Overview
A serious road collision can change someone’s life in an instant. We are experts in running road traffic accident cases. We act quickly and effectively to put in place the best care and support to help the injured party and their family rebuild their lives and embrace the future.
Thousands of people are injured every year in motor vehicle accidents and many are killed. Those who do survive these crashes are often left to deal with various forms of injury, including permanent disabilities such as brain damage and spinal cord injuries.
Some form of negligence on behalf of one, or multiple drivers, is often the culprit in the majority of all car accidents.
However, it is possible for more than one driver to share liability for causing an accident. Also, many car accidents are not caused by negligence at all, but by defective car parts, or poorly maintained roads.
A car accident victim may be entitled to damages including:-
- Lost wages
- Medical Expenses
- Emotional distress
- Loss of consortium
- Pain and suffering
- Loss of earning capacity
Types of Accidents and Injuries
Negligence may be the underlying cause of a wide range of accidents and injuries. Our law firm represents clients injured in all types of car, motorcycle, truck and pedestrian accidents, including but not limited to:
- Brake failure
- Distracted driving
- Drunk driving
- Failure to obey traffic signals
- Failure to signal
- Illegal turning
- Overloaded truck
- Speeding
- Tyre blowout
- Truck driver fatigue
- Unsafe lane changes
- Vehicle failure or malfunction
We focus our motor vehicle accident representation primarily on individuals who have suffered from the following types of catastrophic injuries:
- Amputations
- Severe brain injury
- Severe burn injury
- Spinal cord injury
- Wrongful death
Decades Of Experience And Resources On Your Side
With our extensive experience in complex road traffic accidents, the personal injury solicitors at Baxter Mimnagh may successfully pursue claims involving any type of vehicle accident. If you have suffered serious injuries or lost a loved one in a crash, we can examine the total financial impact of your injuries and losses to seek rightful compensation for your present and future needs.
What is a whiplash injury?
The word “whiplash” is very accurate. It describes the movement of the neck when a sudden jolt or impact stretches ligaments and muscles far beyond the limits they can handle. Think of how a whip moves suddenly forwards and backwards when it is “lashed” and then imagine that happening to your neck. Usually occurring when a vehicle you are travelling in is hit from behind – or comes to a very abrupt halt – whiplash injuries can also be caused by a fall or a blow to the head. While many people don’t regard “whiplash” as a serious injury, the fact is that it can have very serious, distressing and long-term effects.
How long can whiplash last?
The answer varies depending on the seriousness of the injury. In some cases, you may require physiotherapy or on-going medical treatment for whiplash – Baxter Mimnagh Solicitors can make sure you get the whiplash compensation you deserve to cover the costs.
What are the symptoms of whiplash?
The first symptoms usually appear a few hours after a car crash or fall, and may begin with a headache, feelings of stiffness and even a burning sensation in the rear of the neck.
These symptoms may prevent you from turning your head from side to side, and may even spread to your arms and shoulders. In any event, it is worth talking to us about claiming whiplash compensation.
Do I need to see a doctor about whiplash?
Whiplash symptoms develop over the first few hours and may continue to get worse for some days after an accident. You should call your GP or go to A&E if you become concerned about your own or someone else’s whiplash injury.
How long have I got to make a whiplash compensation claim?
You have two years from the date of action to take a Whiplash claim. However, you should notify the Defendant of a possible claim within one month of the date of the accident. Therefore, it is imperative that you get advice from our expert legal team in early course.
Liability
Determining liability after a car accident can be a complex process, especially when multiple parties are involved. This determination is generally based on negligence by each driver involved. This means that the driver who caused harm to another will typically be held liable for any injuries sustained, as well as the resulting damages. However, there are instances when negligence will not play a factor, such as when poor road maintenance causes an accident.
If you were injured by another driver, you must be able to show that negligence directly caused your injuries. The legal standard for negligence will consider the following three elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached his or her duty of care through negligence
- The defendant’s negligence was the primary cause of the injuries sustained
Can I claim compensation for a road traffic accident that was partly my fault?
It is worth contacting us if you were in a road traffic accident, even if you could be partly to blame.
To be able to claim compensation, you will need to be able to prove that the accident was someone else’s fault. If you were entirely at fault for the accident, it is unlikely you will be able to make a claim. If you were partly to blame, you may be able to make a road traffic accident compensation claim.
Collision With an Uninsured Motorist or Unidentified Motorist
If you were involved in an automobile accident and the party at fault doesn’t have insurance, has insufficient coverage or is not identifiable having left the scene of the accident, you may be able to receive compensation from the Motor Insurers’ Bureau of Ireland. The principal role of the MIBI is to compensate the victims of road traffic accidents, caused by uninsured and unidentified vehicles which is regulated by the MIBI Agreement 2009 – https://www.mibi.ie/
Can I Sue on Behalf of a Spouse Who Was Killed?
As the surviving spouse or registered domestic partner of someone who was killed after an accident, you may be entitled to file a wrongful death claim to recover damages.
The family members who are entitled to file a wrongful death claim include:
- The surviving spouse
- The deceased’s children
- The surviving domestic partner and other family members
Recoverable damages after a wrongful death lawsuit will include:
- Burial costs
- Funeral costs
- Financial earnings the decedent would have earned had they survived
- Compensation for the loss of support and companionship the decedent would have provided
What is my road traffic accident claim worth?
The amount of road traffic accident compensation you might receive can vary significantly depending on the injury you have sustained. Baxter Mimnagh Solicitors are specialists in claiming for everything from minor to serious injuries.
One common form of injury from car accidents is whiplash, but even this varies in degrees of severity. The Book of Quantum and the new Judicial Guidelines provide some guidance on the level of damages which a court may award.
How long does a road traffic personal injury claim take?
As you might expect, this depends on how serious your injuries are and whether the responsible party’s insurer accepts liability. On receipt of a client’s instructions, Baxter Mimnagh commence the claim process immediately. This involves sending a letter of claim, taking up medical reports/ records and lodging the application with the Injuries Board. Delays can occur when the claim is with the Injuries Board, however this is outside the control of solicitors. Generally, for minor to medium claims, we endeavour to fast track claims to reach a successful conclusion within a twelve to eighteen month period, and to help you receive the compensation you deserve as quickly as possible.
Why Choose Baxter Mimnagh Solicitors?
Trying to handle a car accident claim on your own will not only get you less money than you deserve, but it is more stressful than you may think. The insurance companies are not on your side. They are trained to pay car accident victims less than what they deserve. Their success is entirely dependent on making money by paying you less than what they collect in premiums.
Our experienced team of solicitors will take care of everything for you. We will file a claim with the insurance companies, help with your medical treatment, take care of all the paperwork, build a strong case in your favour, and help you win the maximum amount of compensation you deserve.
If necessary, we are prepared to go to trial and we will not stop fighting until we recover all the compensation you are entitled to.
