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Ennis Co Clare (065) 6820620

Accident Claims

What you need to know if you have an accident.

Accidents can happen anywhere, on the road, at work, on public or private property, even in hospital. If you are unfortunate enough to have an accident the following information will be useful to you:

Types of accident and useful tips.

Road traffic accidents – typically these include accidents on the roads, whether you are a driver, passenger, motorcyclist, pedestrian or cyclist

  • Immediately get the following from the other driver – vehicle registration number, insurance details, name, address and contact number.
  • If witnesses are present, obtain their contact details.
  • Make a note of the date, time, location and weather conditions.
  • Report the accident to the Gardai.
  • Do not admit liability at the scene of the accident.
  • Where possible take a photograph of the scene and any visual damage to persons or property.
  • Have your injuries examined by a medical expert without delay.


Accident at work – typically these involve lifting and carrying weights which are too heavy, injuries caused by unsafe machinery and slip and fall injuries caused by unsafe floors or other surfaces

  • Report the accident immediately to your employer.
  • Make a note of the date, time and location of when and where the accident occurred.
  • If witnesses are present, record their contact details.
  • Take a photograph/draw a diagram of the scene.
  • Have your injuries examined and recorded by a medical expert as soon as possible.
  • Ask for a copy of the accident report form. Do no sign anything without taking advice.


Accidents in public places – typically involving slip and fall injuries as a result of badly constructed roads, footpaths and public spaces or floors in shops and supermarkets

  • Make a note of the date, time and location of when and where the accident occurred.
  • If witnesses are present, obtain their contact details.
  • Take a photograph/draw a diagram of the scene.
  • Have your injuries examined and recorded by a medical expert without delay.


Injuries to children

The rule that a compensation claim will be lost unless it is brought within two years of the date of the accident does not apply in the case of a child as time does not begin to run until the child reaches 18 years of age. A child can however, bring a compensation claim before their eighteenth birthday if a parent or guardian acts on their behalf.


HOW MUCH TIME DO I HAVE?

You must bring your claim for compensation within 2 years of the date of your injury. If you do not do so within that time period your claim will be barred. There are some exceptions to this rule (as in the case of children) but in general the two year time limit applies.

It is important to get advice from your solicitor as soon as possible after an accident. If you delay, essential evidence can be lost or destroyed or it may prove difficult or impossible to collect details of the identity of crucial witnesses. It is also preferable to take statements from witnesses while their memories are fresh.


MUST I ATTEND COURT?

The great majority of accident cases are settled out of Court. Many are settled on the Court steps, so while you may have to attend Court it is unlikely that you will have to give evidence.