If you have been involved in a road traffic accident that was not your fault, you may be eligible to seek legal remedy and claim for any personal injuries and psychological injuries sustained. The claim will also take into account the potential long-term impact that the accident can have on the victim’s quality of life. Road traffic accidents are among the most common cases to be submitted to the Personal Injuries Assessment Board. This area of law relies on the principles of negligence.
Liability
To prove liability, the claimant must prove the following:
- Duty: Drivers have a legal duty to obey the rules of the road and to drive their vehicles in a reasonable and safe manner.
- Breach: Subsequently, the claimant must prove that the defendant breached this duty.
- Causation: The claimant must then prove causation. It must be proved that the personal injury was caused by the defendant’s breach of duty. This can be proved by an expert witness who can confirm the cause of the injury and prove that it was not pre-existing.
Compensation
The amount of compensation that will be awarded for a road accident will be separated into 3 different categories.
- General Damages – the compensation awarded for the non-financial impact on your life such as the injury and suffering that you have endured.
- Special Damages – the compensation awarded to cover the expenses you have accrued due to the accident such as loss of earnings and treatment costs.
- Material Damages – the compensation awarded to cover personal property such as the damage to your vehicle due to the accident.
Please do not hesitate to contact McElhinney & Associates Solicitors today on 074 91 75989 or email us at admin@mcelhinneyassociates.com
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
