Pedestrian Accident Compensation Claims

Pedestrian Accident Compensation Claims

Like many compensation claims involving road accidents, claiming compensation for pedestrian injuries can be complicated.

Liability is often contested, as many pedestrians are injured due to his or her own inattention when walking out onto the road.

Additionally, many claims are rejected because the potential claimant was intoxicated when injured. Usually, contested or contributory negligence will not result in the complete forfeit of a claim, but rather a greatly reduced settlement.

Pedestrian compensation claims are often settled for very high amounts; as such, insurance companies will often contest the claim and this may greatly protract proceedings.

To help you through proceedings, it is advisable that you consult a solicitor as soon as possible after an accident occurs.

Call us now for an impartial discussion about your accident and whether you have a valid claim. There is no obligation or pressure to proceed with a claim so call us now on freephone 1-800 844 306.

Immediate Aftermath of a Pedestrian Accident

Your health should always be the top priority following an accident.

If you have been severely injured, you should call an ambulance to the scene. Even if you do not present any immediate injuries, you should visit a nearby accident and emergency department or make an appointment with your GP.

This can prevent any long-term injuries, as well as help your case for compensation. The longer you leave seeking medical help, the less likely you are to be compensated for your injuries as it could be argued that some intervening event, and not the road accident, caused the injuries.

Additionally, so long as your health is not jeopardised, you should try to collect evidence of accident. If the negligent driver is still present, you should exchange contact and insurance details.

Additionally, you may want to call the Gardaí, particularly if someone is injured. If they choose not to attend the scene, it is still advisable to visit a Garda station and make an accident report.

Making a Claim for Compensation

After consulting a solicitor, the first step to claiming pedestrian injury compensation is to make an application for assessment to the Injuries Board Ireland.

ks94055The Board, which deals with all personal injury claims, will then contact either the negligent driver’s insurance company or the Motor Insurers’ Bureau Ireland (MIBI), who deal with cases involving unknown or uninsured drivers.

Should the insurance boards be consenting, the Injuries Board will then conduct an assessment. The Injuries Board will then use all the evidence gathered to calculate the sum of the compensation settlement.

You will then be issued with a “Notice of Assessment”, advising you of the amount of compensation to which the Injuries Board deems you entitled. You, or the accused party, may choose to accept or decline this assessment.

If both parties agree on the settlement, the Injuries Board will then issue an “Order to Pay”. You will then receive the agreed sum from the insurance company, deducting any state benefits that you received during the intervening period.

Contested Compensation Claims

However, it is possible that one or both parties will disagree with the assessment made by the Injuries Board.

If this is the case, the board will then issue you with “Authorisation” to pursue your claim through the courts. This is not always necessary, as many claims will be settled through out-of-court negotiations between your solicitor and the negligent party’s insurance company.

The insurance company will try to save as much money as possible during these proceedings, and it is entirely likely that they will approach you with an early offer of compensation. It is strongly advised that you do not accept this offer, as it will rarely suffice. If you choose to accept, and later find that it does not cover all of your expenses, you cannot return to ask for more. If you are approached with a settlement offer, present it to your solicitor.

He or she will be able to advise you on whether or not it is a fair settlement, and if you choose not to accept it, he or she can use it to open up negotiations with the company.

Determining the Value of a Settlement

how-much-injury-compensationBefore beginning the stressful process of claiming compensation, many victims want to know how much money they can expect to receive from a settlement. However, this is an incredibly difficult question.

Calculating compensation settlements accounts for a number of factors: age, health before the accident, impact on quality of life and severity of the injuries are all considered, as well as other factors. Additionally, you may be able to claim “special damages”: compensation for medical expenses and loss of earning incurred as a result of the accident.

However, before spending money on any procedures, it is best to consult a solicitor to see if you can recover the costs.

Pedestrian Accident Compensation: A Summary

Liability is often contested in pedestrian accident claims. They are frequently caused by the inattention of the pedestrian, or have other factors – such as alcohol – involved. Yet it may be possible to claim compensation. As with all personal injury claims, the application is first made through the Injuries Board Ireland.

If the assessment is deemed inappropriate, negotiations will begin between you and the insurance company of the negligent driver. Occasionally, claims will need to be resolved in court.

To help you through these proceedings, we advise contacting a personal injuries solicitor as soon as possible after your pedestrian accident has occurred. He or she will help you secure the fairest possible settlement of compensation for your suffering.

Call us now for an impartial discussion about your accident and whether you have a valid claim. There is no obligation or pressure to proceed with a claim so call us now on freephone 1-800 844 306.

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Discuss your case with an expert solicitor.

We promise to provide impartial advice and to help clarify your next steps. Whether you decide to move your case forward or to use our services is entirely at your own discretion.

Speak with a Solicitor Now by calling us on 085-881 8857