- By Daniel Smith
- Published 04/24/2012
If you are a victim of a car crash, the first thing you need is medical assistance. The next thing you need is legal advice. This is necessary when you are the victim of an accident due to the negligence or recklessness of another individual. Only a solicitor possesses the knowledge and expertise to assess the facts and determine whether you have a car crash claim. One of the questions that come to mind in such a situation is – where to file a claim? Different circumstances require different legal approaches. Before you consult a solicitor, here is a look at the right place to file the claim.
All road accident claims need to be filed at the Injuries Board of Ireland first. This independent Government body assesses the injuries a victim sustains in an accident and calculates the general and special damages as per set standards. However, the Injuries Board does not hear cases. Therefore, it does not assess damages in cases where there is dispute regarding liability. In such a situation, the Board gives you the authorisation to pursue the claim at Court. The Board may also issue this authorisation in case it finds it impossible to work on the case within a specific time limit.
The Injuries Board Ireland may assess a car crash compensation claim only when the victim has identified the individual at fault for the accident. However, at times, the driver causing the accident may flee from the accident site. Again, at times, the driver causing the accident may not have adequate insurance coverage to pay for the damages the victim sustains. In such a circumstance, where should you report the accident to? The Motor Insurers Bureau of Ireland is the body you need to get in touch with in such situations. They have compensation schemes available for victims of accidents involving unidentified and uninsured drivers.
The majority of traffic accident claims are settled before it reaches the litigation stage. Negotiation and mediation may make this possible. However, if you need to go to Court, it is better to appoint a solicitor for handling the litigation process. This process involves a number of steps – filing the claim at Court on time, accumulating evidence, arranging expert testimonials, calculating costs, presenting the claim at Court, examining and cross-examining witnesses, and so on. Only a qualified and experienced solicitor is capable of handling all these tasks with ease and efficiency.
While appointing a solicitor is essential for handling litigation, it is better to involve him/her from the initial stages of the claim. Even when you consider accepting the offer that the respondent makes to settle the damages, it is a good idea to get advice from a solicitor. The idea is simple; only a solicitor has the knowledge to assess the damages and the amount necessary to compensate for these. Negotiating with the insurance company also requires you to avail of the services of a solicitor. This ensures that you do not settle for an amount less than what your injury claim is worth.
Daniel Smith is a legal advisor. He provides tips and suggestions for individuals who sustained injuries in a car accident due to the negligence or recklessness of another individual. If you were the victim of car accidents, he suggests you visit http://www.accidentclaimsdirect.ie/for details of the compensation claim process.