Is it possible for someone to claim compensation for falling on Luas?
It is possible to claim compensation for falling on Luas; however, some strict criteria must be met. You must have sustained an injury in the fall for which medical attention was required, and the injuries you sustained must be proven to have been caused by the negligence of a third party who owed you a duty of care.
No claims for Luas fall compensation can be made without the submission of details of your injuries in your medical history and you should have sought medical attention immediately following the accident in which your injuries were sustained. Any substantial delay in being professionally examined by a medical practitioner could not only worsen your condition but could result in an accusation of contributory negligence which may subsequently lead to the amount of compensation for your fall on Luas injury being reduced.
It must be said that proving negligence in a case such as this could be difficult. While the Luas driver and staff owe passengers a duty of car to provide them with a safe environment in which to travel, the duty of care is not absolute. This means that if the hazard or circumstances that caused your fall could not possibly have been identified and removed in a “reasonable” period of time, claiming compensation for falling on Luas would likely be impossible.
Because of the potential difficulties that could arise in pursuing a claim for Luas fall compensation, you would be strongly advised to engage the services of an experienced personal injury claims solicitor. After confirming your right to claim, your solicitor would be able to launch an investigation into the cause and circumstances of the accident in which your injuries were sustained. He or she would be able to collect witness details, if you have not already done so, and would also to able to access CCTV footage which could prove instrumental in proving negligence.
Not only can your solicitor assist with gathering evidence, he or she would be able to complete the Application Form A for assessment to the Injuries Board Ireland on your behalf. The majority of personal injury claims in Ireland must be assessed by the Injuries Board and it is important to note that any omissions or errors on the application form could result in a reduction of the amount of compensation you are entitled to. Your solicitor would ensure that each essential aspect of your claim for fall on Luas injury is sufficiently communicated before it is sent for assessment.
Each compensation for falling on Luas is unique and should be measured on its own merits. In the initial consultation – that most solicitors offer without charge – your solicitor would be able to evaluate your claim and determine the amount of compensation you should receive. By engaging a solicitor with expertise in such cases, you greatly increase the opportunity of recovering the maximum amount of compensation in the quickest time possible.