A Solicitor is invaluable in making an application to the Personal Injuries Assessment Board, as there are a large number of pitfalls which can and do become fatal to a Claimant’s application.
For example the correct Defendant must be named. It may be very simple that the correct Defendant is another individual that you know well and are aware of their name and address etc. However, in a road traffic accident you may have to name both the driver and the owner of a vehicle which will require searches to confirm details of both. The owner of the vehicle could be a company which may require further investigation.
Your Solicitor, at an early stage will take the proactive step of writing to the Defendants seeking confirmation that they will preserve any evidence that may be required. For example, CCTV evidence can be absolutely crucial to a case, however, if the Defendant has not been put on notice that, that CCTV evidence is required it could be easily destroyed. If your Solicitor does not get confirmation that the Defendant agrees to preserve the evidence then they can bring an application to the Court to force the Defendant to preserve the evidence that you require for your case.
There are numerous other pitfalls that your Solicitor will guide through to ensure that you have the best possible chance of success.
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
