these conditions are met it is possible to make accident claims in Ireland.
What is Negligence?
Negligence means that a person has failed in a duty of care to you and has placed you at an unacceptable risk of sustaining an injury. Negligence can take many forms, such as careless driving or the failure of an employer to provide safety equipment. Negligence can be that of a store owner who has left wet floors or who has not mopped up spills quickly, or a local authority which had not repaired pavements and potholes in an acceptable time frame. When a third party has been negligent and their negligence has caused someone to sustain a personal injury, accident claims in Ireland are possible.
What is a Duty of Care?
A duty of care is a legal obligation to ensure that people are not placed at an unacceptable risk of being injured, and that all reasonable steps are taken to reduce any risk of harm to the public. Establishing that there was a duty of care, and determining that it was breached, is essential when making accident claims. Ireland has strict laws on claiming compensation for personal injuries, and it is only possible when the victim has been injured due to negligence and a breach of a duty of care.
If you are unsure about whether a duty of care existed or when negligence is responsible for an accident occurring, you should speak with a personal injury solicitor for advice. You will quickly be able to determine if accident claims in Ireland are possible to recover compensation for your injuries.
What is Contributory Negligence?
When more than one person has been negligent, and each has played a part in an accident occurring, it is necessary to make multiple accident claims. Ireland sees most of these multi-defendant claims made for road traffic accidents, although multiple examples of negligence are possible in any personal injury claim. When a claimant has been partially responsible for an accident and has sustained injuries, it is still possible to make accident clams in Ireland; however any compensation awarded would take into account the degree to which a claimant is liable and would be reduced accordingly.
Accident Claims and the Injuries Board Ireland
The Injuries Board assesses accident claims in Ireland and, when negligence is not contested, will make a decision about how much compensation should be awarded. Although this step in the legal procedure for making accident claims in Ireland does not require the services of a personal injury claims solicitor, over 90 per cent of claimants choose to have professional legal representation. This helps to ensure that the strongest possible claim is presented to the Injuries Board.
Should the person responsible for your injuries dispute their role in your accident claim, or the Injuries Board makes an assessment which is unacceptable to either party, claimants are issued with an authorisation to use the courts in order to pursue their accident claims. Ireland has a three-tier court system for civil complaints, and you will need legal representation to proceed with court action. With only a third of Injury Board assessments accepted by claimants in recent years, it would be in your best advantage to engage the services of a solicitor at the earliest possible stage of any accident claims in Ireland.
The Cost of Accident Claims in Ireland
The costs associated with making accident claims in Ireland will vary according to the complexity of your case and whether court action is necessary. It is often possible to make accident claims in Ireland on a No Win No Fee basis if a claim for compensation is strong. Under this conditional fee arrangement, a solicitor will not charge legal fees should the claim be unsuccessful. If the case is won, it is the respondent who is liable to pay the claimant´s legal fees.
However, No Win No Fee claims are not always free of charge, and an alternative funding source may be found in the small print of existing household contents and car insurance policies. Many of these insurance policies include legal fee expenses cover for making accident claims in Ireland, and you solicitor will ask you to investigate how much insurance cover is available to you before recommending one specific course of action.
Free Legal Advice on Accident Claims in Ireland
Should you have any questions about your entitlement to make accident claims in Ireland, you are invited to call our free legal advice helpline on 1800 989 995 between 8.00am and 10.00pm, seven days a week. Our free legal advice helpline puts you in touch directly with experienced Irish solicitors who can provide impartial and practical advice about making accident claims in Ireland.
There is no obligation on you for using this service and all calls to us are naturally confidential. If you wish, you can have a free assessment of your accident claim and find out if it is worth your while to pursue and determine whether you would be eligible for No Win, No Fee legal representation.
If it is not a convenient time to call right now, please complete your details in the box at the foot of the page and one of our solicitors will be in touch at the requested time to speak with you about a potential claim for compensation.
