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 for the purposes of a personal injury case?
Length of Time and Guidance
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.
What info must I provide regarding personal injuries?
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.
The calculation of all out of pocket expenses including loss of earnings if you were out
of work as a result of your injuries, medical expenses, travelling expenses etc is essential.
What must I prove for personal injury cases?
To obtain compensation it will not suffice to show that you were involved in an accident or to have suffered injury. 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 prior to the issuing of legal proceedings. However, the alleged negligent party must agree to have the matter assessed before the Injuries Board.
What does the Injuries Board do?
The Injuries Board does not determine liability (who is at fault) and will not make any
finding regarding fault or negligence. The Injuries Board’s role is to value claims and make
awards. If an award 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.