Personal Injuries Claims*

We provide a legal service that is both professional and supportive to help our clients get the compensation they are entitled to. We will advise on all stages of the claims process and provide you with practical and clear advice in plain English. Our aim is to deal with all aspects of the process for you so you can focus on your recovery.
The impact of an injury or accident can have serious consequences such as injuries, property damage, high cost medical bill, loss of income due to an inability to work for a period of time.

    Personal Injury

    We deal with the following types of personal injury claims: –

    • Accidents at work

    • Workplace injuries

    • Assault

    • Sexual harassment/sexual assault

    • Repetitive strain injuries

    • Workplace stress/bullying

    • Road traffic accidents/car accidents

    • Cyclist accidents

    • Fatal injury accidents/wrongful death claims

    • Accidents in a public place/slips, falls, trips

    • Accidents in shopping centres/supermarket

    • Medical negligence claims

    • Dental negligence claims

    • Defective medical devices

    • Defective product claims

    • Accidents involving children

    • Neglect of children/neglect of the elderly

    Time Limits for Personal Injuries Claims

    A person has 2 years less 1 day from the date of the accident or date of knowledge of the injury within which to bring a claim for personal injuries. There will be certain types of injuries which manifest over time, for example a repetitive strain injury or a psychological injury. In these circumstances, the 2-year time limit will commence from the date of which the symptoms of the injury commence.
    The time limits for personal injury cases are different for children. A child can bring a personal injury claim from 2-years from the date that he/she turns 18 years of age.
    Alternatively, an adult can bring the personal injuries claim for the child after the accident has occurred.
    The time limit will stop running once a completed application has been lodged with the Personal Injuries Assessment Board (PIAB) and is acknowledged as received and completed.

    injury claim cork

    The Personal Injury Claims Process

    01 Speak to us

    If you have suffered an injury through no fault of your own, contact us and we will give you confidential legal advice as to whether or not you can claim compensation for your injuries. Simply because a person has suffered an injury does not mean that there is an automatic entitlement to compensation. Before any compensation for injury is assessed, a person must first prove negligence. Sometimes this can be easily identified and other times it may not be as easy to identify negligence, for example an unsafe system at work. We will carry out the appropriate investigations before advising you as to whether or not you have a good case for legal action.

    02 Medical Report

    All personal injury claims will require a medical report. We will obtain the medical report from one of your treating doctors. The report sets out your injuries, the treatments you have received and the prognosis. The medical report is the evidence that you have suffered the injury.

    03 Personal Injuries Assessment Board (PIAB)

    The Personal Injuries Assessment Board (PIAB) is an independent state body established to assess personal injury assessment compensation in Ireland. All claims for personal injuries, with the exception of medical negligence cases, must first go to PIAB before Court. If liability is accepted by the Respondent at fault for your injuries, the claim will remain with PIAB until the assessment of compensation is completed. We will deal with every aspect of this process for you and keepyou informed at each stage.

    04 Court

    If a personal injuries claim is not dealt with by PIAB, Court proceedings must issue in order to progressand finalise the claim. This can happen if liability is not accepted by the Respondent at fault for your injuries, or if the level of compensation assessed by PIAB is not acceptable to you or the person at fault for your injuries or if your case is of a complex and serious nature. We will guide you through thislitigation process and support you at every stage.

    What can you claim for in a personal injuries claim?

    01 General Damages

    General damages is the legal term for compensation for your pain and suffering. The amount of money you are awarded for your compensation will depend on the contents of the medical report from your doctors. The value is based on the type of injury you have suffered, how long the injury lasted, whether or not you have made a full recovery and the treatment you have received.

    02 Special Damages

    Special damages is the legal term for your out of pocket expenses. These will include doctors consultation fees, fees for scans/x rays, pharmacy expenses, physiotherapy expenses, travel
    expenses, damage to a motor vehicle and any other expenses paid by you relating to the accident. In cases involving very serious injuries, the special damages claim may also include a claim for future out of pocket expenses, for example the future cost of medical treatment or future loss of earnings. It isimportant that you retain all bills/invoices/receipts and give them to your solicitor so that all expenses can be included in your claim.

    03 Loss of Earnings

    If you have lost wages/earnings because of injuries suffered in an accident, this loss can also be included in your personal injuries claim. More serious personal injuries claims with serious injuries can include a claim for future loss wages/loss of earnings or loss of future employment opportunity. There are various experts reports which are needed to support this aspect of your personal injuries claim and we will advise if you they are required.

    04 Loss of Earnings

    Legal costs are not included in a claim which has been assessed by Personal Injuries Assessment Board

    (PIAB). This means that you will be responsible for the discharge of your litigation costs. When a case proceeds to Court, the legal costs will be recovered from the party at fault for your injury, if you are successful with your case.

    Again, the legal costs associated with investigating the case and dealing with the PIAB stage will not be recovered from the party at fault for your injuries, even if you are successful with the case. Accordingly, it will be necessary to pay this part of your legal costs, usually from the reward received. Before anycase is taken we will discuss with you what the likely costs will be and how they will be calculated.

    FAQ

    Most frequent questions and answers

    • The main responsibilities of your solicitor is to:
    • Simplify how the accident claim process works
    • Provide you with professional advice
    • Rigorous investigation into your case
    • Legal representation in court
    • Getting the client a fair settlement

    A lot of factors determine how much compensation a client will receive from their claim and as such there is no way to exactly calculate how much compensation will be. However the Book of Quantum from the Personal Injuries Assessment Board gives general guidelines as to how much compensation is awarded.

    No, while a solicitor isn’t required to make a personal injury claim it is in the best interests of the individual to consult with an experienced solicitor for expert advice before taking legal action.

    Personal injury claims, in general, take over 7 months to be assessed by the PIAB and personal injury claims which go to the courts can take up to 36 months,

    Contact Us

    If you would like to talk with a personal injury solicitor, please contact us by email
    at [email protected] or by telephone 021 484 3634.

    *In contentious cases, a solicitor may not charge fees or expenses as a proportion or percentage of
    anyaward or settlement.