Loading Dock Accident Compensation Claim
I feel that I may not be able to make a loading dock accident compensation claim even though my back was severely injured when a pallet fell from a lorry because my employer blames the delivery company for the accident and the delivery company claims it was my employer’s fault. How can I possibly make my claim in this situation?
It must be admitted that your loading dock accident compensation claim is more complicated than other similar claims may be as two third parties were involved in the accident and both deny liability. However, even though the situation is a complex one, it may be successfully resolved; but your best option would be to engage the assistance of an experienced personal injury solicitor.
Despite the fact that in Ireland, you are eligible to make a loading dock accident compensation claim directly through the Injuries Board without legal representation; under your specific circumstances it is unlikely that the Injuries Board will be able to resolve your claim and therefore, the best course of action is to consult a personal injury solicitor as early on in your claim as possible.
The Injuries Board will be unable to proceed with a claims assessment if liability for an accident is denied by all parties involved. Because of this, it is likely that your case will need to be decided by negotiations between your solicitor and the other parties’ legal representatives or through the Irish court system in order to establish who is liable for your injuries.
It is plausible that both parties accused of negligence will be deemed liable for your injuries to some extent; in which case a judge will decide the degree to which both parties are liable and will order each to pay a percentage of the damages depending on the level of their contributory negligence – if your claim is ultimately successful.
There is a possibility however, that an agreement can be reached before the loading dock accident compensation claim reaches court status between your solicitor and the insurance companies of your employer and the delivery company. The insurers of both parties may be prepared to come to an agreement about the compensation claim even if both respondents deny liability. Your solicitor will assess this option and will make every effort to settle the claim with both insurance companies rather than litigate through the courts in order to speed up the claims process and to reduce legal expenses to both third parties.