Personal Injury Solicitors Dublin & Nationwide
If you’ve been injured or become ill as a result of someone else’s negligence, you may be entitled to compensation. Our team of Personal Injury Solicitors are experienced in dealing with all types of personal injury cases.
We work with our clients to achieve the best possible outcome for your case and have helped thousands of individuals get compensation for their injuries and illnesses.
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What is Personal Injury?
An injury or sickness caused (or made worse) by someone else’s negligence is known as a personal injury. If you have been involved in an accident or suffered an injury at the hands of another person we would advise all persons considering a personal injury claim to carefully read the information below and if you have any questions or you are contemplating an action to contact our solicitors at the earliest available opportunity.
The main reason for this is time. It is not enough for one to have merely been involved in an accident or to have suffered an injury; in order to obtain compensation from the courts it must be apparent that the party or parties you wish to pursue for a claim were at fault and at the very least partly to blame for the accident and the injuries that you have suffered.
The following important areas are covered by our Personal Injury Solicitors
Our team of experienced Personal Injury Solicitors at Coleman Legal continuously educates themselves on all aspects of personal injury. No matter how unusual or rare your case is, we can offer sound advice and support to help you achieve the best possible outcome.
We are currently representing clients in relation to
Road Traffic Accidents
Car Accident Claims
Bicycle Accident Claims
Bus Accident Claims
Motorcycle Accident Claims
Accident at Workplace
Accident in Public Place
Supermarket Accident Claims
Hotel Accident Claims
Medical Negligence Claim
In Ireland, how do you file a personal injury claim?
Most claims do not start in court. In general they are legally required to begin with the Injuries Board—with exceptions including medical negligence, some assaults and some cases of entirely psychological injury. People who apply to the Injuries Board often do so with the help of a solicitor. This helps to make the process as smooth as possible. Your solicitor can assist with such matters as: gathering documents, evidence and medical reports; the submission of the application; and consideration of the amount of compensation suggested by the Injuries Board.
If you have been involved in an accident, the Injuries Board process typically consists of the following steps:
Speak to an experienced Personal Injury Solicitor
At the start of the process, you will need to give the following information to your solicitor:
- Details of the incident
- Details of the injury together with any available evidence of such details (e.g. photographs)
- Details of any prior injuries, accidents, claims for compensation, or medical conditions
- Details of any expenses incurred because of the incident (e.g. medical bills)
- The identity (or a description) of the person at fault
Whether CCTV footage of the incident exists (your solicitor will be able to obtain this for you)
Your solicitor acquires a medical report
Your medical report is one of the most crucial documents in your case. Your solicitor will ask for details of your doctor or hospital in order to acquire a report on your injuries. Your solicitor will then use this report to progress your case.
Your solicitor prepares an Injuries Board application
After your solicitor has collected all the required information, they will complete and submit Injuries Board Form A for you. This is the application form that the Injuries Board needs to begin work on your case.
The Injuries Board will acknowledge receipt of the form once it has been submitted. The Injuries Board will also give the person at fault notice of your claim and send them a copy of the application form and medical report.
The clock will be stopped on the two-year time limit on bringing a case to court while the Injuries board is assessing your claim.
Assessment and Recommendation for your claim
Assessment of the Claim
In assessing your claim, the Injuries Board will refer to the “Personal Injuries Guidelines” published by the Judicial Council, which is a body made up of all the judges in Ireland. The Injuries Board will examine the Personal Injuries Guidelines to see what level of compensation the guidelines suggest for injuries similar to yours. The Injuries Board may also refer to past awards of damages made by the Courts in personal injuries cases. You may use our compensation estimator to get a suggestion of the amount you may be awarded for your injury.
Considering the Recommendation of the Injuries Board
After reviewing your claim, the Injuries Board will issue you with a suggested amount of compensation to be paid to you by the party at fault. You will then need to decide whether or not to accept this. Your solicitor can advise you at this stage on the best course of action. Ultimately, however, it will be your decision whether or not to agree to this first offer.
1. Possible Results
There are two possible results from this stage of the process:
- Both you and the party at fault agree to the amount of compensation suggested by the Injuries Board. The party at fault is then ordered to pay you this amount.
- Either you or the party at fault does not agree to this suggested amount of compensation. You can then take steps to issue court proceedings against the party at fault.
2. Time Limits for Acceptance or Rejection
Once a suggested amount of compensation has been issued by the Injuries Board, the claimant (the person making the claim) has 28 days in which to accept or reject the offer. The respondent (the person against whom the claim is made) has 21 days to accept or reject the Injuries Board’s offer. It should be noted that if the person making the claim does not respond to the offer within 28 days, the Injuries Board will deem the offer to have been rejected.
3. If the Award is Accepted
If both parties agree to the amount proposed by the Injuries Board, the Injuries Board will then issue an order to the person at fault requiring them to pay this amount over. When this amount is paid over, this is deemed to be a full and final settlement of the case, which means that the person making the claim cannot come back at a later date to seek further compensation.
4. If the Award is Rejected
If one of the parties does not agree to the amount proposed by the Injuries Board the next stage of the process begins, i.e. legal proceedings in which the case is taken to court for a judge to decide upon. If you reach this stage, you will work with your solicitor and they will issue legal proceedings to progress your case.
Statute of Limitation (Personal Injury Claims)
With all Personal Injury claims, one of the most important factors to be aware of is time. And this cannot be understated.
The law in this area is covered by the Civil Liability and Courts Act 2004 and by the Statute of Limitations Act 1957 as well as the Statue of Limitation (Amendment) Act 1991.
You have 2 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.
The Personal Injuries Assessment Board / The Injuries Board
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 a) the Respondent refuses to engage with PIAB, b) if PIAB refuses to proceed to an assessment, or c) if the applicant (the injured party) refuses to accept.
If you have received an assessment from PIAB and you 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.
As stated, 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.
How We Can Help ?
Our team of Personal Injury Solicitors are experienced in dealing with all types of personal injury cases. We work with our clients to achieve the best possible outcome for your case.
If you have been involved in an accident or suffered an injury at the hands of another person we would advise all persons considering a personal injury claim to carefully read the information below and if you have any questions or you are contemplating an action to contact our solicitors at the earliest available opportunity.
The main reason for this is time. It is not enough for one to have merely been involved in an accident or to have suffered an injury; in order to obtain compensation from the courts it must be apparent that the party or parties you wish to pursue for a claim were at fault and at the very least partly to blame for the accident and the injuries that you have suffered. Contact one of our Personal Injury Solicitors today to see how we can help you.
About Coleman Legal
Our highly experienced team of Personal Injury solicitors Dublin and Nationwide has 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.
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