Personal Injury Claims in Ireland: A Practical Guide
What is a personal injury claim?
A personal injury claim seeks compensation for injury, loss and damage caused by another person or organisation. Claims commonly arise from road traffic accidents, including accidents involving pedestrians or cyclists, workplace accidents, and incidents in public places or on private premises.
Compensation may cover pain and suffering, medical expenses, loss of earnings, travel costs and other direct expenses. A serious or life-changing injury may also involve future medical or nursing care, loss of future income, additional living costs, specialist equipment or adaptations to a home.
Who may make a claim?
You may have a claim if you were injured in an accident and believe another person or organisation was at fault. Murphy Rice & Co. can assess the circumstances, explain the process, gather the relevant evidence and present the claim from your perspective.
Important time limits
Written notice of the claim should generally be served on the alleged wrongdoer within one month of the accident or the date on which the cause of action arose. If notice is late without reasonable cause, a court may draw adverse inferences and impose costs consequences.
The general limitation period for a personal injury action is two years from the accident or the date of knowledge, if later. Different rules can apply in particular cases, so early legal advice is essential.
The Injuries Resolution Board
Most Irish personal injury claims must first be submitted to the Injuries Resolution Board, formerly known as the Personal Injuries Assessment Board or PIAB. Medical-negligence claims are generally outside the Board's assessment process.
The Board provides independent assessment and mediation services. A complete application requires the prescribed form, a medical report and supporting information. The Board notifies the respondent and may request additional documents or arrange an examination by an independent medical expert.
The statutory limitation calculation is affected once a valid application is made. The protected period extends through the Board process and for six months after an authorisation issues. This does not remove the need to apply promptly.
How a claim progresses
We will help obtain and organise the evidence, including medical reports, proof of financial loss, photographs and witness details, and prepare the Board application.
A claim may be resolved through mediation or assessed using the available medical and financial evidence. If the Board cannot assess the claim, the respondent does not consent, the medical prognosis is not sufficiently clear, or either party rejects an assessment, the Board may issue an authorisation allowing court proceedings to be commenced.
How compensation is assessed
General damages for pain and suffering are considered by reference to the Personal Injuries Guidelines and the medical evidence. The overall claim may also include:
Medical and treatment costs already incurred
Expected future medical, rehabilitation or care costs
Past and future loss of earnings
Travel and other expenses caused by the injury
Other proven future financial losses
Some injuries are easier to value than others. We will consider the medical prognosis, the continuing effect on daily life and work, future needs and the likely range of outcomes before advising whether an offer is reasonable.
Accepting or rejecting an assessment
After a Notice of Assessment issues, the claimant normally has 28 days to accept or reject it. A failure by the claimant to respond within that period is treated as a rejection. The respondent normally has 21 days to respond.
If both parties accept, an Order to Pay is issued and the claim is settled. The claimant cannot later bring another claim if the injury worsens. If either party rejects the assessment, the claimant may proceed to court, where the outcome is decided by a judge unless the case settles through negotiation or mediation.
Legal costs
We will explain the likely legal costs and how they may be paid before work begins. Any 'no win, no fee' arrangement must be considered carefully and its terms confirmed. In contentious business, a solicitor may not calculate professional fees as a percentage of compensation or settlement.
Information we may need
Your full name, address, occupation, date of birth and PPS number
A detailed account of the accident
Photographs, recordings or other evidence from the scene
Names and contact details of witnesses
Details of the person or organisation believed to be at fault
Medical information, including previous injuries or relevant conditions
Receipts and records of expenses and income loss
We can assist in obtaining medical records and other documents and will work with you to prepare the claim fully.
Speak to Murphy Rice & Co.
If you have been injured, contact us as soon as possible. Early advice helps protect the relevant time limits and allows important evidence to be preserved.
Please Note
In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Personal Injury Solicitors Cork”. This term can be misleading, and you must discuss fees with the Personal Injury Solicitor you ultimately choose.
The material contained in this article is for general guidance only and does not constitute legal or other professional advice. You should seek legal advice from your own Solicitor. Every effort has been made to ensure the accuracy of the content and no liability whatsoever is accepted by Murphy Rice & Co for any action taken in reliance on any information in this article. 