Personal injury claim process in Ireland

[Complete Guide]

Our Personal Injury Claim Solicitors are experienced in dealing with all types of personal injury cases, and we have helped thousands of people receive compensation for their injuries and illnesses.

How can we help?

To discuss your case in detail, contact us today or request a callback from our experienced team.

Free Phone: 1800 844 104
Email: [email protected]

What is a Personal Injury Claim?

An injury or sickness caused (or made worse) by someone else’s negligence is known as a personal injury. If you’ve been injured or become ill due to someone else’s negligence, you may be entitled to a personal injury claim.

Personal injury can be direct, such as an injury to yourself, or indirect, the grief you feel after a bereavement caused by someone else’s negligence.

Are you eligible for a Personal Injury claim?

If you have been involved in an accident or suffered an injury at the hands of another person that was not your fault, then you may be eligible to make a claim for personal injury.

If you have any questions surrounding the claim process, speak with one of our experienced personal injury claim solicitors, call (Free Phone) 1800 844 104 or complete our online enquiry form.

Personal injury claim types our solicitors manage

Our team of experienced Personal Injury Claim Solicitors at Coleman Legal 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

The personal injury claim application process in Ireland

1. Contact our personal injury solicitor:

Our Personal 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 required. And 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.

How much compensation can I receive for a personal injury claim in Ireland?

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 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.

Statute of limitations for a personal injury claim

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.

Choosing a personal injury solicitor

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)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply

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Clodagh Magennis

Clodagh Magennis

Head of Client Services

(1800) 844 104
[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.”

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Personal injury claim important FAQS

What are the differences between General / Special Damages in a personal injury claim?

General damages are damages in respect of the pain and suffering sustained during the incident.

Special damages are damages in respect of out-of-pocket costs, e.g., medical expenses, loss of earnings, and vehicle damage costs.

What legal fees will I likely pay for a personal injury claim?

It is hard to say how much your legal fees will cost as each case is individual and requires a different amount of reports and records to be gathered. The likely costs would be:
- PIAB Application Form
- Medical Records / Reports
- Professional Legal Service Fee
- Stamp Duty
- Commissioner of Oath Fees
- Counsel Fees
- Miscellaneous Outlays

These fees are fully or partly recoverable from the defendant(s) where the court finds them liable, and settlement is agreed.

How long does it take to process a personal injury claim?

It usually takes about nine months from the date first applied to PIAB on the basis that the defendant(s) has accepted liability for the incident and has agreed to the PIAB process.

How to make a personal injury claim if you’re under 18?

If you’re under 18 and want to make a personal injury claim, you will have to assign a ‘next friend’ to represent you.

This person is usually a parent or guardian, and they will have to make the claim on your behalf, following the same steps as outlined above.

Where do I go for a claim of medical negligence?

Medical Negligence Claims are not assessed by PIAB. If you’re making a claim of medical negligence, you will have to issue legal proceedings from the get-go.

Read more on our Medical Negligence Page.

What is PIAB? The Personal Injuries Application Board (PAIB)

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.

A person cannot issue proceedings until they have first made a valid application to the Injuries Board.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.