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Road traffic accident claims are an all too common occurrence in Ireland and can happen for a number of different reasons. It comes as no surprise that car crash claims are the most common of all personal injury claims presented to solicitors and to the Injuries Board.If a driver of a motor vehicle is involved in an accident, they are somewhat protected by their insurance company. A cyclist, on the other hand, may rarely receive the same legal protection, and may often be left to fend for themselves, following an accident on the road that has left them with an injury. In cases where another party may have been responsible for your accident, resulting in injury, you may be eligible to make a bicycle accident claim. Compensation that is awarded in such cases could help you to cover the cost of medical fees, as well as any potential loss of earnings from time spent out of work.
All types of physical and psychological injuries can form part of your claim.
With Tallans Solicitors (Ashbourne) LLP you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.
You can suffer many different types of injuries from someone else’s negligence. These injuries can come in many different forms. From shoulder, arm and leg injuries to occupational and psychological injuries, Tallans Solicitors LLP is here to help you with your claim and through the entire process.
Following a road traffic accident, whether as a driver, passenger, pedestrian or cyclist, there are a number of steps you should follow:
It is important that you gather all the relevant information in connection with your accident:
Your health is your wealth and should be your first priority. Immediately after a road traffic accident, take a second to assess yourself to determine if you have any injuries. Then check if any passengers or anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene. For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out
Regardless of how minor or serious the road traffic accident was, it is important that you call the Gardaí to report the accident immediately. For minor accidents, the Gardaí may tell you that they will not be attending the scene. In this scenario, you should ensure that you obtain the address, phone number and insurance details. In these cases, it is also important that you visit your nearest Garda station to request that they take details of the accident and to take your statement about the accident. For more serious road traffic accidents, where an ambulance has been called, the Gardaí may arrive at the scene to assess, take statements from the people involved and any witnesses.
If you are the driver of the vehicle involved in a road traffic accident it is important to inform your own insurance company so they have a record of the accident.
If you are considering moving forward with a road traffic accident claim for any personal injuries sustained it is advisable that you speak with a road traffic accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A road traffic accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays. It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or Garda reports, where possible as you will need them when making a claim.
Formally known as the Statute of Limitations, the legal time limit for a personal injury claim is usually two years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date. For children who have suffered an injury, the process works a little differently. A minor cannot bring a claim forward themselves. On their 18th birthday, the clock starts at their two year time limit to make their claim. Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child immediately after the accident. This is generally a more favourable option. As making the claim sooner rather than later means that it is easier to source reliable evidence to strengthen the child’s case. Important to note is that once the application to the Injuries Board is submitted, the clock stops on the two year time limit while they assess the claim.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist road traffic accident solicitor to help you with this.
When you decide you want to move forward with your road traffic accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the road traffic accident claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or Hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.
As soon as your solicitor has gathered all the information, your road traffic accident claim will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps. At this point one of two scenarios will unfold: a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you. b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom. Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
We use our expert knowledge and 130 year’s experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!
Tallans Solicitors (Ashbourne) LLP have over 100 years of experience in looking after the Personal Injury needs of our clients. Our Personal Injury team of solicitors, legal executives and secretarial support are here to ensure your transaction completes as efficiently and easily as possible. We will provide you with a quotation of the costs involved upfront and will always discuss any additional outlay with you in advance.
We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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