Work injury claims : Determining that an injury has occurred — either physical or psychological — can be proven by the victim´s medical records. However, establishing liability for the injury can often be complicated when negligence is disputed or a counter claim is made that the victim contributed to their injuries by their own lack of care. Most claims for personal injury compensation are resolved without the need for litigation in court, but your solicitor will always prepare the strongest possible personal injury claim on your behalf in case court action is required to obtain a fair settlement.
You can find out how much is your injury compensation claim worth by submitting your claim for a personal injury to the Injuries Board. Your case will be assessed and personal injury compensation amounts will be calculated on your behalf, in line with the Book of Quantum. However, if you want to find out how much compensation can be claimed for your injury before you start the legal process of recovering compensation for a personal injury – as well as finding out how you can maximise the probability of recovering your full entitlement to compensation – your best option is to speak with a personal injury solicitor before contacting the Injuries Board. A solicitor will conduct an impartial assessment of your case and you will find out if you are entitled to make a claim, and if so, how much is your injury compensation claim is likely to be worth.
In most cases, the date of knowledge for personal injury claims in Ireland is the date on which the claimant sustained their injury. However, it is important to note that not all injuries may become immediately apparent. Any injuries that are a result of an accident, though took time to come to light, are considered to have their “date of knowledge” as when they were diagnosed. See more info on Car accident claims.
Once adequate time has been provided by the claimant to their solicitor to initiate legal proceedings, the Statute of Limitations should not affect one’s entitlement to compensation. There are, however, some crucial dates involved in the calculation of the Statute of Limitations for personal injuries in Ireland.
This in turn means that the Injuries Board must dismiss the application for assessment, as it is not in their power to determine liability. The claimant is then issued with authorisation to pursue their personal injury claims through the courts. The parties may then choose to engage in negotiations and assign their own contributory negligence, though many cases will proceed to a court hearing. There, a judge will determine liability and contributory negligence. See more info on http://www.personal-injury-ireland.com/.
Workplace compensation claims can differ substantially from other, more straightforward personal injury claims. One unique factor is the claimant’s employment status – many potential claimants believe that they are “employed” when his or her accident happens when in fact they are an agency worker, self-employed, sub-contracted or a relation of the employer. In 2009, thirty percent of “employed” claimants did not actually fall into that category. This does not affect the claimant’s right to compensation, though it does mean that they will likely be making a claim against someone other than the original plaintiff. The employer may accuse their injured employee of contributory negligence, which again complicates the process of receiving compensation. The employer’s insurance company will probably approach the injured party with a settlement of compensation that will likely be inadequate for the injuries sustained, so it is important to consult with a solicitor before the settlement is considered.
Many car accidents have no one driver to whom all fault can be attributed: sometimes, the accident is caused by unsafe road conditions. In the majority of these cases, liability can be attributed to the local council, though there are instances in which utilities companies or private land owners are at fault. Local councils have a “duty of care” towards its residents, meaning that they have to ensure that road conditions are safe. However, this is not absolute: if a road hazard suddenly appears, and then an accident occurs, it is likely that the council could not have been expected to correct the hazard if the time period was sufficiently short. See extra details on http://www.personal-injury-ireland.com/how-much-is-my-injury-compensation-claim-worth/.