ARE YOUR IRISH ANCESTOR YOUR:
Generally if you suffer an accident due to someone else’s fault you could have a personal injury claim. Or, if you can answer yes to either of the below questions, would give a good indication of you have injury claim eligibility:
- Did the accident or incident cause me a visible injury, or pain (some injuries are not visible for example whiplash after a car accident), and not just damage to my property?
- Do you suffer from psychological trauma as a result of the incident, for example depression or anxiety?
A personal injury claim enables you to recover compensation; for damages done to you physically, financially and/or psychologically.
There are many causes of personal injury from traffic accidents, trips and falls in public places, work accidents, medical mistakes etc., but, the accident generally should be the fault of another person(s) negligence.
No two personal injury claims are the same, many factors have to be taken into consideration. Even such factors as age and gender can impact on claims.
We specialise in the following areas:
Road Traffic Accident Claims*
To qualify for a road traffic accident compensation claim, you must have been hurt within the last three years. The accident must also have been all or partly someone’s else’s fault. If you were 18 or over when the traffic accident happened, you’ve got three years to make a personal injury claim from the accident date.
Serious Injury Claims*
Serious injury claims, also known as catastrophic injury or large loss claims, include life changing injuries such as spinal injury, severe head/brain injury, amputation, traumatic injuries and fatal accidents.
These complex claims often take a long time to resolve and require specialist Solicitors with expert legal knowledge and experience. Serious injury claims often involve significant sums of money which need to compensate the individual for the losses incurred.
Accidents at Work Claims*
If your employer failed to meet their responsibilities and negligence has led to you being injured in an accident at work, you can claim compensation by filing a work accident claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance.
How much compensation you might be able to claim for a work accident varies due to various different factors. These will include how severe your accident at work is, do you need to take time off from work to recover and if you do for how long, who else may be affected by your work injury such as family members and so forth.
Slip, trip and falls accidents Claims*
Slips, trips and falls generally happen because businesses, building landlords or local councils didn’t take the correct maintenance, repair and safety measures to keep you and other members of the public safe. Most slips and trips when people are out and about are caused by:
- Wet floors plus wet or icy pavements
- Uneven flooring or steps
- Cracked or uneven pavements and kerbs
- Unexpected obstacles
- Poor lighting
The damages in slip, trip or fall compensation are made up of two types, called general and special damages. Your solicitor will calculate both and add them together when they value your claim and begin negotiating with the other side.
- General damages are awarded for what’s called pain, suffering and loss of amenity. This covers the injury itself and the impact it has had on your ability to do things in your daily life.
- Special damages are the financial losses you may also have suffered like loss of earnings, the cost of medical treatments you’ve needed and even necessary modifications you had done to your home or car.
The guidelines for general damages are set by The Judicial College, which is part of the Ministry of Justice.
Medical Negligence/Clinical Negligence*
The term medical negligence (also known as clinical negligence) is usually defined as a breach of a duty of care from a health professional that has resulted in harm and loss.
For there to be a valid medical negligence case the breach of care must have caused harm or damage to the patient. Medical negligence can take a number of forms such as:
- Incorrect treatment
- Surgical mistakes
- Prescribing inappropriate medication
- Damage to child before, during or after birth
- Not giving a person the treatment they need
- Not being told about the risks of a proposed treatment
- Delay in the provision of appropriate treatment
There are strict time limits placed upon clinical negligence claims but these may vary depending on the age of the patient. Patients are usually required to start a compensation claim within 3 years of their injury, or within 3 years of when they discover their injury was the result of clinical negligence.
In cases where a child under 18 has suffered clinical injury, the time limit starts from the date of their 18th birthday.
Fatal Accidents Claims*
A Fatal Accident compensation claim arises when someone dies as a result of the negligence of another personor an organisation following an unexpected or unforeseen event.
A ‘no win no claim’ agreement, also known as a conditional fee agreement, is an arrangement between you and your personal injury solicitor. It means that if your compensation claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services.
Most personal injury claims in Ireland will fall under a No Win No Fee arrangement. However, all claims are assessed case by case, please contact a member of our client care team who will help you with your enquiry.
There are no upfront costs.
All Solicitors are obliged by the Law Society of Ireland to be explicit and transparent regarding costs. If you have any questions regarding costs, the claims process or would just like an initial call with our client care team, submit an enquiry form and we will call you back.
Under the Civil Liabilities and Courts Act 2004 the time limit for claims for compensation is 2 years from the date of the accident.However, it is very important that you notify the person you hold responsible for your injury within 1 month of the accident. You should notify them in writing (by registered post) detailing what they have done. This gives the person, company or organisation a chance to investigate your claim. If you do not inform the other person within the specified timeframe, it may not affect your application to PIAB. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.
The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to PIAB.
PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the respondent) does not want PIAB to assess your claim for compensation, you can take your claim to court.
On average, claims made to PIAB are assessed in just over 7 months from when the respondent consents to have the claim assessed by PIAB. Personal injury claims taken in the courts can take up to 36 months.
We are highly experienced litigation solicitors with over 30 years experience, we have successfully supported and achieved great outcomes for our clients. We offer our clients the service of a large corporate law firm, but our fees are competitive, therefore you benefit the most. We are members of several law firm boards to ensure that our practice delivers to the highest standards for our clients
It takes an average of seven months from the date the person or entity that you are making the claim against (Respondent) agrees to the PIAB process.
Yes, but you’ll need to be represented by a “next friend” who will make the claim on your behalf – this is usually a parent or guardian.
The application can be made online using our online channels – you can also send us your application form by post along with the processing fee and a medical report from your treating doctor. PIAB will assess your claim in the normal way. As a minor, your Board award will also be subject to Court approval.
In general, no. However, income derived from investment of compensation may be taxable.
So, you’ve been in an accident some time ago…maybe it’s too late to claim? Generally, in Ireland, you must start a personal injury claim within two years of the accident occurring. This is known as the statute of limitations, after the two years is up the case is barred. But, there can be some exceptions to the rule, for example, maybe the injured party was under 18 years old at the time of the accident.
The length of time it takes to process an injury claim can vary, but the Personal Injuries Assessment Board state that the average time frame is seven months. And we usually find it takes somewhere between six and nine months, then the payout of compensation normally happens within a month of finalisation from the Personal Injuries Board. But, if the claim ends up in the courts (litigation) the claim assessment could take up to three years.
A medical report is required to prove that the reported accident caused the injuries that were sustained. This report will help prove injuries such as pain, loss and suffering; and details on the nature of the injury, the effects this will have on the injured and how long recovery is likely to take.
Your personal injury solicitor can request your medical reports, for you, from your doctor; reports need to be received within two months of the injured person being examined. Under Civil Liability and Courts Act, 2004, there are severe sanctions for inaccurate medical reports — the reports should be as accurate as possible of the injuries sustained.
Fees for medical reports can vary. Different GPs will have different charges, reports could cost in the region of €100, and some could go up to €400. If specialist’s medical reports are required this will cost significantly more. The injured person that’s making the claim usually will have to pay for these reports; but can claim the payment back, if their case is successful.
Your solicitor will discuss fees with you, there might be a no win no fee agreement. This is common in personal injury cases, it means that if the case is not successful, the claimant won’t have to pay legal fees. Other typical fees for personal injury cases include the Personal Injuries Board Application PIAB fee, this is set at around €45. And, then there is your medical report fee, as previously discussed.
Compensation depends on many factors, but guideline payout amounts for different injuries can be found in the PIAB Book of Quantum. Or, if you wish to look up an estimate of the typical compensation for an injury, you might find a personal injury claim calculator useful; many of these calculators can be found online.
Not normally. Most, probably over 90%, of personal injury cases are settled before reaching a stage of having to go to court. Usually, if the case ends up in court it’s because the parties involved have failed to agree on a compensation outcome. But, your solicitor will still prepare your case as if it will be presented in the courts.
Other times that personal injury cases end up in court are due to the Personal Injuries Board declining the case; this could be due to the nature of the claim, time frames involved, issues with the insurance company or the claimant’s medical prognosis.
You will sometimes read about compensation payouts in the media. But the majority of claims won’t be in the news. Claims might make the headlines if there’s a high profile individual or organisation involved; a large settlement agreed; or, the case is particularly unusual, e.g a lady sued Starbucks for putting too much ice in her… iced coffee! Yes, this happened.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.