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 Resolution Board (PIRB).
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
- The plaintiff is the person who is bringing the claim, also commonly referred to as the claimant.
- The defendant this is the person against whom the claim is brought.
- A solicitor is responsible for helping you make your claim and guiding you throughout the proceedings.
- PIRB: The acronym for the Personal Injuries Resolution Board, sometimes called the Injuries Board, PIRB assess most, but not all, personal injury claims. In the event the PIRB does not assess a claim, or if a financial Award for the injury suffered by the PIRB is rejected, the matter then moves to Court proceedings.
5 essential steps for filing a personal injury claim
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 personal 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 personal injury claim. This could include photographs of the accident scene, CCTV Footage, 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 Gardai.
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 personal injury claim is handled efficiently and professionally.
5. Submit your claim to the Personal Injuries Resolution Board (PIRB): Your solicitor will help you submit your injury claim to the Personal Injuries Resolution Board (PIRB), responsible for assessing personal injury claims in Ireland. PIRB 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 PIRB’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 Councils 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
- Identify the category of injury
- Assess the severity of the injury (through medical reports and records)
- Research the value range
- 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
- Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
- Awards must be proportionate to the injuries sustained
- 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.
The principle of contributory negligence
Sometimes, there can be disagreement between the injured party and the Defendant regarding who is responsible for the accident that caused the injury.
In this case, the Court may decide, or the parties may ultimately agree, that both the injured party and the defendant are each liable to some degree for the injury suffered.
Hence, the principle of contributory negligence will apply.
Contributory negligence is the legal principle where the injured party may have contributed to their injury by acting negligently.
This can include
- Engaging in behaviour or work despite evident and known risks.
- Misbehaving, endangering themselves or others.
- Failing to report equipment or workplace defects that pose a risk to health and safety.
- Working/Driving under the influence of alcohol or drugs.
- Failure to seek appropriate medical attention within a reasonable timeframe potentially worsens the severity of the injury.
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, 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.
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.
Time limit
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.
Time limit for a minor/child
Where the plaintiff is under 18, they may not bring a personal injury claim forward on their own.
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 hold financial awards made in favour of a Minor child 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.
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 date of the accident, 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 personal injury claim to the Injuries Board.
Note: PIRB does not review medical negligence claims; therefore, submitting a claim for medical negligence to the Board is not required, and it will not stop the clock running against you.
So, it is essential to seek the advice of a solicitor as soon as p
Our team
At Coleman Legal LLP, 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 cases 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.
Frequently Asked Questions
How does contributory negligence affect a personal injury claim in Ireland?
Contributory negligence arises where the person who sustained the injury is found to have been partly responsible for it.
Under the Civil Liability Act 1961, Irish courts apply a system of proportionate liability: if a claimant is found to be 20% contributorily negligent, their award is reduced by 20%.
In some cases, contributory negligence is disputed, and an independent expert may be needed to assess the circumstances of the accident.
In others, it is accepted as a factor from an early stage and influences the settlement negotiations.
Where the court finds that the injured person was entirely responsible for their own injury, no award is made.
Our solicitors can advise on how contributory negligence arguments might apply to the facts of your case.
What is the ‘date of knowledge’ and why does it matter?
The two-year limitation period for personal injury claims in Ireland runs from the date of the accident or, where the injury was not immediately apparent, from the date of knowledge, the date on which you first knew, or ought reasonably to have known, that you had suffered a significant injury capable of founding a legal claim and that it was attributable to the act or omission of another person.
This distinction matters in cases where an injury or illness develops gradually, such as occupational disease, repetitive strain, or latent conditions caused by exposure.
In these cases, the clock starts on the date of knowledge rather than the date of exposure. If you are uncertain whether the limitation period has expired in your case, our solicitors can advise you.
Can a personal injury claim be made on behalf of a child or a person who lacks capacity?
Yes. Where the injured person is under 18 at the time of the injury, the two-year limitation period does not begin to run until they reach the age of 18, giving them until age 20 to bring a personal injury claim in their own right.
A parent or guardian may bring a claim on the child’s behalf at any time before that, which is often the better course while the evidence is fresh.
Where the injured person is an adult who lacks the mental capacity to manage their own affairs, a committee or next friend may bring the claim on their behalf.
The PIRB and the Courts have specific procedures for approving settlements on behalf of children and persons under disability, and judicial approval is required before any such settlement is binding
