Coleman Legal LLP Logo

Latest News

Newsletters

Defective Blocks Redress Coleman legal LLP

Defective Blocks

Defective Blocks newsletter and latest updates.

Read More

Mother and Baby Home Coleman legal LLP

Mother & Baby Homes

Mother and Baby Homes redress newsletter and latest updates.

Read More

CAMHS Misdiagnosis Coleman legal LLP

CAMHS Review

CAMHS newsletter and latest updates.

Read More

Serious Injury Claim Solicitors

We understand the physical and emotional trauma that a catastrophic injury can cause and work tirelessly to ensure the best care and support to help our clients regain their independence and embrace the future.

Table of Contents

    What is a serious injury?

    A serious injury is defined as any severe injury resulting in permanent disability, long-term medical problems, or reduced life expectancy.

    Have you been affected as a result of a serious injury?

    If you have suffered a severe injury and are considering legal action, seeking guidance from a qualified injury solicitor is essential. Our firm has a team of experienced injury solicitors who are members of the Law Society’s injury accreditation scheme. In addition, our team of experienced injury claim solicitors has over 30 years of collective experience handling cases for those who have suffered a serious injury.

    Led by Philip Treacy, we have assisted many clients in recovering maximum damages, and we believe in putting the needs of our clients first. We are committed to obtaining the best possible outcome for you and take pleasure in our sensitive approach. To discuss your case and explore your options, you can contact us via phone at 1800-844-104 (Free Phone) or email at [email protected], and a member of our injury claim team will be happy to assist you.

    Serious injury claim types

    Our team of experienced injury claim Solicitors at Coleman Legal LLP continuously educates themselves on all aspects of personal injury claims.

    Serious injury claim

    Road traffic accident claim

    Factory accident claim

    Construction accident claim

    Other accidents in the workplace claim

    Accidents in public places claim

    • Accidents in a Supermarket
    • Car Park Accidents
    • Claims made against a council or local authority for accidents that occurred on a footpath, in a park, or in another improperly managed public area.
    • Slips, trips, and falls in public places
    • Accidents in a Hotel
    • Accidents in a Restaurant
    • Food Poisoning from a Restaurant
    • Accident on a Petrol Station Forecourt
    • Accidents Caused by Spillages
    • Crèche Accident Claim

    Injury claim process

    1. Contact our serious injury solicitor

    Our serious injury claim Solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.

    2. The PIAB Application

    The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:

    3. Submitting information and documents to PIAB

    Your solicitor will obtain evidence, medical reports, and other expert reports requiredand submits these documents to the Board for Assessment.

    4. Consent to assess the claim

    Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.

    5. Claim assessment time

    If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.

    If the Assessment is rejected by either party, an authorisation will be granted by PIAB to bring court proceedings.

    Compensation amount

    How much compensation you receive for a serious injury claim is dictated by two legally binding documents known as:

    The “Book of Quantum” and

    The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.

    The Book of Quantum dictates how much compensation you are owed if your authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.

    The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:

    1. Identify the category of injury
    2. Assess the severity of the injury (through medical reports and records)
    3. Research the value range
    4. Consider the effect of multiple injuries

    The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:

    1. Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
    2. Awards must be proportionate to the injuries sustained
    3. Awards must be compared on a scale of injuries that are both of a lesser and greater magnitude

    One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.

    The Personal Injuries Assessment Board (PIAB)

    Often referred to as PIAB (or the Injuries Board), the board was set up in 2004 by the Government to specifically deal with personal injury claims for compensation from anyone who has been in an accident and suffered an injury.

    • The effect of PIAB has meant that a person cannot issue proceedings until they have first made a valid application to the Injuries Board.
    • That application is then registered with and assessed by PIAB.
    • You are not allowed to bring a personal injury claim before the Courts unless you have an authorisation from PIAB to do so.

    An authorisation from PIAB to proceed through the Courts will issue if

    • The Respondent refuses to engage with PIAB;
    • If PIAB refuses to proceed to an assessment or;
    • If the applicant (the injured party) refuses to accept

    If you have received an assessment from PIAB and are happy with the sum and the Respondent accepts that assessment or takes no subsequent action, you are entitled to receive that sum, and you do not have to go to Court. This saves claimants both time and money.

    If the Respondent refuses to acknowledge PIAB or participate in the Injuries Board assessment, or you are not happy with the amount proposed by the Board, you are entitled to proceed through the Courts.

    Statute of Limitations

    You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a personal injury claim, click here.

    Our team

    Coleman Legal LLP Team

    If you have been involved in an accident or suffered an injury at the hands of another person, we would advise all persons to contact our personal injury claim solicitors at the earliest available opportunity.

    We represent clients in a variety of personal injury claims; road traffic accidents, workplace injury, serious injury, medical negligence, and public liability claims. Please take some time to browse our website to learn more about the services we offer as a personal injury solicitors practice in Dublin.

    If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contacted us at:

    Coleman Legal LLP

    Solicitors
    84 Talbot Street, Dublin 1
    D01 YX60
    DX 112002

    Contact Details

    Free Phone: 1800-844-104
    Fax: (01) 5312727
    Email: [email protected]
    Web: www.colemanlegalpartners.ie
    Online Enquiry Form: Apply

    Request a Callback

    Clodagh Magennis

    Clodagh Magennis

    Head of Client Services

    P: 1800-844-104
    E: [email protected]

    ”At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing client’s needs in a professional, engaging, and friendly manner with a clear objective to give quality legal advice and reach a positive outcome.”

    View Profile