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This page offers a comprehensive guide for individuals who have been injured and are contemplating filing a claim for compensation with the Personal Injuries Assessment Board (PIAB).
Personal injury proceedings usually involve
Here is a step-by-step guide on how to apply for a personal injury claim in Ireland
Our team of experienced Personal Injury Claim Solicitors at Coleman Legal continuously educates themselves on all aspects of personal injury claims.
How much compensation you receive for a personal 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 four steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:
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:
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.
Sometimes, there can be disagreement between the employer and employee in regards to who is responsible for the accident that caused the injury (when there is doubt as to who is responsible). In this case, the court may decide or the parties may ultimately agree that both the employer and employee are liable for the employee’s injury and hence the principle of contributory negligence will apply.
Contributory negligence is the legal principle where the injured party (employee) may have possibly contributed to their own injury by acting in a negligent manner. This can include:
If you have concerns regarding whether you qualify for compensation for a work injury, or whether you may have contributed to either the cause of the accident or the severity of the injury, it is advisable to speak to a solicitor.
Whether or not your claim will be affected by contributory negligence will depend on the specific circumstances of your case. If it can be shown that your actions or failure to take action contributed to the accident or injury, it may reduce the amount of compensation you are entitled to.
For example, if you were involved in a car accident and it can be shown that you were not wearing a seatbelt at the time of the accident and that this contributed to the severity of your injuries, your compensation award may be reduced to reflect your own contribution to the accident.
It’s important to note that the amount of reduction will depend on the degree to which your actions or failure to take action contributed to the accident or injury. If your actions or omissions were minimal in comparison to the other party, then the reduction might be small.
It’s recommended that you consult our solicitors with experience in personal injury claims, to advise you on how contributory negligence may apply to your case and how it could potentially impact your claim.
The date of knowledge is the date the plaintiff gained knowledge of the following
The date of knowledge is often the day the accident occurred as the plaintiff is immediately aware of their injuries. However, sometimes a period of time passes before the claimant’s injuries manifest. In such circumstances, the date the claimant finds out about the injury is the date of knowledge.
The date of knowledge is significant as there is a time limit within which you must bring a claim, known as the Statute of Limitations. You can ‘stop the clock’ of the Statute of Limitations by submitting your claim to the Injuries Board.
Note: PIAB does not review medical negligence claims and therefore, a submission to the Board will not stop the clock. Consequently, it is vital to seek the advice of a solicitor as soon as possible in cases of medical negligence so they can issue proceedings within the 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.
Where the plaintiff is under 18 years old, they may not bring a claim forward themselves. There are two options open to minor claimants. A parent or guardian can make a claim on their behalf under the ‘next friend rule.’ Awards made in such circumstances will be withheld by the courts until the child turns 18. Alternatively, they can wait until they turn 18 and bring the claim themselves; however, they must do so within two years of their 18th birthday. To learn more about the statute of limitation for a personal injury claim, click here.
At Coleman Legal, we understand that being involved in an accident and possibly getting injured can be stressful and challenging. That’s why we are here to provide support and assistance with the practical issues that may arise due to someone else’s fault.
For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.
We offer a national service and can meet with you locally to ensure you have a voice and access to the best advice and resources for your specific case. Our focus is on the client and we communicate in plain English without any unnecessary legal jargon. Our team has extensive experience handling thousands of claims over many years and we pride ourselves in our respectful and caring approach to all our clients.
From the moment of your first contact with CL to the completion of your case, our team listen, care and act with empathy, whatever the extent of your injury. Our teams have the understanding and expertise to ensure that your injury is professionally and properly dealt with to ensure the best outcome for you in the circumstances of your case. Our team will manage your case and keep you fully informed of progress on a regular basis. Our commitment and service to you will include;
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.
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002
Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply
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.”
