Road Traffic Accident Injury Claims
Road traffic accidents can cause injuries and lead to personal injury claims, even if the other party is uninsured. Whether you’re a driver, passenger, or pedestrian, you may be eligible for compensation if you’ve been injured in a non-fault accident. If you’re unsure about your eligibility or need help with evidence or understanding outcomes, contact our solicitors for assistance.
Claiming for Road Accidents in Ireland
If you have been injured in a road accident caused by another party, either fully or partially, you may be entitled to pursue a road accident injury claim. Even if the other party is uninsured, you may still receive compensation for your injuries, whether you are a driver, passenger, or pedestrian. Road traffic accidents are unfortunately a leading cause of personal injury claims, with injuries ranging from minor to catastrophic and even fatal.
We’ve compiled detailed FAQs to common queries to help you navigate the complexities of personal injury law. where we address frequently asked questions about road accident claims process. Whether you’re unsure about your eligibility for compensation, seeking guidance on gathering evidence, or curious about the potential outcomes of your case.
Statute of Limitations
You have two years from the date of your accident to make a claim, after which your case will become statute-barred. If you have any legal questions or wish to start your claim, contact us 7 days a week by phone, email, text, or by filling out the contact form to speak to a solicitor.
Helping you maximise your compensation
Having a specialist solicitor on your side is invaluable when pursuing any type of road accident injury claim. Expert legal representation ensures that your case is presented effectively, that all relevant evidence is gathered, and that your full entitlements are claimed, including general and special damages.
Road Accident Claims FAQs
What to do if you were injured in a Motor Accident
In order to be eligible to pursue a road accident injury claim, you must first establish that you were injured due to the negligence of another party. This typically involves proving that the other party owed you a duty of care, that they breached that duty, and that their negligence caused your injuries. If you or a person in your care have suffered an injury in a car accident, you can claim whether you suffered a minor or a serious catastrophic injury. In most cases it’s clear who’s at fault but road collision claims can be complex.
Our legal team will guide you through the claims process. Every road traffic accident injury case is different, so we tailor our advice to each client’s specific needs. Here are 5 tips on what to do if you’ve been involved in an accident.
5 steps to take if you’ve been injured in a traffic accident
1. Define who is at fault
While the fault may be evident in some cases, road accident claims can become complex when multiple parties are involved or the other party refuses to accept responsibility. We strongly advise defendants to address their liability promptly to avoid potential delays and complications.
2. Gather Evidence
It’s crucial to gather as much evidence as possible to support your claim. This evidence may include photographs of the accident scene, witness statements, police reports, medical records, and any other relevant documentation. Here are some guidelines on what to do immediately after an accident.
3. Get contact details from all parties involved in the crash
Ensure you get the contact details of all people involved in the accident, names, phone numbers, vehicle registrations, and most importantly insurance details. If there were any witnesses present also take their contact details. It’s important to note, you can still bring a claim if the other party had no insurance or fled the scene.
4. Take Photographs from the scene
Ensure you get the contact details of all people involved in the accident, names, phone numbers, vehicle registrations, and most importantly Take photographs of the scene of the accident, Snaps from your phone are sufficient. If you can’t take photos, try to draw a sketch while you are at the scene. Often victims are so in shock it can be difficult to describe what happened afterwards.rance details. If there were any witnesses present also take their contact details. It’s important to note, you can still bring a claim if the other party had no insurance or fled the scene.
5. Keep all records and receipts – Claiming for loss of earnings
Retain any medical records, receipts for medical treatments, GP and Consultant visits and any medication prescribed due to the accident. Loss of Earnings: Part of your injury claim will also be based upon the financial impact the accident has had one you, eg. If you’ve had to take unpaid leave due to the injury or any other expenses that you have incurred due to the accident.
6 points – How to Make a Successful Claim
Key Takeaways
- You can pursue Road Traffic Accident Injury Claims if injured due to another party’s negligence, even if they are uninsured.
- Gathering evidence is crucial; collect contact details, photographs, and medical records to support your claim.
- Road accident claims often involve complex situations, especially with multiple parties or disputes over fault.
- Different types of claims include motorcycle, public transport, and hit-and-run accidents among others.
- Follow 5 steps after an accident to establish eligibility and strengthen your case.
Will my case go to court?
We handle every case on the basis that it may end up in Court – in reality, cases don’t always go to Court and usually settle beforehand. If the defendant’s insurer has not offered enough, or has made no offer on your case, then your case may go to Court. However, if any offer has been made, you (the claimant) decide whether or not to accept it. Your Solicitor will advise you on whether to accept or reject the offer, but the ultimate decision is yours. If no offer is made, this indicates that the other side is reasonably confident of defending the case.
Cases go to court for two reasons, either because the Defendant has not offered sufficient compensation or because the Defendant has made no offer. If an offer is made, it is for you to decide whether to accept it. Your Solicitor will advise on any offer, but the final decision is yours. If no offer is made, this indicates the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly outlined.
3 Tips For Going to Court
What happens if my case does go to Court?
If your case goes to court, there is no reason to be concerned about appearing in court, as your solicitor will guide you through your evidence. You simply answer all questions to the best of your ability. Your legal team will be there to support you throughout the whole case. You are first examined by your own Barrister, after which the Defendant’s Barrister will cross-examine and attempt to elicit details from you. These questions may be favourable to the Defendant’s case. The Judge may also have questions.
Do I need to bring a Witness to Court?
After your evidence is completed, the evidence of any other witnesses is heard. This may include a medical practitioner. Their evidence is usually admitted as a medical report handed to the judge. Other witnesses may include an engineer and any person who witnessed the event.
Pre-Trial Consultation
A few days before or on the day of your trial, a consultation takes place with Counsel from both sides. During this meeting, if an offer is made by the other side, our legal team will provide detailed legal advice on the offer, but the decision whether to accept or not is yours. If no offer is made, this clearly indicates that the other side is reasonably confident of successfully defending the case. In such an event, we will clearly explain your options to you.
How is the Injuries Resolution Board involved in my claim, and why?
All Personal Injury Cases under Irish law, except Medical Negligence, must first be processed through The Injuries Resolution Board (formerly known as PIAB). Once you have instructed us to commence proceedings for your case, we handle all dealings with PIAB on your behalf. Our legal team will also ensure that PIAB adheres to any time limits applicable to the case and deal with all queries in relation to your PIAB Application.
You will need a Medical Report
In order for our firm to put your claim through PIAB, we must first obtain your medical report. We obtain this report from your treating doctor, outlining all injuries sustained as a result of your accident. This report is very important, as PIAB will base its assessment of your claim solely on the contents of your medical report, along with a second report from an independent medical practitioner. We will then send a copy of this report to you, along with an application form (Form A), which must be signed by you in order for us to process your claim with the Injuries Board.
How long does it take for my case to go through the Injuries Resolution Board?
If the Board decides to proceed with an assessment, it has 9 months from the date of application to do so. During this period, PIAB arranges for the claimant to be assessed by an independent doctor or medical expert to obtain a medical legal report. Once the Board is in receipt of your case documentation (which we organise on your behalf), the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate), and the Medical Report, it will proceed to make an assessment.
Tell us about your case – Send us a message
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
What you need to know about General and Special Damages
What are General Damages?
General Damages in Personal Injury Cases for example; a Traffic Accident, are in place to compensate you for the impact the injury has and will have on your life. This includes pain and suffering mild or severe sustained from the injury. This pain can be physical but also physiological. Read more on Post Traumatic Stress Claims. The amount awarded will also be based on the impact of your injuries on your daily life such as short term or a permanent disability or disfigurement. A further consideration for the compensation end figure includes what areas of the body were temporarily or permanently affected.
What are Special Damages?
Special Damages consist of your out of pocket expenses such as Loss of earnings, Medical Expenses, Travelling expenses, Care hire etc.
How to know if I have an Injury Claim
Before accepting your instructions, we will have discussed your case with you and will have advised you of the strengths and weaknesses (if any) of your case. In many cases, it is very clear from the outset that an injured party will succeed in being fully compensated, for example, where the injury results from a motor accident when the client is a passenger, to give but one example. In some cases, the courts apportion liability, i.e. they rule in favour of the Plaintiff but make a deduction from the full value of the case on the basis of the Plaintiff’s “contributory negligence.”
What if I was partly to Blame for the Accident?
It is important to note that many valid claims are never brought because an injured party feels the accident was his own fault, whereas the primary cause of the accident may well rest with some other party, and the injured party’s own carelessness may only have been a contributing factor. In such cases the courts may apportion Liability. It is therefore always advisable to consult a solicitor concerning any injury resulting from an accident.
How long does it take to get paid after the Settlement?
Following a settlement or a Court Award, it typically takes about 4 weeks for payment to issue from the major Insurance companies. Local Authorities can take longer, usually about 4 – 8 weeks.
Who pays out the Compensation Award?
A compensation figure is firstly offered by the defendants Insurance Company. Insurance Companies will often make a low value offer to your solicitor. It’s always the objective of the Insurance company to pay out less money. In Most cases your solicitor will reject this offer when the defendant appears to be liable.
Defendants and their insurance companies will want to avoid the expense of Going to Court.
Once the insurance company realises the defendants liability position, an appropriate settlement offer will be made. If the case is complicated, this can cause delays.
Once an insurance company has admitted liability on behalf of the defendant and agreed to process the claim, this moves quickly. Typically, the claimant will receive their compensation payment (from initial offer to agreed offer) within a few weeks.
What is a Personal Injury Claim?
A personal injury is defined as either a physical injury, disease or illness, or a psychological injury / condition that has been caused by someone else.
If you were injured in an accident due to no fault or your own, Irish law entitles you to claim General Damages compensation for your injuries sustained, Loss of Income, Future Care and possibly other Special Damages. Our personal injury solicitors deal with a wide range of minor to catastrophic and life changing injuries. So, If you have suffered a personal injury and want to make a claim for an accident, contact our team today by phone: Click to call 014537890, email: info@lawline.ie or Tell us about your case.
Road Traffic Accidents
If you were injured in a road accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Personal Injury Accidents
Injury claims involving accidents in public places, leisure centres, and workplaces are common. We will assist you in determining who is legally responsible and secure the compensation you deserve.
Accidents at Work
Common workplace accidents arise from heavy lifting, carrying, slipping, tripping, falling objects, tools, machinery or repetitive tasks. Employers have a duty to provide a safe work environment. If your injuries were caused in work you may be eligible to seek compensation.
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FAQs
Types of Road Accidents
No Win No Fee Explained
No Win No Fee – The legal term used to describe how solicitors take on a case where they pay the costs of the litigation. Irish Law Firms who operate on this basis pay for the medical reports, expert fees and other legal costs associated with your injury case. It’s common for specialised personal injury firms to operate on a “no win no fee” basis. Solicitors are not allowed to advertise no win no fee services.
Start your injury case
If you’ve suffered injury, loss, damage or expense as a result of another party’s negligent act or omission, you may be entitled to claim from that party or their insurers. Starting a case with our legal team is a seamless process. Subject to strict exceptions, you have two years from the date of your accident to commence legal proceedings. A different claims policy applies to children under 18.
What can I claim for?
Personal Injury Claim amounts are difficult to value at the outset of any case, but the value of your case in terms of General Damages will depend on the severity of the injury, the pain, suffering and inconvenience caused by the length of time to recover and the prognosis for the future. In addition, you are entitled to claim for all financial losses and expenses sustained by you as a result of the accident.
Talk to a Solicitor today
Contact us 7 days a week by phone, email or fill out the tell us about your case form and a solicitor will contact you without delay. We are Here to Help.
