We All Know Accidents happen.
Yes, accidents do sometimes happen and there are times when you might be considered to be at fault in an accident resulting in a personal injuries claim. These personal injuries accidents might come as a result of road accidents, work related accidents, or premises and personal property accidents to differentiate, road accidents are those that involve vehicles either injuring other motorists or pedestrians, work related accidents are those that happen within the workplace as a result of unfavorable work conditions, while personal property accidents are those that happen as a result of the failure on the property’s owners to maintain his premises and ensure safety. If you are a party to a personal injury claim as a defendant, there are several options that you can take. But first, you have to make sure that you have a solicitor to help you go through the proceedings and to ensure that you are not held liable for more than you are actually responsible for. In most cases, defendants of personal injuries claims can choose to settle with the plaintiff or the claimant, to let the case go to the Personal Injuries Assessment Board, or to let the case persist and get elevated to the District Court, the Circuit Court, or the High Court.
Personal Injury Defence
As a defendant in a personal injury case, you and your solicitor should make sure that you have all the documentation and evidence that you need in order to present your case and limit your liability only to what is reasonable. Although there is often no need for any oral arguments to be made in the Personal Injuries Assessment Board or the Injuries Board, most defendants in personal injury cases still opt to make the wise choice of hiring a solicitor to prepare for the possibility of going to court. Despite being prepared for the worse possible scenario, these personal injury solicitors exert effort to resolve the case as soon as possible, often without letting the case go to court. Among the details and documentation that your personal injury solicitor should have include a Gardai report of the accident, photos or sketches of the scene of the accident, and medical reports from your GP in case you also suffered some injuries. It is then the task of the Injuries Board to make an assessment of the personal injury claim based on the documents submitted to them, the Injuries Board conducts no further investigations.
Personal Injury Complications
While it might seem that being a party to a personal injury claim is simple enough, there are complications that might delay the process or could cost you more than what is necessary. Again, this is another reason why you should take on the services of a solicitor. It is often advised for the defendant not to claim or admit liability right away and leave it to the Injuries Board or the Courts to determine financial liability. When the Injuries Board has made their assessment of the case and has come up with the amount of liability you would have to indemnify the claimant with, you have 21 days within which to reject the assessment, otherwise, you will not have any other choice but to pay the claimant the amount assessed by the Injuries Board. Needless to say, you should not let this deadline pass without conferring with your personal injuries solicitor and making a decision if you think that you are being unfairly asked to compensate the claimant for more than what the medical treatment for his personal injuries would really cost.
