To understand “What is personal injury compensation?” it is first necessary to understand what is personal injury. Accidents are unfortunately a part of life, and personal injuries are often sustained for which no one is to blame. If you have suffered a personal injury which was primarily your own fault, this cannot form the basis of a claim for personal injury compensation. There must always be a third party against which a claim can be made, and personal injury compensation can only be claimed if a personal injury has been sustained due to the negligence of a third party.
What is personal injury negligence? Negligence means that there has been a failure in a responsible person´s duty of care. Examples of negligence would be a driver who has failed to be observant at a road junction, an employer who has failed to provide a safe workplace environment or a doctor who has overlooked test results and made an incorrect diagnosis. Shops, public buildings, footpaths and highways must also be kept in a safe condition by those who have a duty of care to protect the public from risk of injury. When standards lapse, there is a failure in a duty of care to the public and any injuries sustained can be the basis of a claim for personal injury compensation.
What is Personal Injury Compensation Awarded For?
Callers to our free personal injury compensation claims helpline frequently ask us ‘What is personal injury compensation awarded for?’ Our solicitors will explain what is personal injury compensation in detail, and will offer impartial advice about whether it is worthwhile making a legal claim. Just because a personal injury has been suffered due to the actions of a third party, it does not necessarily mean that the claim is worthwhile pursuing.
What are Personal Injury Compensation Claims Commonly Made For?
The most common reasons for making a claim for personal injury compensation are listed below. This list is not comprehensive so, if you have been involved in an accident and want to find out if you are eligible to claim personal injury compensation, we invite you to call our free personal injury claims helpline for advice on 1800 911 940.
- Personal injuries sustained in road traffic accidents
- Slips, trips and falls on public property or in shops and supermarkets
- Accidents in the workplace
- Industrial illnesses and occupational health problems
- Injuries sustained due to faulty goods
- Food poisoning from a restaurant or from food purchased in a supermarket or shop
- Medical negligence and clinical malpractice
- Birthing injuries
- Psychological disorders such as stress, anxiety and depression
- Injuries sustained by the victim of a crime
What is a Personal Injury Solicitor Used For?
Although it is possible to recover compensation for a personal injury without employing a personal injury compensation solicitor in Ireland, over 90 per cent of accident victims choose to have legal representation when claiming for compensation. Only one claim for personal injury compensation can ever be made for an injury sustained in an accident, so it is important that a strong case is prepared in order to maximise the chances of success. A personal injury compensation solicitor will assess the extent of any personal injuries — with help of doctors and medical professionals — and will calculate an accident victim’s entitlement to personal injury compensation.
A personal injury compensation solicitor will determine whether an injury has been sustained due to third party negligence, and will help the accident victim to gather evidence to support any claim for compensation. A personal injury compensation solicitor will complete all of the legal paperwork, will ensure that the correct legal processes are followed and will contact the respondent and third party insurers to attempt to secure a swift settlement for damages. Should it be necessary to litigate through the Irish courts, a personal injury solicitor would prepare the case and, with the assistance of a barrister, present the case to a judge to be decided.
What is Personal Injury No Win No Fee Legal Representation?
No Win No Fee legal representation is an increasingly common way of recovering compensation for personal injuries. Engaging the services of a solicitor to pursue a claim for personal injury compensation is not free of charge. A solicitor will require payment for the time taken to prepare a claim and negotiate with insurers. The legal fees accrued throughout the claim process need to be paid regardless of the outcome of the case.
When a solicitor works on a No Win No Fee basis, they enter into a conditional fee arrangement which allows them only to charge legal fees if the claim is successful. Unsuccessful claimants would therefore not have to pay their solicitor if the claim is not won. Under Irish personal injury compensation claims law, a successful claim will see a claimant’s solicitor’s fees paid by the losing party.
What is Personal Injury Compensation After the Event Insurance?
If a claim for personal injury compensation is not successful, the claimant will be required to pay for the legal costs of the defence. These legal costs can be considerable, and many accident victims can ill afford this expense if they are struggling to pay for medical treatment for injuries they have sustained in an accident. The possibility that there may be an expensive legal bill to pay for a failed claim can put many accident victims off taking legal action to recover personal injury compensation.
However, it is possible to take out an ‘After the Event’ insurance policy, which will provide cover for third party legal costs in an unsuccessful claim. Although the insurance premiums will have to be paid by the claimant, these are considerably less than any third party legal bill. Having after the event insurance can make the claim process less stressful for the victim, and can allow them to concentrate on recovering from their injuries.
Free Legal Advice About Personal Injury Compensation Claims
Although claiming personal injury compensation in Ireland can be a straightforward process, personal injury compensation claims can take some time to process and may be contested by the defence. Since even strong claims for personal injury compensation can become complicated, it is always advisable to use an experienced personal injury compensation solicitor to pursue personal injury compensation.
Not only will the experience and knowhow of a personal injury compensation solicitor help to smooth out the claims process — and even speed up the time it takes for compensation to be awarded – but having proper legal council will help to increase the chances of making a successful claim and receiving your full entitlement to personal injury compensation.
If you would like free legal advice about making a claim for personal injury compensation, please call our free personal injury claims helpline for advice on 1800 911 940. If you cannot call straightaway, simply complete our call back from below and one of our solicitors will call you back at the requested time to discuss a potential claim for personal injury compensation.