If you are the victim of an accident through no fault of your own, you may be entitled to seek compensation. For this, you need to understand the way the personal injury claims process works in the State.
It would be a good idea to seek the advice and assistance of a legal professional to understand the claims process. While it is not compulsory, it is always advisable to obtain professional help. Before you consult a solicitor in Dublin to enquire about the way to proceed with your claim, here are a few things that you need to know.
When do you file a claim? The legal statutes require that a victim files an injury compensation claim within two years of the accident. This implies that you have two years within which you may file the claim. However, it is not a good idea to delay this; waiting for too long may lead to loss of evidence.
The limitation applicable on the time within which you need to file a claim may be eligible for an exemption in certain circumstances. If the victim of the accident is a minor, he/she may also avail of extended periods in this regard. It is better to enquire about the time limit applicable on your particular case.
Where do you file a claim? The first step in an injury claim is to apply to the Injuries Board Ireland. This independent legal body assesses the damages in personal injury claims involving road accidents, accidents at work and accidents involving public utilities. If there are no legal disputes involved, the Injuries Board completes the assessment of damages.
The Injuries Board does not assess damages if a claim involves disputable issues concerning liability. In such a circumstance, it issues an Authorisation, a document that gives the claimant, i.e., you, the right to proceed with the claim through the Court System. You may make the claim to the Court after you receive this authorisation.
How do you file a claim? Applying to the Injuries Board involves a simple process. All you need to do is submit the right documents along with the necessary fees to the Board by post or via online. The documents you need to submit are an application form, filled up by you, and a medical assessment form, filled up by your physician.
It is not mandatory to get legal help for applying to the Injuries Board. However, it is better to seek legal advice to ensure proper approach to the matter. Competent personal injury solicitors in Dublin would assess the facts and circumstances associated with the accident and determine whether you have a claim.
The solicitors would also help you apply to the Injuries Board and ensure that the documents you submit are free from errors and omissions. This is especially necessary as the assessment of damages by the Injuries Board is completed on the basis of the documents you submit. If necessary, they would also help you make the claim to the Court.
Celia Barrymore is a legal consultant working in Ireland. She provides tips and suggestions for individuals looking for qualified and experienced personal injury solicitors. If you are looking for a competent solicitor in Ireland to handle your injury claim, she suggests you visit www.lacs.ie/ for more details.