There is no such thing as a claim for compensation that is guaranteed to be successful. Every claim for compensation presents a degree of risk.
However, if you have been injured and if it can be shown that it was someone else’s fault then there is a good chance that you are entitled to claim for compensation for your injuries and other losses.
Even where you were partially to blame yourself for your injuries, you can still be successful in taking a claim for compensation for your injuries as long as it can be shown that someone else is partially to blame. in such cases, your award would be reduced by the percentage to which you are held to be responsible for the accident yourself.
In our experience, to have a claim for compensation worth pursuing, you need the following:
- To have been injured though the fault of another party (even partially)
- To be able to prove that another party is responsible
- For the responsible party to be a ‘mark’ – i.e. to have means, whether its an insurance policy or own personal means. there is no point taking a case against someone who does not have the means to pay the award or your legal costs.
The circumstances around every accident are different and therefore there is ‘no one size fits all’ advice that can be applied.
This is where your personal injury* specialist can help you. A specialist personal injury* solicitor deals with hundreds of such cases and can give you a good indication as to whether your claim is worth pursuing or not after a consultation with you and some initial investigation into the person/company who caused the accident. Your personal injury solicitor can ascertain if its possible to link the injuries to the person who caused the accident and whether that person has means/insurance and is worth suing.
Most personal injury* specialists will do this initial work for free to ascertain the strength of your case. If they agree to run your case on a ‘no win no fee basis’ ( meaning they only get paid if you win, including settling) this is a good indication that they feel your case is worth running. A ‘no win no fee’ solicitor will not take on a case that he/she doesn’t think has a decent prospect of success.
Written by Etain Boyce, Litigaiton Partner, Boyce Kelly Solicitors. 29/04/16
Etain is a very experienced solicitor and mediator who specialises in taking Personal Injury* cases for people who have been injured in accidents such as road traffic accidents*, accidents in a public place*, accidents at work*, accidents abroad* and bullying and harrasSment cases*. You can contact Etain for an expert assessment of your case on 0749890190 or email@example.com in strictest confidence.
In irish law, in contentious business, a solicitor may not calculate fees as a percentage of an award or settlement.