Serving clients nationwide from our strategic locations in Dublin, Cork, and Limerick, our dedicated team specialises in navigating the complexities of personal injury claims. We’ve helped countless individuals across Ireland secure the results they deserve.
Whether you’re seeking in-depth information or have a specific query, we’re here to support you. Explore our comprehensive resources on personal injury law, or reach out directly through our confidential online inquiry form. Let us put our expertise to work for you, ensuring your rights are protected, and your voice is heard.
Download: Getting legal, medical, financial and other support after an injury.
What is a Personal Injury Claim?
Personal injury refers to legal cases involving harm to an individual’s body or mental health. These cases typically arise when someone is injured due to another party’s negligence or intentional actions. Common types of personal injury claims include:
1. Car accidents
2. Slip and fall incidents
3. Medical negligence
4. Workplace injuries
5. Product liability
In personal injury cases, the injured party seeks compensation from the responsible party for damages such as medical expenses, lost wages, and pain and suffering. These cases often involve complex legal issues and may be resolved through settlement negotiations or court trials.
What Type of Personal Injuries Can I Claim?
Our team of experienced legal professionals understands the far-reaching consequences of personal injuries. We’re committed to easing your burden during this challenging time. From bustling city centres to quiet country roads, from office buildings to local shops – we’re here to help you navigate the aftermath.
Accidents at WorkIf you’ve been injured at work, you might be entitled to legal action. Our solicitors specialise in workplace injuries, helping you navigate the legal landscape efficiently.
| Road Traffic AccidentsExperiencing an accident as a driver, passenger, or pedestrian can be incredibly traumatic. Our team is well-versed in handling such cases, ensuring you receive the support you need.
| Accidents in a Public PlaceSometimes, accidents occur due to the negligence of those responsible for public areas. We can assist in holding them accountable, ensuring you receive the compensation you deserve.
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How do I Make a Personal Injury Claim in Ireland
Contrary to popular belief, the journey to compensation in Ireland often begins outside the courtroom. For most personal injury cases, your first stop is the Personal Injuries Resolution Board (PIRB), a statutory requirement that serves as a preliminary evaluation stage. However, this rule isn’t universal. Certain cases bypass the PIRB process, including claims of medical negligence, some instances of assault, and where liability is disputed between the parties
While navigating the PIRB process independently is possible, many claimants opt for legal representation. A skilled solicitor can be invaluable, streamlining your claim from start to finish. They’ll help you compile crucial documentation, secure comprehensive medical assessments, and gather compelling evidence to support your case.
When it comes time to submit your application, your legal advocate ensures all details are accurately presented. If the PIRB proposes a settlement amount, your solicitor’s expertise becomes critical in determining whether the offer truly reflects the extent of your injuries and losses.
Remember, this initial assessment is just one step in the process. Professional guidance can make a significant difference in achieving a fair outcome, especially if your case eventually proceeds to court.
Are There Legal Time Limits?
The clock is ticking from the moment your injury occurs. In Ireland, the law sets strict deadlines for initiating personal injury claims, creating a sense of urgency for those seeking justice.
Generally, you have a two-year window to start your claim. This period begins either from the date of the incident or from when you first became aware of your injury – whichever comes later. This latter point is crucial in cases where injuries or their full extent may not be immediately apparent.
However, this timeframe isn’t universal. Certain circumstances can alter these deadlines:
- Minors: The two-year countdown doesn’t start until the injured person turns 18.
- Mental incapacity: The time limit may be paused if the injured party lacks the mental capacity to make legal decisions.
- Fatal injuries: In cases of wrongful death, family members typically have two years from the date of death to initiate a claim.
- Discovery rule: For some cases, like medical negligence, the clock may start when you reasonably should have discovered the injury, not necessarily when it occurred.
It’s important to note that while two years might seem generous, building a strong case takes time. Gathering evidence, obtaining medical reports, and navigating the Personal Injuries Resolution Board process can be complex and time-consuming.
Missing these deadlines can be catastrophic for your claim. Courts rarely make exceptions, and a late filing often means forfeiting your right to compensation entirely.
Given these complexities, it’s advisable to consult with a solicitor as soon as possible after an injury. They can help ensure you’re well within the legal timeframe and that your rights are protected throughout the process.
Injury Assessment & Offer
Claim Assessment Process
When your claim reaches the Personal Injuries Resolution Board (PIRB), they embark on a thorough review. Drawing from a wealth of precedents, PIRB examines cases with injuries comparable to yours. Their north star in this process is the Judicial Council’s personal injury guidelines – a comprehensive framework designed to ensure fairness and consistency across compensation awards. These guidelines serve as a reference point not just for PIRB but for courts as well.
Reviewing the PIRB Proposal
Once PIRB concludes its assessment, you may receive a proposed compensation amount. This figure represents what the at-fault party would be required to pay. At this juncture, your legal counsel becomes invaluable, offering expert insight on whether to accept or pursue further action. While your solicitor provides guidance, the final decision rests in your hands.
Potential Outcomes
The proposal stage typically unfolds in one of two ways:
1. Mutual acceptance: If both you and the responsible party agree to PIRB’s suggested amount, payment is ordered and the case concludes.
2. Disagreement: Should either party reject the proposal, the next step involves initiating court proceedings against the at-fault individual.
Time Constraints
– As the claimant, you have a 28-day window to respond to PIRB’s offer.
– The respondent (at-fault party) must decide within 21 days.
– Failure to respond within your allotted time automatically registers as a rejection.
Implications of Acceptance
Agreeing to PIRB’s proposal triggers a payment order to the responsible party. Once funds are transferred, it marks a full and final settlement. This means you cannot seek additional compensation for this incident in the future.
Consequences of Rejection
If either party declines the offer, your case transitions to the litigation phase. Your solicitor will initiate legal proceedings, moving towards a courtroom where a judge will ultimately determine the outcome.
This process, while structured, can be complex. Having experienced legal representation ensures you navigate each stage effectively, maximising your chances of a fair resolution.
Out of Court Settlement
Most personal injury claims are resolved without a trial. Even if your case progresses beyond the Injuries Board, courtroom appearances are rare.
Pre-trial negotiations are common. You’ll meet with your legal team—typically your solicitor and barrister—to initiate settlement talks. They’ll advocate on your behalf, keeping you informed of progress and any new offers.
These discussions often lead to satisfactory settlements, concluding your case then and there. However, if an agreement can’t be reached, your case will proceed to court, where a judge will make the final determination.
Remember, throughout this process, your legal team’s goal is to secure fair compensation while minimising your stress. They handle the complex negotiations, allowing you to focus on recovery.
How are Injury Damages Calculated
In Ireland, personal injury claim damages are calculated using a structured approach. Here’s an explanation of the process:
1. Judicial Guidelines:
The cornerstone of damage calculation is the Book of Quantum, recently replaced by the Personal Injuries Guidelines. This comprehensive document, issued by the Judicial Council, outlines recommended compensation ranges for various injury types and severities. It serves as a crucial reference point for both the Personal Injuries Resolution Board (PIRB) and the courts.
2. Categorisation of Damages:
Compensation is typically divided into two main categories:
a) General Damages: These cover non-monetary losses such as pain, suffering, and loss of quality of life. The severity and duration of the injury heavily influence this figure.
b) Special Damages: These encompass quantifiable financial losses, including medical expenses, lost earnings, and any other out-of-pocket expenses directly resulting from the injury.
3. Injury Assessment:
Medical reports play a pivotal role. Independent medical experts evaluate the injury’s nature, severity, and long-term impact. They consider factors like recovery time, permanent effects, and how the injury affects daily life.
4. Multiplier Method:
For ongoing losses, a multiplier may be applied. This takes into account future medical needs or loss of earning capacity, projecting the impact over the claimant’s lifetime.
5. Contributory Negligence:
If the injured party is found partially at fault, the compensation may be reduced proportionately. For instance, if deemed 25% responsible, the award might be reduced by a quarter.
6. Caps and Precedents:
While there’s no strict upper limit on damages, courts often refer to previous similar cases to ensure consistency. High Court rulings on catastrophic injury cases can set benchmarks for maximum awards.
7. PIRB Assessment:
In many cases, PIRB provides an initial assessment. They use the guidelines and available evidence to suggest a compensation figure, which parties can accept or reject.
8. Negotiation and Court Discretion:
If a case proceeds to court, judges have discretion in applying the guidelines. They consider the unique circumstances of each case, potentially deviating from the suggested ranges if justified.
Remember, each case is unique. While these principles guide the process, the specific details of your injury and its impact on your life will ultimately shape the final compensation amount. Consulting with an experienced solicitor can provide a more accurate estimate based on your individual circumstances.
Solicitors’ Legal Fees
Our solicitor fees depend on the complexity of each case. We offer a personalised approach where we assess your specific situation and provide an estimate accordingly.
Why Choose Us?
Drawing on over 50 years of experience in personal injury law, we offer expert advice and legal services tailored to your needs. Our friendly and experienced team is dedicated to guiding you through every step of your legal journey. Whether you call us directly or fill out our contact form, we are here to help.
We look forward to supporting you and ensuring that you understand every aspect of your claim. Reach out to us today and take the first step towards securing the compensation you deserve.
