Claims Ireland

What's my claim worth?

If your claim is successful, you will be awarded compensation. Such awards are intended to put you in the same financial position in which you would have been had your accident not occurred.

Damages are assessed under various categories which include:

Damages for pain, suffering and loss of quality of life This type of damages are often called “general damages” and is the compensation that you receive for the actual injuries that you have sustained. The amount of compensation that you get will depend on the nature and extent of your injuries and the effect on your normal activities such as sports and hobbies.

You may be entitled to damages if you witness or are involved in an accident in which someone else is injured and if you suffer a psychiatric injury.

Damages for your financial losses

This type of compensation is also known as “special damages” and is compensation for all losses you have suffered or expenses that you have incurred because of your injury.

These will include:

• loss of earnings
• any private, medical or therapeutic expenses (e.g. physiotherapy)
• the cost of any aids and equipment that have been purchased.
• travelling expenses incurred by you and your relatives.
• damage to your motor vehicle or other items involved in the accident.
• cost of car hire.
• the value of care that is provided to you by your family, partner, or friends after you were discharged from hospital, to the date that your case is settled. This will take into account loss of earnings suffered by anyone who has provided care support for you.

It is important that you keep a note of all of the expenses that you have incurred and retain receipts for items purchased as a result of the accident so as to prove that you have suffered these losses.

Damages for future losses and expenses

Some people who have sustained serious injuries suffer long-term losses and expenses as a direct result of their injuries. Calculation of the actual sums involved is complicated, however, compensation will take into account some or all of the following:

• Future loss of earnings, including the loss of any promotion prospects
• Loss of pension rights
• Costs of providing all personal care support required in the future, even where it is likely that a relative will provide care on a voluntary basis
• Costs of a Case Manager, if this is necessary
• Damages representing the losses incurred if special accommodation is required including any extra domestic expenses
• Costs of physiotherapy and any other specialist therapeutic services
• Costs of any special aids and equipment including their annual maintenance and replacement costs.

Extra costs of transport, particularly if a specially adapted vehicle is necessary.

Death

Compensation may be available to the family members (including co-habitees) of anyone who is killed in a road accident.

The law in relation to who is entitled to compensation and how much is complex and should be discussed with your solicitor.

In essence, compensation is based on the extent of your financial dependency on the deceased or on the services (e.g., housework, DIY, gardening) he or she provided, although there is an award that is made for bereavement.