Naming the right respondent is important when you are making a claim for injury compensation to the Injuries Board Ireland. The respondent is the individual or organisation responsible for your accident and injury. Identifying the right respondent and making the claim against them is necessary for proceeding with the claim.
How do you identify the right respondent? How do you find out the necessary details about them? What may happen if you fail to do this? Here are a few instances which will help you find the answers you seek.
Situation 1: Your car is hit by a reckless driver from the rear and you suffer a whiplash injury. If the recklessness of the other driver is the cause of the car accident, you may make the claim to the Injuries Board against the driver.
However, if a fault in the vehicle was the cause of the accident, the owner may also be responsible for the accident. In such a circumstance, you have to name the owner of the vehicle on the application form as well.
You will be able to find the details of the owner of the vehicle from the Local Authority with which the vehicle is registered. You may also find the necessary details about the driver from An Garda Siochana.
Situation 2: You slip and fall due to the water spill on a department store aisle and injure your ankle. If it was due to the negligence of the department store owner or staff, you may make a claim against them to the Injuries Board.
However, it may not suffice to put the business name on the application form. You may need the details of the owner of the business name as well as the correct title and the address of the registered office of the company.
You will be able to find the details about companies, which you hold responsible for your injuries, from the Companies Registration Office. Only when you mention all necessary details about the company on the application, will it be possible to proceed with the claim.
Situation 3: You are at work when a defective piece of machinery injures you. It is the responsibility of your employer to ensure your health and safety at work. You may make the claim for the injury at work against your employer in such a circumstance.
However, your employer may not be the only entity responsible for the accident. If they had ordered the machinery from a particular provider or used the installation services of another company, they may also be liable for the damages.
You will need to name every one of the respondents in the application to the Injuries Board. However, it may be difficult to find out these details on your own. It is always a better idea to rely on legal advice and guidance for this.
Failing to name the right respondents on the application form may lead to problems at a later stage. You may miss some of the respondents who were responsible for the accident. Even worse, you may end up with a claim against an individual or organisation that was not responsible for the accident.
Andy Flower is a legal expert and consultant. He provides a brief overview of how identifying the right respondent must be done before you make a personal injury claim. He also emphasises on why it is important. If you are a victim of car accidents or workplace accidents for which another individual or organisation was responsible, he recommends you visit http://www.accidentclaimsdirect.ie/.