Accidents can happen anytime so it's important to know what to do if you get injured in a road traffic accident, an incident in your workplace or a public place.
Before I mention the steps it is important to note that, usually you have 2 years from the date of the accident to bring a personal injuries claim.
On the day of the accident, if you have been involved in a road traffic incident, make sure to gather as much information from the other side as name, contact details, insurance details, car registration and take note of any witness. It can also be helpful to take pictures of the injuries and place of accident so you give the solicitor a better look of what happened.
Call the Garda to attend the place of accident and call the ambulance if necessary to be seen by a medical specialist as soon as possible.
Make an appointment with your GP and follow his advice in relation to further medical proceedings which might be necessary to recover from your injuries. You will need to obtain a medical report to confirm your injuries, the treatment and the timeframe for recovery. Obtaining a medical report can take a while depending on the severity of your injuries, but it is crucial in order to progress matters in a personal injuries claim.
If you are unfit to work due to the injuries sustained from the accident, request a medical certificate from your doctor and send it to your employer. If you are not paid during the sick leave, you can apply to the Social Welfare Department for Injury/Illness Benefit.
The next steps involve sending an initial letter of claim to the person, company responsible for your injury or to the insurance company if you have been involved in a road traffic accident and submitting the application to PIAB.
The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland, with the exception of medical negligence claims, must be submitted to PIAB. You can find more useful information on https://www.piab.ie.
PIAB will assess the claim for you based on the medical report you provide as well as on the medical report carried out by an independent medical practitioner. The assessment process can take up to 1 year and the Board will issue a decision on the value of your injuries in accordance with the Personal Injuries Guidelines. If the assessment is accepted by both parties, PIAB will issue an Order to pay which has the same value as a court decision and can be enforced against the respondent. If one of the party will refuse the PIAB assessment, the board will issue an Authorization which will give you the right to submit your claim to court.
If you have been in an accident and you are unsure of what to do, set up an appointment with us today. We are here to help.