Often, after an accident occurs, the victim is told that they do not need a solicitor or is put under pressure to accept a fast settlement offer. However, it is in the victim’s best interests to consult with an experienced personal injury solicitor before accepting any settlement offer for their personal injury claim.
An experienced solicitor who specialises in personal injury* claims is well placed to advise you if a settlement offer is fair, and to let you know what your options are if it isn’t. It is vital to remember that insurance companies employ a wide range of experts from claims managers, motor vehicle assessors, actuaries and medical advisors to represent them and if you have had an accident it is important that you are represented also.
Here are a few reasons why it is important to have a solicitor represent you:
Firstly, it may seem easy to fill out the Injuries Board Form A Application Form yourself, but what you might not know is that the Injuries Board require that each application must come with a medical report which is prepared by a medical practitioner. It is essential that this report be completed by the right medical professional.
What you might not know going to fill out the Injuries Board application, is that your claim is assessed solely by documentation and not by oral hearing. This means that it is vital to have the correct information regarding your claim from the very start. If something is not correctly identified, such as a out of pocket expense then you may not be able to recover it.
Secondly did you know that if you do not make a claim in the correct time, you will likely be statute barred from making a claim at all? Under the Statute of Limitations and Civil Liability Acts there are strict time limits to taking claims which must be adhered to.
Luckily, a personal injury solicitor will be able to advise you on deadlines before you are statute barred from taking a claim. They will also advise you on how they relate to your individual case. The Personal Injuries Assessment Board application is not always as straight forward as you may think which is why you should seek a solicitor’s advice to help you begin your claim.
Thirdly when the Injuries Board make an assessment on your claim, they do so based on all the documentation provided. Their assessment of the medical evidence is not made out of the blue, but is required by law to be guided by the Book of Quantum. However, the Book of Quantum only gives minimum and maximum values, meaning each case is dealt with on its own circumstances.
When the assessment of damages is made and received by the claimant there are only 28 days to accept it. If you do not accept it within this period, this is taken to be a rejection of the assessment. If you have no solicitor to advise you on the quality of this assessment it is possible you could be awarded compensation lower than you should be owed. This could happen without solicitor guidance because the Injuries Board do not advise whether the assessment is a good, bad or fair assessment.
Always remember that the purpose of the Injuries Board is to reduce the costs of claims to the insurance industry.
Advice from Mulroy Personal Injury Solicitors can help you make a clear decision on whether to accept or reject the assessment. They will also advise what implications there may be of accepting or rejecting an assessment
The advice of Mulroy and Company Personal Injury Solicitor is simple – Never settle a claim without obtaining legal advice.
Mulroy and Company Personal Injury Solicitors are here to help. Please do not hesitate to telephone us at 091 – 586760 or email us to discuss your claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.