A catastrophic injury is a serious and debilitating injury to the spine, spinal cord or brain, that has life long consequences.
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- Road traffic accidents & injuries
- Back Injury
- Work accidents
- Injury in a public place
- Catastrophic injury – Spine & back
- Childbirth injury
- Medical negligence
Step 2. Receive a call from our client care team to discuss your case in more detail
Step 3. Complete a consultation with one of our Solicitors
A catastrophic injury is a serious and debilitating injury to the spine, spinal cord or brain, that has life long consequences. We understand how emotionally devastating this injury is to the person involved and their family. We will support you or your loved one’s journey to recovery or rehabilitation.
Spinal injury – damage or trauma to the spinal cord which results in function and feeling loss. There are four sections of the spine: cervical (head & neck region), thoracic (mid chest and abdomen), lumbar (hips & legs), and sacral (back of thighs, hips, pelvis), the type and severity of the injury can depend on which section of the spine is injured.
Head or brain injury – this is a serious and life altering injury, depending on their severity, it could take months or years for victims to recover. Many victims will never fully heal. The healing process will require extensive hospital stays, multiple types of therapy and much more. All of this can add up and be very expensive.
Many catastrophic injuries are the result of severe car accidents that result in a serious injury such as a spinal or skull fracture. Patients may suffer from a disability and be unable to work, or require medications for life.
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.
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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.