Car accident compensation

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Jumbled

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I was in a car accident at the beginning of the year.
I sustained some lumbar spinal injuries, ligament tears and a misplaced hip joint.
I also was told that I had whiplash which I believe to be upper back and shoulder pain.
The greatest effect of the accident in me was the mental aftermath. My partner sustained very serious and life changing injuries and I myself have been very traumatised by the whole thing. It is the first and only car accident I was in and am very nervous as a passenger, always.
I have had weekly counselling since and try to manage my own upset surrounding the whole thing.
I have spent thousands on my health since the accident and the person who drove into us admitted liability.
I am meeting solicitor next week who wants me to think of what I consider to be appropriate recompense for this situation.
I don’t know where to start.
Can anyone advise me please ?
 
Jumbled said:
I don’t know where to start.
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Maybe start with the out of pocket expenses that you have incurred as a result of the accident? Should be easy to identify/itemise those. Then maybe try to infer what further ongoing costs might be involved. You'll probably need to consider what monetary compensation you feel is due for less tangible but real after effects such as psychological etc. Maybe your medical contacts and solicitor can give some advice on how to approach that?
 
Thank you for the response.
I can vouch for expenses and have an idea of where I am medically into the future.
I don’t know what would be fair to ask for in respect of the physical damage done my body and the impact that the accident has had on my life . It has truly taken the joy out of my life.
 
If you go to the website of the Personal Injuries Assessment Board you will find some useful information, including a link to the Personal Injuries Guidelines. This will give you some idea as to the levels of compensation payable for different injuries.
 
Very important to employ a very good solicitor who is experienced in car accidents, etc. Very, very, important.
 
That's a strange question to be asked at such a stage, but maybe they are seeing if you are being too optimistic or they may be looking to see what level barrister to bring in on the case - but in reality it should be something asked after a couple of consultations.

It seems you have had a dreadful accident and the way I would approach it is to firstly give a ball park estimate of loss of earnings and medical costs and also estimate any future medical costs.

Then ask a genuine question to yourself - If I was offered a choice of €xxx or to go back to that day and not have that accident happen, which would I take.

Take emotion out of it and make it a purely business transaction looking at what changes have happened to you, what changes will stay with you and what this will mean in loss of enjoyment of life.

My own ballpark if such a thing happened to me would be loss of earnings + all medical + 50,000-100,000 compensation. I think this is realistic and on the low side judging by what you have said.
 
Thanks so much for taking the time to reply and offer your advice.
I am meeting with Solicitor to finalise this part of the process before they apply to PIAB. The solicitor, will of course guide me etc but perhaps you are correct in that she wants to know my expectations.
I loathe, with a passion, those that take the proverbial , regarding nonsense claims and the whole compo culture. I am not grabby. I am however seriously out of pocket and want this sorted ASAP. Buíochas
 
No legal advice to give but just wanted to say that I’m sorry you have both been through such a horrible time and wish you the very best.
 
Jumbled said:
Thanks so much for taking the time to reply and offer your advice.
I am meeting with Solicitor to finalise this part of the process before they apply to PIAB. The solicitor, will of course guide me etc but perhaps you are correct in that she wants to know my expectations.
I loathe, with a passion, those that take the proverbial , regarding nonsense claims and the whole compo culture. I am not grabby. I am however seriously out of pocket and want this sorted ASAP. Buíochas
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Getting sorted ASAP is very much unlikely especially if you are not satisfied with the PIAB process /assessment. Once you initiate legal proceedings in particular High Court proceedings the process could take years not months.
 
Thanks. I didn’t realise this. Why High Court proceedings ? Are all cases of this type judged there ?
 
In addition your life partner suffered life changing injuries so I'd imagine their case will potentially take a longer time to resolve (high court for sure if PIAB unsuccessful).. .such cases impact all members of a family..I would advise you to remove yourself emotionally from both cases and just let your legal team look after it for you and you and your family should concentrate on your physical /mental wellbeing as your top priority. The legal system moves very slowly in these types of case's
 
peemac said:
My own ballpark if such a thing happened to me would be loss of earnings + all medical + 50,000-100,000 compensation. I think this is realistic and on the low side judging by what you have said.
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The 'ballpark' estimate is becoming a thing of the past. We now have published guidelines.

When those guidelines were adopted, it was in an atmosphere of political consensus that injury compensation in this jurisdiction was too high and needed to be recalibrated at a lower level. That is precisely what has happened.

Dealing with just one element of OP's injuries (the hip injury) - the guidelines say, in relation to hip and pelvis injuries:

Where a substantial recovery is made within six months. €500-€3,000
Where a substantial recovery takes place between six months and one year. €3,000 - €6,000

Dealing with another element (whiplash\spinal type injury) the guidelines say

Where a substantial recovery or a recovery to nuisance level takes place without surgery within one to two years. This bracket will also apply to short term acceleration and/or exacerbation injuries lasting between one and two years. €6,000 - €12,000

Obviously, I cannot say if these are the precise criteria which apply to OP (and certainly this is not the full extent of OP's injuries).
 
There are 2 or 3 elements of damages.

1. Special damages.

As explained above these are out of pocket expenditures and or financial losses that can usually be vouched.
These would include medical expenses or losses of earnings or expenditures incurred directly in consequence of the accident.

2. General damages.

(i) General damages consisting of pain and suffering to date.

(ii) General damages for pain and suffering in to the future IF there is going to be any residual injury.

Brief observations ;

1. "To date" means to the date when all symptoms have resolved or the date of settlement or trial if it goes that far.

2. Residual injury in to the future can include psychological injuries and future financial losses and expenditures.

3. I trust that your solicitor has given you a section 68 letter explaining the terms of engagement.
Additionally, your solicitor should have explained the way legal costs operate in relation to PIAB.
Link to Law Society about costs https://www.lawsociety.ie/Public/Legal-guides/You--your-solicitor/Legal-charges

4. On the limited information posted here be very wary of being pressurised to settle too early.
Some injuries, by their nature, take time to resolve to a state of complete recovery or a recovery that is as good as it is going to get.
Remember that if you settle for €X and injuries come back against you there is no second claim.

5. AFAIK judges may still have the right to depart from damages guidelines if the evidence justifies it. Your solicitor will explain that.

Take your time about this matter and the best of luck.
 
I have no interest in going to court. I would be happy to settle for what is a fair sum that will cover my expenses past, present and future. Thanks for all of your replies. I appreciate you taking the time to offer opinion and advise me.
 
Jumbled said:
I have no interest in going to court. I would be happy to settle for what is a fair sum that will cover my expenses past, present and future. Thanks for all of your replies. I appreciate you taking the time to offer opinion and advise me.
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I hope your partner is taking separate proceedings.
 
Yes. Our proceedings are entirely separate. The circumstances and fallout surrounding both are worlds apart despite being in the same accident.
 
I can’t advise on what to expect other than what is in the PIAB guidance, but I recently dealt with the PIAB and was very happy with the outcome. I didn’t use a solicitor but I’d say I’m in the minority. I didn’t exaggerate my injuries and tried to engage as openly as possible on everything and was awarded more that I expected. It was refreshing to see a system that actually works well. Best of luck with the process.
 
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