ROAD ACCIDENT CLAIMS FOR COMPENSATION

 

Road traffic accidents are unfortunately one of the most common causes of personal injury claims. Injuries range from minor to catastrophic and sometimes fatal. If you have suffered an injury in a car accident then you may be entitled to make a Personal Injury Claim whether you suffered a simple bruising, whiplash or a more serious road traffic accident injury.

Barry Healy, Solicitor, Monaghan has a  personal injury team which advises on all types of road traffic accident claims, helping not only injured drivers or passengers in car accident claims, but also cyclists, pedestrians and other road users. Every Road Traffic accident injury case is different so we tailor our advice to each client’s specific needs and objectives. We deal with all types of road accident claims for drivers and or passengers injured by car, van, lorry and bus, public transport, cyclists, motorcyclists, pedestrians and road traffic accidents overseas.

We seek to achieve the best possible outcome, not only in terms of financial compensation, but also to address medical and other needs resulting from the accident. You are entitled to claim compensation for road traffic accident injuries if the accident was caused by the fault of another person or party. Depending on the accident and how it happened you may be able to purse compensation if you suffered an injury as a driver, passenger, a pedestrian or cyclist.

ARE YOU THE DRVER OF A VEHICLE THAT'S BEEN INVOLVED IN A CRASH?

If you are the driver of a vehicle that has been involved in a road traffic accident the first thing that you should do is call the Gardai. An abstract report from the Gardai can prove to be invaluable where liability for the accident is at issue. It is also necessary to ensure that you note the contact details of all people involved in the accident, including any witnesses, and more importantly to obtain the insurance details of the other drivers involved. Once all details have been exchanged and the accident has been reported to the Gardai it is advisable to seek medical attention. Following an accident you may be in shock and not realise the extent of the injuries you have sustained. Although in most cases involving road traffic accidents it is obvious who was at fault, there are cases where the issues are more complex. Road traffic accidents become more complicated where there are more than two parties involved, one party refuses to admit liability, the party at fault does not have a valid policy of insurance or the party at fault flees the scene of the accident.

NO VALID POLICY OF INSURANCE

Despite the introduction of compulsory insurance for all motor vehicles, the question still remained as to how injured parties could be compensated if the motorist at fault did not hold a valid policy of insurance. The injured party, although entitled to sue in the courts for the injuries sustained, may be wasting their time if the defendant motorist has little means or assets. If the court makes an award and the Defendant is not in a position to pay the award the injured party may never be compensated. This problem was resolved in 1955 with the introduction of the Motor Insurers Bureau of Ireland (MIBI). The MIBI was established to compensate victims of uninsured motorists. A claim may be brought against the MIBI by any person, entitled in law, to bring a claim for personal injury or wrongful death  which arises out of the negligent use, by an uninsured person, of a mechanically propelled vehicle. A claim against the MIBI will be taken in the same way as a claim against a person holding a valid insurance policy.

PASSENGERS

If you are a passenger in a vehicle which is involved in a road traffic accident you will be entitled to claim for compensation, regardless of who was at fault. As a passenger you cannot be found at fault for the accident.

STATUTE OF LIMITATIONS

Under the Statute of Limitations an injured party has two years from the date of the accident within which to bring a claim for compensation. Road traffic accidents, like all personal injury claims, must first be processed through the Injuries Board [INJURIES BOARD]. At Barry Healy & Company, Solicitors, Monaghan we have a dedicated and professional team of solicitors who have been specialising in personal injury actions, arising out of road traffic accidents, for over 20 years. If you have been involved in a road traffic accident and require further information please give us a call and a member of our team will be more than happy to assist you.

TYPES OF ROAD TRAFFIC ACCIDENTS

• Rear end collisions
• Head on collisions
• Pedestrians
• Motorbike accidents
• Cyclists
• Accidents involving public transport such as buses, trains or the Luas.

WHAT IS WHIPLASH?

Whiplash is usually the result of a rear impact while in a stationary position, ie a car crash! The injury occurs when the tendons and ligaments of the neck are jerked unrestrained in a forward and backward movement. Fortunately, whiplash is not a life threatening injury, but it can lead to a prolonged period of partial disability and great discomfort. In some cases whiplash can become chronic, with more extreme symptoms including depression, anxiety and severe pain.

Contact BARRY HEALY, SOLICITOR,

047 71556

barry@healylaw.ie

Tell us about your case

CLAIM TYPE

 Personal Injury Med Neg Family Law

If you have a question about your Road Accident Compensation claim contact us on call 047 71556 or 01 6468700 Email us or tell about your case and start your claim today. barry@healylaw.ie

What to do if you were injured in a Road Traffic Accident

In order to be eligible to purse a compensation claim there are a few factors that must be considered first. You must be able to prove that you have suffered an injury due to the fault of another party because of their negligence. Often it’s obvious who is at fault but road collision claims can be also be complex if a few parties are involved or the other side won’t admit liability. We encourage defendants to deal with their claim at the earliest possible stage so If you’ve been injured in a road collision its best to gather as much evidence as possible to support your claim which includes:

Contact Details

Ensure you get the contact details of all people involved in the accident, names, phone numbers, vehicle registrations, and most importantly insurance details. If there were any witnesses present also take their contact details.

Photographs

Take photographs of the scene of the accident, Snaps from your phone are sufficient. If you can’t take photos, try to draw a sketch while you are at the scene. Often victims are so in shock it can be difficult to describe what happened afterwards.

Hospital Records & Receipts

Retain any medical records, receipts for medical treatments, GP and Consultant visits and any medication prescribed due to the accident.

Loss of Earnings

Part of your compensation will also be based upon the financial impact the accident has had one you, eg. If you’ve had to take unpaid leave due to the injury or any other expenses that you have incurred due to the accident, keep a record of all receipts

We are Specialists in Personal Injury Claims*

Simply call us on local 047 71556 email us or tell about your case and start your claim today.

*In Contentious business a Solicitor cannot claim fees as a percentage of the Settlement/Award of Damages

Hospitals Duty Of candour

The only solution is to have a Statutory Duty of Candour.

A Duty of Candour should be introduced for all Hospitals and medical Professionals, it is is simply a responsibility on hospital, medical and nursing staff to tell the truth to patients, when there has been a mistake, which has adversely affected the patient. So if a Radiologist misses a cancer reading on a CT scan, or if a patient contracts sepsis after surgery, there should be a Statutory obligations on the medical staff to admit that to patients or their families as soon as they realise their error.

It is a sad indictment of our system that the most obvious approach, namely to tell the truth, needs to be legislated for but that is the reality.

The proposed new legislation merely supports a National Policy of Open Disclosure which has been in place since November 2013. Unfortunately, this policy of open disclosure has not been complied with.

Tony O’ Brien, HSE Director General, has himself criticised the adversarial framework used to resolve litigation. Yet the solution to the problem is within the gift of Mr O’ Brien and his organisation. Tell the patient what happened and admit liability. Stop this war of attrition. The patient, the tax payer and society in general, will be better served.

Barry Healy, Solicitor, Monaghan and all of the Solicitors in Barry Healy & Company, Solicitors Monaghan can assist with any queries re medical Negligence.

047 71556

barry@healylaw.ie

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Family Farm Transfer

One of the most common transactions in a rural legal practise is that of the transfer of the family farm. It is now accepted that greater emphasis on planning for the handover of the family farm to the next generation is vital to ensuring future viability and sustainability, Barry Healy and company Solicitors in Monaghan are very experienced in transferring Family Farms.

Advance  Planning and taxation advice is very important in relation to this transaction. A will should also be made and Barry Healy & Company, Solicitors, Monaghan can assist in this regard.

 All concerns can be addressed depending upon your individual situation. Barry Healy & Company, Solicitors, Monaghan can advise comprehensively in this regard.

 Efficient tax planning is vital when considering a future transfer of assets and also when making a will. Professional advice should be obtained well in advance as it is possible to take steps to reduce or even eliminate the tax burden. The main taxes to be considered are Capital Acquisitions Tax (CAT), Capital Gains Tax(CGT) and Stamp Duty. The current rate of CAT and CGT is 33% and when applied could create an insurmountable debt for both transferor and transferee. 

Emer Holohan,

Property Solicitor,

Barry Healy & Company, Solicitors, Monaghan.

BARRY HEALY & COMPANY, SOLICITORS, MONAGHAN

Email barry@healylaw.ie

047 71556

01 6468700

PERSONAL INJURY

CAR CRASHES

WORK ACCIDENTS

ROAD TRAFFIC ACCIDENTS

PERSONAL INJURY

WHIPLASH COMPENSATION CLAIMs

Do I have a Personal Injury Claim?

If you have been injured in an accident you may be entitled to compensation. In assessing whether or not you have a valid personal injury claim, we at Barry Healy & Company, Solicitors, Monaghan consider inter alia the following:

1. The facts of the accident and who is responsible for the accident?

2. When the accident occurred and if you are within time to lodge an application with the personal injury assessment board?

3. Have you been injured?

4. What out of pocket expenses you have occurred because of the accident.

The Legal Process

The majority of personal injury claims are required by law to be submitted to the Injuries Board.

These include:

– motor accident,
– accidents at work
– and accidents in public places.

Barry Healy & Company, Solicitors, Monaghan, are very experienced in dealing with Motor Accident Claims, Car Crash Claims and Accidents at work.

There are a number of case types which the injuries board will not deal with, these include:

– medical negligence cases,
– assault cases
– and cases where the injuries are wholly psychological.

There are strict time limits for making an injury claim. In the Republic of Ireland this period is 2 years from the date of accident. This is known as the statute of limitation. Failure to act within this time period may involve a loss of any potential right to compensation!

We at Barry Healy & Company, Solicitors, Monaghan will advise you in detail with regard to how to make a claim for compensation arising out of any type of Personal Injury.

The Injuries Board may issue an authorisation permitting an injured person  to issue court proceedings if:

• the person causing the injury refuses to consent to the Injuries Board assessing a case or
• in certain circumstances where the Injuries Board are of the view that they will not be able to assess an injured persons injuries within the time frame permitted under statute.

If you have filed an application and have received an authorisation from the Injuries Board permitting you to issue court proceedings, you should contact Barry Healy & Company, Solicitors, Monaghan to issue proceedings on your behalf to ensure your com pensation claim does not become time barred.

It may also be decided by the court, or indeed agreed between the parties, that both the defendant and the plaintiff were partially at fault for the plaintiff’s injury and in such circumstance the principle of contributory negligence applies.

Contributory negligence is the legal principle that an injured party i.e. the plaintiff, may possibly have contributed to his or her own injury by acting in a negligent manner when faced with the obvious and known conditions. When this is compared with the negligence of the defendant (or defendants), the extent of contributory negligence may defeat the plaintiff’s case (i.e. the claim will be unsuccessful) or reduce the amount of compensation awarded. Often, for example, it may be agreed that the plaintiff bore 25% of the responsibility for his or her accident while the defendant was responsible to a degree of 75%. In such circumstances, the plaintiff’s damages, assessed by the severity of his or her injury and loss, will be reduced by 25%.

Negligence without an injury therefore, or alternatively, an injury without negligence, are not enough to pursue a successful personal injury compensation claim. Barry Healy & Company, Solicitors, Monaghan will advise regarding any Contributory negligence in respect of a Motor Accident, Work Accident Claim or any type of Compensation Claim.

Important information in any Accident:

1. Take photos of the location

2. Take names and addresses of any witnesses

3. Try and obtain name of contractor who may have caused obstruction

4. Report to your doctor asap and get your injuries treated.

   Contact Us

   For legal advice in relation to Personal Injury Claims, please contact us Barry Healy & Company, Solicitors, Monaghan

• Call us on 047 71556

• e-mail us at barry@healylaw.ie

• Use our Call Me Back form at we’ll be in touch.

  *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Accident Claims*

If you have suffered injury, loss, damage or expense as a result of the negligent act or omission of another party you may be entitled to compensation from that other party or his or her insurers.

Beware if you have been injured in an accident you must issue a Notice to the person you hold responsible for your injury within two months of the accident as otherwise there may be cost implications for you.

You have only two years from the date of your accident within which you must register your application. A medical report must be lodged with your application. 

Contact Us

For legal advice in relation to Accident Claims, please contact us:

• Call us on 047 71556

• e-mail us at barry@healylaw.ie

• Use our Call Me Back form and we’ll be in touch.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Road Traffic Accident Compensation Claims*

What Should I Do Following a Car Accident?

You should always make your health and the health of your passengers your top priority. If you have not already reported the road traffic accident to the Gardai, you should do so as soon as possible. If you have any doubts about the circumstances of the accident or can not remember all the details, you probably should speak to a solicitor at Barry Healy & Company, Solicitors, Monaghan immediately to get professional help reporting the incident to the Gardai and then dealing with any injury compensation claims.

Top Priority: Your Health

It is of the utmost importance that you report to the casualty department of the nearest hospital or at the very least make an emergency appointment with your general practitioner, should you have been injured in a road traffic accident. Even if you feel that your injuries are not particularly serious, it is still advisable that you see a doctor. Never underestimate peace of mind. The reality is that monetary compensation is no substitute for your health and wellbeing and as any solicitor at Barry Healy & Company, Solicitors, Monaghan who specializes in personal injury litigation can tell you, a common remark from clients who have received large settlements after being seriously injured is that they would exchange the money in order to revert to their prior health and fitness ‘in a heartbeat’.

Further, it should be noted that your attendance at hospital or with your doctor will be recorded in your medical records which may later be used in evidence to support your claim.

Police – The Gardai

Following a road traffic accident, it is essential that you report the matter to the Gardai. If there are no obvious injuries at the time, the Gardai may well indicate that they will not be attending the scene. This is in accordance with the general policy to let the drivers of both vehicles resolve the matter themselves.

As one would expect, should the accident have been of a more serious nature and an ambulance has been called, the Gardai will attend and take statements from the various parties and witnesses (if any) and make a sketch of the accident scene. The Gardai investigation may result in a referral to the Department of Public Prosecutions (DPP) for prosecution.

If, as is often the case, the Gardai do not attend the accident scene it is advisable to visit your nearest Garda station at the earliest opportunity to request that they take details of the accident i.e. names, insurance details and registration numbers of both parties and the date, time and location of the accident itself, you should then contact us at Barry Healy & Company, Solicitors, Monaghan. Each Garda station keeps a road traffic accident report book precisely for this purpose.

Car Accident Formalities

As most people are no doubt aware it is very important to exchange names, addresses and insurance details with the other driver following a car Crash/Accident. This is, however, not always possible as one or both parties may be very seriously injured or perhaps aggressive and confrontational following the collision. What you should do, however, in all circumstances is note the registration number of the vehicles involved. The identity and insurance details of the other parties involved in an accident can usually be later verified from the vehicle registration number. All this information should be furnished to your solicitor at Barry Healy & Company, Solicitors Monaghan who will advise how to proceed with your compensation claim.

Hit and Run Car Accidents

It is not always possible to obtain details of the other driver at the scene of a car crash/accident. Of course, when serious injury occurs this will undoubtedly take precedence over the exchange of names, addresses, and insurance details. If you have been unfortunate enough to have been involved in an accident such as this, our solicitors at Barry Healy & Company, Solictors, Monaghan can still pursue a claim on your behalf. Should the Gardai have attended the scene of the accident, Barry Healy & Company, Solicitors Monaghan can very simply request and pay a small fee for the details of the other driver and a copy of the relevant Gardai report.

Alternatively, you may well have been a victim of a ‘hit and run’ incident or have later discovered that the driver of the other vehicle was uninsured at the time of the car crash/accident. In such circumstances please note that Barry Healy & Company, Solicitors, Monaghan can submit the matter to the Motor Insurers Bureau of Ireland, a body that exists to protect the victims of road traffic accidents when the party at fault is untraced or uninsured. The MIBI can act as the ‘insurer’ of the unknown or untraced driver and can, if appropriate, make a compensation payment to the victim.

Make Use of Technology

In modern Ireland it is fair to say that most of us own a mobile phone that should obviously be used immediately following an accident to contact the Police/Gardai and, if necessary, an ambulance. You should also utilise the camera and/or video function present on most modern cell phones to record images of both vehicles (showing damage to the cars and their road positioning) following the car crash/accident. Furthermore, it may also be useful to your road traffic accident/car crash  claim if the pictures can give an accurate impression of the weather and road conditions. Obviously, the licence plate number of the other vehicles can also be recorded in this way.

Do Not Admit Liability

It is very important that you do not admit liability at the scene of the accident as it is in fact very often a condition of your Insurance Policy not to admit liability following an accident. It is perhaps best policy not to discuss liability for the accident at the scene if at all possible. Even in circumstances where it is very clear that the other party has been at fault, you should remain polite and all times assist the other driver if he or she has been injured and then exchange particulars (name, addresss, insurance details).

Summary

• It is always in your best interests to speak with a solicitor before making road traffic accident claims because of the procedures involved to ensure a claim is successful. Ring us at Barry Healy & Company, Solicitors, Monaghan 047 71556/ 01 6468700

• Your health should be your first priority after a caraccident. Claims are assessed on the severity of your injuries and a doctor´s report will be required by the Injuries Board Ireland.

• Wherever possible, you should exchange names, addresses and insurance details with the other driver. CarCrash/Accident claims may still be capable of being processed without them due to modern technology.

• The Gardai should be made aware of your caraccident. Claims for compensation may hinge on what is written in their report and if they have not attended the scene you should report your accident to them.

• Car Crash and Motor Accident claims are determined by facts rather than opinions. Not admitting liability is often a condition of an insurance policy, so it is best not to discuss liability for the accident with the negligent driver.

• All Caraccident claims are unique, and it is better to discuss your personal circumstances with a solicitor at Barry Healy & Company, Solicitors, Monaghan 047 71556 or 01 6468700

Contact Us

For legal advice in relation to Road Traffic Accident Compensation Claims, please contact us:

• Call us on 047 71556

• 01 6468700

• e-mail us at barry@healylaw.ie

• Use our Call Me Back form at we’ll be in touch.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Car Crash/Accident Compensation Claims*

WHAT SHOULD I DO FOLLOWING A CAR ACCIDENT?

1. Call the emergency services if necessary - 999

2. Move away for damaged cars to somewhere safe

3. Call the Garda if anyone has been injured in the car accident

4. Obtain the registration number of the vehicles involved

5. Exchange information with the other person(s) involved in the Car Accident (Names, Addresses, Telephone Numbers, Insurance Information – Name of Car Insurance Company and Policy Number)

6. Get the names and addresses of any witnesses to the car accident

7. Take pictures of the Car accident Location and vehicles involved using a camera phone or digital camera

8. Call Barry Healy & Company, Solicitors 047 71556/ 01 6468700

First Priority:

If you have been injured in a Car Crash/Motor Accident you should attend at the Accident & Emergency Department of the nearest hospital or at the very least attend with your General Practitioner. Even if your injury is not serious it is still advisable that you see a Doctor. Although you may be entitled to monetary compensation for your injury money is no substitute for peace of mind. I can say from hard experience that money received in respect of a car injury compensation would always be exchanged by claimants in return for their prior health and fitness.

Further if you attend the accident & Emergency Department of a Hospital or attend your General Practitioner the injury that you sustained in the Car Accident will be recorded. This may be very important if you decide to bring a Car Accident Injury Compensation Claim.

The Gardai

Following a Car Accident it is essential that you report same to the Gardai. It can often happen where there are no outwardly serious injuries that the Gardai do not attend. If this is the case it is still advisable to visit your nearest Garda Station at the earliest opportunity and give them the details of vehicles involved, insurance policy names and numbers and also ask them to record the nature of any injury whether it is a back Injury or a whiplash injury these small steps can be very important should a compensation claim for Personal Injury be made either by you or by a Third Party.

• INSURED DRIVERS

• UNINSURED/UNTRACED DRIVERS

• DRUNKEN DRIVERS & CAR ACCIDENTS

• FATAL CAR ACCIDENTS

As I said above it is important to try and exchange details with the other Drivers involved in the Car Crash/ Motor Accident. If you are involved in a car accident with an insured driver and they are at fault their insurance company will cover the costs of your Injury Claim. It is mandatory in Ireland to process your claim initially through the Injuries Board (PIAB). I will help you with this process to ensure you get adequate compensation for your Personal Injury. The Injuries Board (PIAB) have a Book of Quantum which gives and indication of the range of Compensation for a particular personal injury. All types of Personal Injury are detailed in the Book of Quantum including Whiplash, Head Injury, Arm/Leg Amputation, Neck Injury, Back Injury and Trunk Injury, Fractures, Crush Injury. All injuries are categorised as

• Substantially Recovered

• Significant Ongoing

• Serious and Permanent Conditions

Whiplash symptoms may be minor whiplash, Acute whiplash or chronic whiplash

The Book of Quantum state that a whiplash injury which has substantially recovered within 12 months may be assessed up to €14,400. A whiplash injury which has substantially recovered within 24 months is assessed at a value of €11,500 to €17,400. Someone suffering with significant and ongoing Whiplash Injury is valued between €15,900 and €64,500 while a serious and permanent whiplash condition is assessed with a value between €59,400 and €78, 400.

It is not however always possible or even advisable to try and exchange details; the driver of the other car in the accident may be drunk, aggressive or seriously or even fatally injured.

Of course when a serious or fatal injury arises from a car accident the most important thing is medical care. However other than in this case it should always be possible to get some basic details such as the registration number of the other car and you should endeavour to get these.

If you are involved in a car accident with someone who is uninsured you can claim compensation for your Personal Injury through the Motor Insurers’ Bureau (MIBI)

Hit and Run accidents may also be dealt with through the Motor Insurers Bureau (MIBI)

The Motor Insurers Bureau (MIBI) can act as (insurer) of the unknown or untraced driver and can, if appropriate, make a compensation payment to the victim in respect of any Personal Injury.

MAKE USE OF TECHNOLOGY

Nowadays most of us have a Mobile Phone and the camera/video function can be useful if you have been in a car accident in order to take pictures of the damage to the cars and there respective locations on the road, it can also be use to record the Registration Number of the cars involved in the car accidents.

DO NOT ADMIT LIABILITY

All car accidents are unique whether they happen in Monaghan or Dublin and it is better to discuss the details of your accident and your injury with a Solicitor before you make a statement regarding liability.

Contact Us

For legal advice in relation to Car Crash/ Motor Accident Compensation Claims, please contact us:

• Call us on 047 71556

• 01 6468700

• e-mail us at barry@healylaw.ie

• Use our Call Me Back form at we’ll be in touch.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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