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Claim for Loss of Sight

My brother would like to pursue a claim for loss of sight after recently becoming blind following a serious traffic accident. How much could he be entitled to receive? Is it worth pursuing?

The amount your brother could receive in a claim for loss of sight will depend on a number of factors. Firstly, your actions directly following the accident will be taken into account. If the police did not attend the scene, it is vital that he reported the incident to the local police station as soon as he could. Secondly, did he exchange insurance details with the negligent driver (assuming that it was the other driver that was negligent)? Thirdly, did he seek medical treatment straight away? All of these elements are important because they will serve to provide evidence for his claim; he will have a record of the accident occurring, contact details of the possibly liable driver and proof that he obtained medical treatment at the first possible moment and did not potentially exacerbate his injuries.

If he failed to carry out these actions, it may be difficult to initiate a case against the accused. The negligent driver’s insurance company will likely assert that your brother’s eye injury was not initially severe enough for medical treatment and that his claim for loss of sight is mainly due to his own ‘lack of care’ with regard to his personal health. Additionally if he failed to exchange insurance details with the negligent driver, or if they fled the scene because they lacked insurance, you may have to pursue a claim against the Motor Insurer’s Bureau (MIB). The MIB was established by insurance companies to allow victims of motor accidents claim insurance when the negligent party cannot be located.

If you did successfully perform these actions and the negligent driver has adequate insurance, then your brother could possibly have a strong case against the negligent driver. In terms of the amount of compensation he could be entitled to receive, that will depend on the impact his loss of sight has had on his life. With a claim for loss of sight, it is likely that this manner of injury has affected his life greatly. In evaluating the amount he could be entitled to receive, many factors will be taken into consideration including the suffering he endured during the accident, medical costs incurred, the lifestyle changes he has to make such as home renovations and alternative means of partaking in day to day activities in addition to the expenses associated with such changes and finally the emotional trauma he has experienced due to the psychological stress that such life changes can produce.

All of this is merely general advice regarding sight loss sustained in a car accident and is no alternative to consulting a personal injury claims solicitor as soon as possible. They will be able to provide a more accurate appraisal of your brother’s potential claim for loss of sight and only they can advise whether or not it is worth pursuing.