Byrne Carolan Cunningham Solicitors - Personal Injury
I was involved in a road traffic accident few weeks ago and I sustained some injuries to my neck and back. My sister was driving and the accident was entirely her fault. Please advise me of my rights. Does the fact that the accident was my sister’s fault matter?
Claims involving personal injuries can be a lengthy but not necessarily complicated procedure. A good Solicitor will guide you through the process and help you secure the maximum award you can achieve.
Your solicitor will require details of all of your injuries and symptoms (physical, psychological or emotional). Medical reports from your GP, medical consultants etc. will form an essential component in determining the extent and implications of your injuries.
All out of pocket expenses must be calculated including loss of earnings if you were out of work as a result of your injuries, medical expenses, travelling expenses etc.
It is not enough to show that you were involved in an accident or to have suffered injury in order to obtain compensation. You must demonstrate that the other party was to blame for the accident and the injuries that you have suffered.
Under the Personal Injuries Assessment Board Act 2003, anyone seeking compensation for a personal injury must make an application to a body called The Injuries Board before legal proceedings may be issued. However, the alleged negligent party must agree to have the matter assessed before the Injuries Board
The Injuries Board does not determine liability (who is at fault) and will not make any finding regarding fault or negligence. Its role is limited to valuing claims and making awards. If the award is rejected by either party then the injured party may issue legal proceedings. Your case will then proceed in the normal way. It may go to a full hearing before a Court or it may settle prior to this stage.
The fact that the accident was your sister’s fault does not prevent you from claiming against her insurance company. The same would apply to other passengers in the car.
