Continued success in out of court settlements in personal injuries
By Kevin Feighery
Recently Mellotte O’Carroll Solicitors have represented their clients in a number of successful out of court settlements for personal injuries.
Out of court settlements for personal injuries can be obtained when a settlement is agreed upon between the parties involved in a personal injury compensation claim. Since 2004, nearly all personal injury claims in Ireland must be submitted to the Injuries Board, who assess the injured party’s case and assigns a financial value to their claim. When this value is accepted by all parties involved, the case is settled out of court.
It is also possible to achieve an out of court settlement in negotiations which the plaintiff’s solicitor may hold with the negligent party’s legal representatives. If these negotiations are successful a settlement can be agreed on in that way.
More than 80 per cent of personal injury compensation cases do not go to court as they are satisfactorily settled first, usually when the negligent party offers the plaintiff compensation which is duly accepted.
The Injuries Board’s Role
In order to attempt to obtain out of court settlements for personal injuries through the Injuries Board, the plaintiff must first submit their claim – preferably within two months of the accident in which they sustained their injuries – along with a medical report from the medical practitioner who treated, and is potentially still treating their injuries, and proof of special damages – out of pocket expenses such as the re-structuring of a house to accommodate a wheelchair, for example.
Engaging with a Solicitor
Although submitting an application to the Injuries Board can be done independently, most people engage a solicitor to assist them with the often complicated process. Additionally, comfort can be sought from having someone with the specialist expertise necessary “on their side” to help them obtain the maximum compensation award they are entitled to.
Mellotte O’Carroll Solicitors offer an initial consultation without charge where they can assess their potential client’s claim. If we are satisfied that there is a viable claim we will then need to know all of the facts surrounding the accident, details of all of the injuries that our client sustained and all of the financial costs that our client has incurred that can be directly attributed to the accident and subsequent injuries.
In order to support our clients claim it is necessary to be able to gather evidence required in order to ensure a successful case such as witness statements, accident reports and perhaps even CCTV footage and any costs incurred associated with the accident and/or injuries, such as medical costs or loss of income will need to be calculated.
If you have been involved in an accident that was due to another party’s negligence in which you sustained injuries and believe that you have a potential personal injury compensation claim, please contact Mellotte O’Carroll Solicitors at our Athlone office on 090 6492692 or Mountbellew office on 090 9679772
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.