How do I make a personal injury claim?
We can help with your personal injury claim
As a result of health/medical concerns, costs, property damage, and lost income, a personal injury can permanently impact your quality of life.
In the event of a personal injury, we can provide confidential legal advice about your rights to compensation and what you should do next.
An overview of the standard procedure for bringing a Personal Injury claim can be found below.
Obtain Legal Advice
If you've been involved in an accident, your insurance company may offer you a quick settlement. You may not yet have received sufficient legal and medical advice to assess the severity of your injuries, nor have you considered the legal value of your case.
Therefore, if you wish to ensure you receive the compensation you are entitled to, it is best to seek legal advice.
The Injuries Board
Nearly all personal injury cases filed in Ireland are handled by the Injuries Board, which is a statutory body.
Most personal injury claims are initially dealt with by the injuries board, and only when either the claimant or third party's insurer rejects the injuries board's assessment can court proceedings be issued.
There is one exception to this rule: cases of medical negligence are exclusively dealt with by the courts.
The Injuries Board Procedure
Documentation necessary to support a Piab application:
The Injuries Board can process a compensation claim after the Claimant submits a medical report along with an application form which outlines the accident, expenses incurred by the injured party, and other details.
Warning Letter prior to Application
This warning letter should be served within two months of the date of the accident to the person who is suspected of causing the injury, unless there are good reasons to delay.
Injuries Board Decision
After the Claimant consents to the assessment of compensation by The Injuries Board, the Board has up to fifteen months to assess compensation. Should either party reject the award made by The Injuries Board, an authorisation will be issued to the injured party enabling them to have court proceedings issued.
Several Injuries Board cases have been declined to date due to complexity or the belief that it is not possible to assess them within the statutory time frame.
INITIATE COURT PROCEEDINGS – IF OFFER REJECTED BY EITHER PARTY
Court proceedings are available if either party rejects The Injuries Board's decision.
Legal Advice should be sought in relation to any assessment made by the Injuries Board before accepting/rejecting same due to the skills and complexity involved in assessing such cases.
The Claims Process for Accidents Involving Children
Children are injured in accidents every year, suffering injuries, disfigurements, and, in some cases, permanent disabilities. It can be extremely traumatic for parents, siblings, and siblings' friends when a child is injured in an accident due to the fault of another party. We can tell you in clear terms if your child has a reasonable chance of making a successful claim, whatever the type of accident.
How is the claim made?
In most cases, a parent or guardian will file a claim on behalf of their child. The child is considered a minor or an infant if they suffered the injury before the age of 18. We assist parents and/or guardians of 'minors' to make successful child accident claims for their children (minors).
How long do I have to file a child claim?
For children, unlike adults who have two years from the date of injury to bring an injury claim, it is possible for parents or guardians to bring an injury claim two years from the date of the child's 18th birthday rather than two years from 'date of knowledge'. It is possible to take legal action up to the age of 20 if a potential claimant was a baby or infant when injured. It is not recommended that a claimant waits this long, however. In all cases of personal injury, we recommend seeking legal counsel as soon as possible. Since it's not always possible to predict the long-term physical or psychological consequences of an injury to a child until they reach adulthood, this law exists for children.
How are the funds awarded to the child used?
Children's claim funds are usually invested in a court-approved fund until they reach 18 years old. A judge can release money for the child's benefit if the child requires urgent care or medical attention.
You can contact our solicitors if you have any legal concerns or wish to start your claim on behalf of a child. They will be more than happy to guide you through the entire process and answer any questions you may have.