Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Personal Injury Claim Application [Guide]

At Coleman Legal LLP, our experienced Personal Injury team is here to help you navigate the process of filing a claim for compensation through the Personal Injuries Assessment Board (PIAB). We understand the challenges that follow an injury and are committed to guiding you every step of the way, whether you’ve been involved in an accident or are dealing with the aftermath of negligence. For a confidential consultation, please call us at 1800-844-104 for free or email [email protected].

Who are the parties involved in a personal injury claim?

Personal injury claim proceedings usually involve:

1. The plaintiff is the person who is bringing the claim, also commonly referred to as the claimant.
2. The defendant – this is the person against whom the claim is brought.
3. A solicitor is responsible for helping you make your claim and guiding you throughout the proceedings.
4. PIAB – The acronym for the Personal Injury Assessment Board, sometimes called the Injuries Board – PIAB must assess most personal injury claims before proceeding to the next stage.

Injury claim application guide in Ireland

If you’ve been injured due to someone else’s negligence, it’s essential to understand the steps involved in making a personal injury claim in Ireland. While every case is unique, the following steps outline the injury claim process:

1. Seek medical attention

Your health and well-being should be your top priority. Even if your injuries don’t seem serious, you should seek medical attention immediately. This will ensure you receive the necessary treatment and help establish the extent of your injuries for your claim.

2. Gather evidence

Collect relevant evidence that may support your claim. This could include photographs of the accident scene, witness statements, medical reports, or any other documentation that may be crucial to your case.

3. Report the incident

If your injury occurred in the workplace, on the road, or in a public place, please report the incident to the relevant authorities. For instance, if you were involved in a road accident, you must notify the Gardaí.

4. Consult with a Personal Injury Solicitor

It’s strongly advised that you contact a solicitor specialising in personal injury claims. They will provide valuable advice, help you understand your legal rights, and guide you through the necessary paperwork. Having a solicitor on your side ensures your injury claim is handled efficiently and professionally.

5. Submit your claim to the Personal Injuries Assessment Board (PIAB)

Your solicitor will help you submit your injury claim to the Personal Injuries Assessment Board (PIAB), responsible for assessing personal injury claims in Ireland. PIAB handles a variety of injury claims, including workplace injuries, road traffic accidents, accidents in public spaces, and catastrophic injuries. Your solicitor will help you compile all relevant documents and evidence required for PIAB’s review.

Compensation amount

How much compensation you receive for a personal injury claim is dictated by two legally binding documents: 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 before the 21st of April 2021. In all other cases, compensation for general damages is assessed with the Judicial Council’s Personal Injuries Guidelines.

The Book of Quantum sets general guidelines for the amounts 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, spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum identifies four steps to assess appropriate compensation 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 Judicial Council adopted the Personal Injuries Guidelines on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation regarding 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. However, the new guidelines have provided more details and explanations for claimants, which is a welcomed change in making a personal injury claim.

Contributory negligence

Sometimes, there can be disagreement between the employer and employee regarding who is responsible for the accident that caused the injury (when there is doubt about who is accountable). 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. Hence, the principle of contributory negligence will apply.

The principle of contributory negligence

Contributory negligence is the legal principle where the injured party (employee) may have contributed to their injury by acting negligently. This can include:

1. Engaging in work despite evident and known risks.
2. Misbehaving, endangering themselves or others.
3. Failing to report equipment or workplace defects that pose a risk to health and safety.
4. Working under the influence of alcohol or drugs.
5. Failure to seek appropriate medical attention within a reasonable timeframe potentially worsens the severity of the injury.

Seeking Legal Guidance

Suppose you have concerns regarding whether you qualify for compensation for a work injury or whether you may have contributed to the accident’s cause or the injury’s severity. In that case, it would be best for you to speak to a personal injury solicitor.

Will my claim be affected by contributory negligence?

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, suppose 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. In that case, your compensation award may be reduced to reflect your 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. The reduction might be slight if your actions or omissions were minimal compared to the other party’s. It’s recommended that you consult our solicitors who have experience in personal injury claims to let you know how contributory negligence may apply to your case and how it could potentially impact your claim.

When is my date of knowledge?

The date of knowledge is the date the plaintiff gained knowledge of the following

• They were injured
• It was a significant injury
• Negligence, nuisance, or a breach of duty on the part of the responsible party in the accident caused the injury
• The responsible party’s identity

The date of knowledge is often the day the accident occurred as the plaintiff is immediately aware of their injuries. However, sometimes a period 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; therefore, submitting to the Board will not stop the clock. So, it is essential 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.

Statute of Limitations

You have two years from the accident date 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 talk about these.

Claims Involving a Minor

Where the plaintiff is under 18, they may not bring a claim forward. There are two options open to minor claimants. A parent or guardian can claim on their behalf under the ‘next friend rule.’ The courts will withhold awards made in such circumstances 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. Click here to learn more about the statute of limitation for a personal injury claim.

Our team

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, you need to know that your legal advisers will obtain all of the essential 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 your case’s best advice and resources. We focus on the client and 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 on our respectful and caring approach to all our clients.

How can we help?

From your first contact with CL to completing your case, our team listens, cares and acts with empathy, whatever the extent of your injury. Our teams have the understanding and expertise to make sure that your injury is professionally and adequately dealt with to ensure the best outcome for you in your case. Our team will regularly manage your case and keep you informed of progress. Our commitment and service to you will include;

1. Working with you to fully understand what happened,
2. Collect all medical notes and obtain all medical reports for you.
3. Submit your claim to the Injuries Board and advise you on the outcome.
4. Process your case and deal with all queries.
5. Advise and support you throughout the whole process.

Suppose you want to take legal action over a personal injury. In that case, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme.

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