In Ireland, if you have been injured in an accident or suffered a loss due to somebody else’s negligence, you are entitled to claim personal injury compensation. Your personal injury claim would be directed to the Injuries Board Ireland when there is no issue over liability or through the court system when professional negligence is the reason for your injury or loss.
Using the services of a personal injury attorney is necessary when you pursue a personal injury claim through the courts, and recommended by the Law Society of Ireland when you make an application to the Injuries Board Ireland for an assessment of personal injury compensation. There are a number of reasons for this.
Physical and Emotional Trauma
Immediately after being injured in an accident, your first consideration should be that of your health. Thereafter, you should speak with a personal injury attorney to discuss your entitlement to personal injury compensation and seek his assistance with the application to the Injuries Board Ireland or to issue court proceedings.
At a time when you may well be in a lot of pain or emotionally distraught after your injury (or an injury to a loved one) it is not ideal for you to be completing paperwork which could affect your financial security. Experts agree that people who have been involved in a physical accident suffer a degree of post traumatic stress, and your cognitive ability may temporarily not be as strong as that of a personal injury attorney.
Knowledge of the Law
A personal injury attorney also has a comprehensive knowledge of the law and how it affects your personal injury compensation claim. Not only will he be able to advise you about the general and special damages you will be entitled to receive, but also guide you in the event of issues over liability and the Statute of Limitations.
A personal injury attorney will have experience of current legislation and procedural timelines to give you an accurate picture of how much personal injury compensation you will be entitled to receive and how long it will take to get it. In much the same way as you would seek professional medical attention after being injured in an accident because a doctor is trained to best treat you, you should also apply the same principal to talking with a personal injury attorney when you are considering a personal injury compensation claim.
Impartial and Accurate Advice
Inasmuch as your personal injury attorney will construct the strongest possible personal injury claim on your behalf, they are not emotionally attached to your situation and will provide you with impartial advice about your options. Help that you receive from friends and relatives may be well-meaning, but a personal injury attorney will be able to clear up any conflicting stories you may have been told.
Your personal injury attorney will also be able to provide you with the most up-to-date information about making a personal injury claim. The Book of Quantum – which is a publication which list personal injuries and gives them a financial value – was published in 2004, and many subsequent personal injury compensation settlements are now above the range stated when the book was first issued.
Application, Litigation and Negotiation
The three areas where a personal injury attorney is of most benefit to you is applying to the Injuries Board Ireland for an assessment of personal injury compensation, litigating in court if it is required to ensure you receive the maximum entitlement of personal injury compensation and negotiating with insurance companies in order to organise a quick settlement which is both fair and adequate.
- Application – The application form to the Injuries Board Ireland is fairly straightforward if you have sustained a minor injury and have minimal special damages to claim. However, there is little room on the form (either online or the hard copy) for multiple injuries or for claiming anything more than a few travel expenses to receive medical treatment. You will benefit from somebody with experience of completing the paperwork in both time and money.
- Litigation – Although you have no option but to use the services of a personal injury attorney in cases of professional negligence, many personal injury claims submitted to the Injuries Board Ireland are declined because of a dispute over liability or referred to the courts due to a disagreement over the Injuries Board Ireland’s financial assessment. If you have spoken with a personal injury attorney from the very beginning of your claim, your attorney will be ready to go to court immediately, having prepared the strongest possible claim at the beginning of the process.
- Negotiation – Your personal injury attorney’s case will also assist him in negotiations with the negligent party’s insurance company. If there is a dispute over liability or how much personal injury compensation you are entitled to, his negotiation skills will often avoid the necessity of a court appearance. He is also the best person to speak with if an insurance company approach you directly soon after your accident with an offer of early settlement. These offers are rarely in the claimants benefit and a personal injury attorney will be able to arrange a far more appropriate personal injury compensation settlement.
Person Injury Attorney Summary
With his knowledge, experience and impartiality, a personal injury attorney is the best person with whom to discuss a personal injury compensation claim when you have been injured, or suffered a loss, in an accident for which you were not wholly to blame. A personal injury solicitor can advise you whether you have a personal injury claim which is worth your while to pursue and guide you through the processes of either applying to the Injuries Board Ireland or issuing court proceedings.
According to research conducted by the University College Dublin, more than 90 per cent of claimants making an application to the Injuries Board Ireland, do so with the assistance of a personal injury attorney. They appreciate that if they accept an inadequate amount of compensation they cannot go back and ask for more, and so should you. Therefore, it is recommended that you speak with a personal injury attorney after you have received medical treatment for an injury caused by somebody else’s negligence.