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Accident Claim Process Explained*

If you have been injured in an accident* due to the fault of a third party, you may be entitled to bring a claim*.

 

Accidents* can be stressful, no matter whether you suffered personal injury* in a road traffic accident* , accident at work* , accident in a public place* or you were assaulted while at work. Most of the time your health, emotional and financial wellbeing are affected. You can’t work because of your injury and provide for yourself and your family which could add an additional burden. In these circumstances focusing on your recovery and getting your life back to normal should be your utmost priority. We are here to help you with the paperwork and the process. Call us for clear and sensible advice regarding your rights.

Our motto is:

“Professionalism, Commitment and Compassion”

Step one: Do you have a claim*?

Every accident* has its own unique circumstances, and no two are the same. Quite often a thorough consideration must be given to many factors surrounding the accident* before a decision whether you may have a viable claim* can be made. However, in most cases a deciding factor is third party negligence.

To investigate your claim* and advise you accordingly we will need to know:

  • The date and place of the accident*.
  • How the accident* happened.
  • The details of your injury and date of your first attendance with a doctor.
  • The details of the person or company responsible for the accident*.
  • Information on all previous injuries, accidents*, and claims*.
  • Details regarding your out of pocket expenses (medical, travel costs and loss of earnings.)

We are happy to meet with you in our offices or speak with you over the phone to assess your case and advise as to whether you are entitled to claim compensation* for the injuries that you have sustained.

 

You can speak with us in English, Polish, Slovak, and Romanian. We are here to help you in what can be a stressful time to take some of the pressure off you so that you can concentrate on your recovery.

Step two: Personal Injuries Assessment Board

The Personal Injuries Assessment Board (PIAB) is a state body which assesses personal injury compensation*. All personal injury claims* must first proceed through the PIAB to be assessed. If the board decides that the matter cannot be assessed, or the assessment is inadequate court proceedings can then be issued.

 

While you can make an application to PIAB yourself, you are entitled to the benefit of a Solicitor. PIAB does not offer any guidance or legal advice. It doesn’t assist in completing the application form or offer any assistance in ensuring that the correct Respondents have been named which means that if somebody is left out it can be fatal to a claim*. In reality, very few cases are advanced on personal applications and we are here to advise you and guide you through some of the complex legal aspects of your application without further difficulties or delays.

 

We are happy to assist you with your PIAB application. Please contact us at your earliest convenience.

 

 

After we establish that you have a case and you have instructed us to proceed on your behalf, we will gather all information needed to lodge an application to PIAB, identify all complex matters, pay required fee and submit a claim* on your behalf. We will also obtain a medical report from your treating doctor to submit it to The Injuries Board. We will cover the costs of this medial report so that you don’t have to worry about further expenses, and we can recover the costs of this at the end of your case.

 

PIAB will then notify the responsible party and their insurance company of the application and they will decide if they are willing to have the matter assessed by them or not.

Step three: Assessment

If the Respondent consents to the assessment, PIAB will seek full details of your out of pocket expenses and loss of earnings and seek a further report at a later date to try to chart your recovery. At the end of this process PIAB will make an Assessment detailing the level of compensation* that they believe your case to be worth. At this stage, with the benefit of our legal advice, you can decide if you wish to accept or reject this Assessment.

 

If the other side does not consent to PIAB assessing the matter an Authorisation will be sent out so that we can issue court proceedings.

 

If either side rejects an Assessment, you will receive an Authorisation to issue court proceedings to secure compensation* for your injuries.

Possible step four: Court Proceedings

Once an Injuries Board Authorisation is received court proceedings can be issued. This does not mean that you will have to go to court. The vast majority of cases settle before any court hearing.

 

Once we issue court proceedings, we engage with the Solicitors for the other side to progress the proceedings to be best prepared to resolve the case, either by way of a court hearing or a settlement meeting.

 

Settlement meeting or a court hearing.
Settlement meeting gives us an opportunity to finalise your case without the need for going to a full court hearing. It can occur when we have all the information that we require to resolve your case and the other side is willing to meet. The objective here is to obtain for you what you would otherwise get from a reasonable judge for your injuries that are the result of an accident* and save you any stress involved in a court hearing.

 

If we are unable to reach a reasonable settlement with the other side, we would proceed to a full hearing before a Judge who will listen to your side of the story as well as our medical and expert evidence before making a decision on whether you have won your case and what level of compensation* you are to be awarded.

COVID-19 - Safety message from Murray Flynn Solicitors

During the ongoing Covid 19 Restrictions, our office is open for business. We are able to meet safely with clients by appointment in our Fairview office.

If you have any concerns about coming to meet us to discuss an accident you have been involved in, we are happy to arrange a Zoom Call or meet with you in your own home to advise you.

Stay safe

Murray Flynn Solicitors Team