Introduction to personal injury compensation claims Ireland : Claims for personal injury compensation have to be made within three years of the “date of knowledge” of an injury. If, for example, you were to be diagnosed with a chronic obstructive pulmonary disease many years after working in a job where you inhaled an “occupational pollutant”, you would still be able to claim personal injury compensation three years from the diagnosis. This “Statute of Limitations” as it is known also applies to cases of medical negligence — another frequent reason for a personal injury claim.
Often accident victims are unaware of how much compensation can be claimed as special damages, and as a result the personal injury compensation amounts that are recovered could be lower when legal advice has not been sought. A solicitor will ensure that all costs and expenses — including future costs if known — are included on your claim form under special damages. A solicitor will also arrange for your injuries to be thoroughly assessed by specialist doctors. This is important as your claim must be accompanied by a medical assessment form (Claim Form B). If your medical assessment form does not contain details of all aspects of your injuries – including minor injuries such as cuts and bruises — you will not be able to recover your full entitlement to compensation.
Should someone under the age of eighteen want to pursue a claim for personal injury compensation, it is important to recognise that the Stature of Limitations for personal injuries proceeds from child’s eighteenth birthday. Once the injured party reached the age of eighteen, this is considered their date of knowledge, and after this point they have two years to go to court or file with the Injuries Board. See extra info at Hit-and-run accident compensation Ireland.
Another critical exception entails those who have a cognitive or other related disability which prevents them making a claim for compensation. In these situations, the Statute of Limitations is applied from the date on which they are considered able to make a claim, even though the statute may have expired under other circumstances.
In Ireland, contributory negligence refers to the part an injured party may have played in causing the accident for which they are claiming compensation. When referring to contributory negligence for personal injuries, it usually means that the plaintiff partially caused or exacerbated their injury through their own lack of care. See extra info on http://www.personal-injury-ireland.com/.
Though there is a lack of clear and relevant statistics concerning work injury compensation claims made in Ireland, annual figures released by the Injuries Board Ireland would suggest that there are approximately one thousand claims made each year. However, it is important to note that there is no way to distinguish between injuries caused by employer negligence and other accidents when looking at many of the statistics provided. Despite the unclear data, one notable trend is the reduced number of fatal accidents at the workplace each year. This could be attributed to the general decline in what would have traditionally been the most dangerous industries – construction, fishing and agriculture – though recent improvements in health and safety practices have also helped the decline. However, in contrast to this positive trend, an increased number of sick days are being claimed by employees. There are many theories as to why this could be the case – employees may be more stressed, leading to stress-induced injuries, or the businesses may have lowered maintenance standards and put the health of their employees at stake.
It is important to speak to a solicitor as soon as possible after an accident occurs; the Injuries Board Ireland have unclear guidelines outlining what exactly is considered a “special damages cost”. As such, without guidance, the claimant may invoke an expense that he or she may not be able to reclaim when seeking compensation. However, this should not prevent treatment, but rather influence other associated costs. The solicitor will ask for evidence of the long-term impacts of the injury, including how it has impacted the victim’s life and employment prospects. He or she will then ask for a review of the costs already incurred by the accident, as well as any current and projected costs. The solicitor will then advise their client on what expenses they can claim under special damages. These damages will then be submitted to the Injuries Board Ireland, alongside the personal injuries claim. Read extra info on http://www.personal-injury-ireland.com/personal-injury-special-damages-ireland/.