Being involved in an accident can be a traumatic experience. If you were the victim of an accident, and suffer injuries due to the negligence of another, you have the right to file a claim for compensation. It is better to get legal help when you are considering filing such a claim. Your solicitor would be able to explain how the procedure works. However, before you consult a legal professional, here is a brief overview of the steps involved in personal injury claims Irelandprocess.

Discovering the injury - An auto accident may result in physical injuries that are apparent; however, not all cases are this simple. A trip and fall may result in brain damage, which may exhibit minor or no symptoms. With time, the damage would be apparent but you may not have the right to claim compensation anymore as per the statute of limitations applicable. It is necessary to get medical aid and assistance if you were in an accident, however minor the injuries seem.

Determining liability – Legal liability for the accident is on the party that had the duty to care towards the victim, failed in this, and this resulted in the injuries to the victim. If a driver was talking or texting and hits a pedestrian, he is liable for the injuries the pedestrian suffers. However, liability is not always this easy to determine. In the aforementioned example, if the pedestrian was busy texting and was negligent, the victim may not be able to recover as much compensation as when he was not at fault.

Applying to the authority – You have to apply to the Injuries Board Ireland for claiming personal injury compensation. For this, you have to fill up an application form and submit it along with the medical reports, as well as other relevant documents. This may include the report filed by the law enforcement agency or another emergency service. The Board arranges for an independent medical assessment of the victim after this. The result of this is necessary to ascertain the amount of compensation a victim receives for the injuries.

Settling the claim – The Board determines the general damages that are necessary to compensate the victim for the physical injuries and psychological trauma. They may also order compensation for special damages, which may include cost for medical treatment, loss of earning, and future rehabilitation costs. If the two parties involved in the case agree to the settlement prescribed by the Injuries Board, the matter is settled. Majority of these claims are settled at this stage.

Filing with the court – If the victim and/or the defendant do not agree to the settlement or the amount, they have the right to file a claim with the court. The case goes directly to the court if it involves medical negligence. The reason is that these cases depend on medical evidence and not circumstantial evidence. Your solicitor would represent you at court to determine liability and establish it with evidence. The examination and cross examination of witnesses is also part of the legal process.

Author Bio

Daniel Smith is a legal expert and consultant. He provides suggestions to victims of auto accident, accident at work, or such other personal injury cases. If you were considering filing personal injuries claim, he suggests you to visit http://www.personalinjurydirect.ie/for more information.