The benefits of making a personal injury claim * with the assistance of a personal injury * solicitor are:
You focus on your recovery
If you have been injured in an accident, your first priority is to recover. Attempting to make a personal injury claim * alone, on top of your recovery, can be stressful for you.
Solicitors understand the legal process of making a personal injury claim
When making a claim for personal injury * without the appropriate legal knowledge, it is possible for an insurance company to find a way out of paying compensation on a legal technicality because of your gap in legal knowledge.
For example, a personal injury * solicitor will ensure that the correct parties who responsible for your accident are identified and notified within the time limits permitted by law. Failure to do this could lead to your case becoming no longer legally enforceable.
Also, a personal injury solicitor * will ensure that your case is submitted to the injuries board. If necessary, that court proceedings will be issued before your case could become no longer legally enforceable.
Personal Injury Solicitors * know how much your case is worth
It is important that you choose a personal injury solicitor * with a certain level of experience. The more experienced a solicitor is, the higher the chance have of knowing how much your case is worth. This could be of benefit to you in assessing whether the injuries board have offered enough. Likewise, in the event of a settlement offer, if the other side have offered enough compensation.
Tracey Solicitors, with 30 years’ experience as personal injury solicitors * in Dublin assist many people each year in their personal injury claims *. For a confidential chat about your personal injury * case or an accident you had, feel free to call Tracey Solicitors on 01 649 9900 or email email@example.com
How much to expect from a personal injury claim *?-
This is not a simple question to answer. The settlement amount you can expect from your personal injury claim * is heavily dependent on a number of factors, including:
Liability – was the accident 100% the fault of the other party. If you had contributed to the accident cause in any way, it could reduce your claim.
Injuries – the severity of your injuries, will be a prevailing factor, generally a more serious injury that may affect the quality of your life involve lifelong medical costs, may yield a higher settlement amount.
Expenses – what were your losses? Medical bills, future medical bills and past and future lost earnings will also play a part.
For more information on how you can estimate the value of your claim, check out our compensation claims estimator *.
Who pays in a personal injury claim *?-
In a personal injury claim *, settlement amount paid to the injured party are generally paid by the company who is found legally liable for their injury. Often, these settlements are paid by the company’s insurance company.
How to win a personal injury claim *?-
This is a common question and there is no quick answer. The best way to seek a claim for a personal injury * is to be honest, timely, work with your solicitor as needed and to focus on your recovery. By using a solicitor to seek a claim, you can focus on your recovery while your solicitor focuses on moving your case forward.
What is my personal injury claim worth?-
The value of your personal injury claim * will depend on several factors:
General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following your accident.
Special Damages: Out of pocket expenses incurred as a result of the accident. For example, loss of earnings (if you were out of work), medical bills, and added travel costs as a result of the accident, for example, travel to and from the hospital.
Material Damages: Material damage refers to damage caused to your personal property.
Attempting to value your claim alone can be difficult, speak with a personal injury solicitor * to better understand your current position.
What constitutes a personal injury claim?-
A personal injury claim * is the process of seeking a monetary settlement for injury or illness that has been caused (or made worse) by someone else’s negligence. In general, for a personal injury claim * to be viable, there are a few conditions that must be met:
Duty of care – an obligation to avoid injuring somebody else or putting them in a dangerous situation that may cause them harm
Breach of duty of care – This may also be called negligence, i.e., where a person fails to meet their duty of care and causes an accident and injury to another person.
Causation – here your solicitor will prove that negligence was the cause of the accident that caused your injuries.
Damages – damages are physical and emotional injuries that you suffered as a result of the accident.
Our specialist personal injury solicitors * in Dublin are here to make the process easier for you and your family.
How long does personal injury claim take?-
The length of your case will depend of several factors:
The extent of your injuries – if your injuries are severe it may mean that you cannot make a claim straight away.
The insurance company – while we may have best practice in place to move the administration of your case forward in the quickest time possible, the insurance company may not be as fast as we can be. This could extent the length of your case
Gathering documents – depending on the complexity of your case, it may take time to gather certain documents.
The Injuries Board – Once all documents have been gathered, we will submit your case for assessment to the Injuries Board, they have 9 months to revert back to us with their assessment.
Assessment – once the Injuries Board has reverted with their assessment, you will have 28 days to either accept or reject.
Legal proceedings – If you move to this stage, your solicitor will move immediately to issue proceedings. It is likely that your case will settle before having to step foot into a courtroom, but the time it takes to get a settlement meeting with depend on factors such as availability of barristers and the other side to attend.
How much should I settle my personal injury claim for *?-
While there is no straightforward answer to this question, a solicitor can help you understand a potential value of your claim. To do this, understanding the Book of Quantum and how it works will help you in understanding a potential value of your claim. Bear in mind that the Book of Quantum will only consider the value of the injury and does not take into account your lost earnings and medical bills. These will be specific to your case, therefore, speaking with a solicitor can help you estimate the value of your case.
How often do personal injury claims go to court *?-
More often than not, a personal injury claim * will be settled outside of court. This is generally done in a settlement meeting before a court date or is settled at Injuries Board assessment.
If the Injuries Board revert with an estimate that you are happy with and that covers everything, then you may settle at this point and not have to move to legal proceedings and a court date.
If you or the other side decide to reject the Injuries Board assessment, then you move to legal proceedings. A settlement meeting may be organized before having to step foot into a courtroom. If an agreement cannot be met at the settlement meeting, then you may have to go as far as a court date where a judge will decide upon on your case.
When to settle my personal injury claim *?-
There are a couple of stages where you may be able to settle your claim. The specifics of your case, injuries board assessment, among other aspects will determine when you will settle your claim.
Settle at Injuries Board stage – once the Injuries Board assesses your case and reverts with their suggested settlement amount, if you and the other side agree to their figure, then you may settle your case at this point. Your solicitor will help you understand the Injuries Board assessment and let you know if it meets the value of your case or not. Ultimately, you will have the final decision as to whether to settle at this point or not.
Settle at a settlement meeting – if you have rejected the Injuries Board assessment, then you move to legal proceedings and your solicitor will likely set up settlement meeting with the other side to attempt to settle your case before a court date. At this point your solicitor will work to seek the maximum possible for your case, you may accept an offer from the other side and settle at this point, if you wish.
Court Date – If you don’t settle your case at a settlement meeting, you will move to a court date where a judge will hear your case and make a decision for you to settle your case.
How are personal injury claims calculated *?-
Injury claims are calculated taking some, or all, of the below aspects into account:
Lost earnings, both past and future
Medical bills, both past and future
Out of pocket expenses, such as medication, medical devises, transportation fees, etc.
Pain and suffering
You may estimate the value of your injury by using the Book of Quantum. Using that estimate, you can add the costs of your other expenses, lost earnings and medical bills to get an idea of the value of your case. Speak with a solicitor to gain a better understanding of how your claim may be calculated.
Are personal injury claims taxable *?-
Personal injury claims * in Ireland are not taxable.
Does a personal injury claim affect benefits *?-
If you settle a personal injury claim * and receive a lump sum pay out, it may affect benefits in the future. For example, if you are to be means tested in the future, it would consider your income and savings, among other aspects. If you have a lump sum from a personal injury claim payout *, this may affect the results of your means test.
We give legal advices in Russian. If you need legal help contact Emilia 087 165 1564
16/17 St. Andrew Street
T: 01 649 9900 – Reception
T: 087 165 1564 – Russian
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.