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Potential Problems With A Personal Injury Case

By : acelegal, February 11, 2020

If you have suffered an injury in an accident that was not your fault, you may be eligible to claim compensation in a personal injury case. In many cases, this involves an application to the Personal Injury Board in Ireland, who will assess your case and suggest appropriate compensation. However, there are many potential problems with personal injury cases, and we will discuss some of these here.

Potential Problems In Personal Injury Cases:

A personal injury case can be straightforward if the other party accepts liability and a sufficient amount of compensation is agreed between you. However, there are many problems which could arise when your case is examined, and it is important to be aware of these in order to increase the likelihood of a successful claim.

31237133 - unconscious female cyclist lying on street after road accident
31237133 – unconscious female cyclist lying on street after road accident

It is very important to work with an experienced personal injury solicitor to build your case and ensure the best possible outcomes. Potential stumbling blocks in a personal injury case include:

  • Time frame. A personal injury claim must be brought within two years of the date of the accident in which you were injured, and claims will not be considered after this date unless there are mitigating circumstances. The Statute of Limitation allows for this two year period to begin from the date of knowledge of the accident, so if you were unaware of the accident, for example if you were in a coma, or if you did not know that your injury was the fault of another party, or who the other party was, you may be entitled to make a claim within the two year period following the date on which you became aware of the facts in your case. Mitigating circumstances also include accidents that injure children under the age of 18, where the two year period in which a claim can be made begins on the child’s 18th birthday. However, parents or guardians may make a claim on the child’s behalf before this.
  • Proof of injuries. You will need to provide evidence to support your version of events, and this will be thoroughly examined by the legal teams working for the other parties involved in your claim. Defendants or their insurance companies may employ the services of personal investigators to confirm the impact of your accident upon your life, so it is very important to stick to the facts and be accurate about the way your injury has affected you.
  • Missing or incomplete details. Medical reports form an important part of a personal injury compensation case, and if you have not visited a doctor or sought medical advice following an accident, it may be more difficult to make your claim. It is important to visit your doctor after an accident even if you do not think that you have been seriously injured, because it is useful to have a record of the accident in case an injury develops or becomes apparent at a later date. Keeping a diary to record events after the accident can also be very helpful, as a record to look back on when you build your case with your solicitor.

Do Personal Injury Cases Go To Court?

If a claim is made for a very complex case, or if the case relates to psychological damage or to surgical treatment, the Personal Injuries Board will not make an assessment and will refer the case to the courts instead. You may also choose to take your case to the courts if you do not agree that the compensation offered via the Personal Injuries Board is adequate.

Once your claim is settled via the Personal Injuries Board, it cannot be revisited if your injury worsens or another impact is realised. It is vital to work with an experienced solicitor to ensure that you are offered an appropriate amount of compensation and that this takes future outcomes into consideration. A personal injury claim that is taken to the courts may be more flexible, and you should carefully consider the advice of your legal representative.

Find Personal Injury Solicitors in Cork

Here at Irwin, Kilcullen & Co. Solicitors, we work with many clients who have experienced personal injuries, whether from road traffic accidents, accidents at work or accidents in public places. Our experienced solicitors will be happy to discuss how we can help you when you contact us online or call us today on +021 4270934.