Personal injury claims are used when you’ve been hurt because another person failed to uphold their duty. You may be entitled to receive compensation for loss of earnings, medical care, and for the effects the injury had on your life. A personal injury solicitor can help you assess if you have a legal claim.
If you were injured because of the negligence of another person or a business, the first step is to file a claim with the Injuries Board. The Injuries Board does not determine if someone was at fault for your injury. They assess the value of the injury by reviewing medical evidence and by reviewing similar injury claims and court awards.
Either party involved can reject the assessment of the Injuries Board. If this occurs, the Injuries Board will no longer be involved in the personal injury claim. They will issue the injured person an Authorisation that allows them to begin litigation if they would like to do so.
When one chooses to litigate, they are choosing to sue. Before you sue, you should seek the guidance of a qualified personal injury solicitor. Tiernan & Co Solicitors can help you determine if you should litigate. Litigation is, again, your choice, but it is important that you understand that the extent of your injury and any lasting effects will be very important to the ruling of the court. Those are two of the main factors that the court uses to decide compensation. When you are injured because of the negligence of another party, you have a Constitutional right to receive appropriate compensation. As you consider filing a claim for personal injury, you must also consider the ability of the other party to pay for your injuries and their lasting effects.
Losses caused by personal injury are calculated in two ways. First, the court will determine the severity of your injury. This is known as “General Damages.” General Damages are calculated on the medical facts in your case. For instance, a back injury that results in permanent paralysis will likely receive more General Damages than someone who has a herniated disc and can return to work in a few months.
The second category of damages is “Special Damages.” Not all people who file a personal injury claim will have losses that fit into this category. Yet, some victims have substantial losses. The typical losses include loss of earnings, continuing medical care, assistance at home, special equipment and medical bills.
With damages, the legal principle involved is to reimburse the victim for their expenses or losses that resulted from the personal injury. Yet, sometimes that cannot be done because of future lost earnings and medical care. This is another reason why personal injury victims should consult an experienced Dublin personal injury solicitor.
Tiernan & Co Solicitors help personal injury victims get the compensation that they are entitled to receive. To get an immediate call back please use our Contact form. You may also call us on 01-6622822 to schedule a consultation.