Making a Personal Injury Claim Explained
What is a personal injuries claim?
A personal injuries claim may arise from a road traffic, workplace or public liability accident where the claimant suffers injuries due to the negligence or breach of duty of the respondent. It may also arise from injuries caused by the actions or inaction by the respondent, where the respondent failed to use reasonable care. The claim may be for general damages (the claimant’s pain and suffering) as well as for any special damages (the claimant’s out-of-pocket expenses resulting from the accident). The claimant is required to prove that they suffered injuries and that these injuries were caused by the accident in question. Unless the respondent admits liability, the claimant will also have to prove that the respondent was liable.
How do I bring a claim for personal injuries in Ireland?
In Ireland, claims for personal injuries must first be brought through the Injuries Resolution Board (IRB), previously the Personal Injuries Assessment Board (PIAB). The exceptions to this are personal injuries arising from:
- medical negligence
- assaults
- accidents occurring onboard an aircraft or shipping vessel at sea
The claimant must provide the IRB with details of the accident, their injuries and the relevant respondent. They must also submit with their IRB application a medico-legal report from a medical practitioner outlining their injuries and confirming that these said injuries were caused by the accident in question.
The IRB operates on the basis of agreement by both the claimant and the respondent. The IRB will write to the respondent notifying them of the claim and providing them with copies of the application and medical report. The respondent will have 90 days to confirm whether they consent to the IRB carrying out an assessment of the claim.
If they do not consent to the assessment, then the claim will be released from the IRB and the claimant will have the option to issue legal proceedings in court. If they consent to the assessment, then the IRB will take up their own medical reports on the claimant’s injuries and issue an assessment of the amount of damages due to the claimant for their pain and suffering and their out-of-pocket expenses. The IRB has nine months to do this from the date the respondent consents to the assessment, unless an extension of time is required. Once the assessment issues, both the claimant and the respondent must accept the assessment for this to be binding. The respondent has 21 days and the claimant 28 days to confirm whether the assessment is accepted. If the assessment is accepted by both parties, then the IRB will issue an “Order to Pay”, which is binding in the same manner as a court order. If the assessment if not accepted by either party, then the claim is released from the IRB and the claimant has the option to issue legal proceedings in court.
What will the level of compensation be for my personal injury?
Currently, personal injuries compensation awards are based on the “Personal Injuries Guidelines”, which were issued by the Judicial Council on 6th March 2021.
The guidelines set out various categories of injuries and the approximate damages recoverable, based on the severity and duration of the injuries. If the claimant has suffered injuries under multiple categories, then the most prominent injury is valued at full value under the Personal Injuries Guidelines and an “uplift” (extra sum) is given for any other secondary or less prominent injuries, based on their severity and duration.
When can I make a personal injury claim?
In Ireland, the time limit for making a personal injury claim is two years from the date the cause of action accrues or two years from the date the claimant first had the requisite knowledge, as under Section 2 of the Statute of Limitations (Amendment) Act 1991.
It is important to take action as soon as possible if you intend to make such a claim and a solicitor can advise you on the Statute of Limitations in your particular circumstances. The clock stops on the Statute of Limitations when an application is submitted and accepted by the IRB. If there is certain information missing from your IRB application form, then your application may not be accepted until the date this said information is provided. The IRB introduced new rules in September 2023 which mean that a medical report is now required in order for the IRB application to be accepted and for the clock to stop. It is important to seek a medical report as early as possible, as your medical practitioner may require some time to prepare this.
If the claimant is a minor, the Statute of Limitations is two years from the date of their 18th birthday. It is also important to note that the two years for Statute of Limitations purposes actually means two years less one day.
How can a Personal Injury Solicitor assist you when making a personal injury claim?
A personal injuries solicitor can provide experience-backed advice in relation to some very important matters that need to be considered, for example who the correct party or parties are that should be named as respondents on your application, the Statute of Limitations in your particular circumstances, what damages you can claim for and how your claim should be valued. Fachtna O’Driscoll are Personal Injury Solicitors located in Cork and specialise in personal injury claims.
Fachtna O’Driscoll; Experienced Personal Injuries Solicitors Cork
We are highly experienced personal injury solicitors and can guide you through the claims process at every step of the way. You can contact our Personal Injury Solicitors Cork team by calling 021 427 8131 or by emailing info@fodlaw.ie.
