Serious Injury Claim

Serious injury claim process

The legal process for a serious injury claim in Ireland is more complex than a standard personal injury claim.

It typically involves multiple expert witnesses, interim payment applications, and a detailed assessment of the claimant’s future care needs and loss of earnings.

Our serious injury claim solicitors act for individuals who have sustained serious injuries and for their families across Ireland.

For a step-by-step walkthrough of the claim process in Ireland, see: Personal Injury Claim Application Guide

Have you been affected as a result of a serious injury?

If you have suffered a severe injury and are considering legal action, seeking guidance from a qualified injury solicitor is essential.

Our firm has a team of experienced injury solicitors who are members of the Law Society’s injury accreditation scheme.

In addition, our team of experienced injury claim solicitors has over 30 years of collective experience handling cases for those who have suffered a serious injury.

Led by Philip Treacy, we have 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.

To discuss your case and explore your options, you can contact us via phone at 1800-844-104 (Free Phone) or email at [email protected], and a member of our injury claim team will be happy to assist you.

Serious injury claim types

Our team of experienced injury claim Solicitors at Coleman Legal LLP continuously educates themselves on all aspects of serious injury claims.

Serious injury claim

• Head Injury
• Brain Injury
• Back & Spinal Injury
• Facial Injury
• Facial Factures
• Eye Injury
• Broken Nose
• Broken Teeth
• Whiplash Injury
• Shoulder Injury
• Nerve Damage
• Back & Neck Injury
• Wrist Injury
• Hand Injury
• Elbow Injury
• Knee Injury
• Pelvis & Hip Injury
• Leg injury & Amputation

Road traffic accident claim

• Car Accident
• Bicycle Accident Claim
• Motorcycle Accident Claim
• E-Bike / E-Scooter Accident Claim
• Taxi Accident Claim
• Bus Accident Claim
• Pedestrian Accident Claim
• Public Transport Accident Claim
• Luas Accident Claim
• Other Major Road Traffic Accident Claim

Factory accident claim

• Asbestosis Claim
• Mesothelioma Claim
• Warehouse Accident Claim
• Industrial Accident Claim
• Crush Injury Claim
• Over Exposure Claim
• Defective Equipment Claim
• Loss of Limb Claim
• Noise-Induced Hearing Loss Claim

Construction accident claim

• Building Site Accidents Claim
• Machinery Handling Accidents Claim
• Defective Machinery Accidents Claim
• Moving Vehicle Accidents Claim
• Welding and Chemical Burns Claim
• Electrical Injury at Work Claim
• Slip and Fall Injury Claim
• Forklift Accident Claim
• Scaffolding Accident Claim

Other accidents in the workplace claim

• Carpal Tunnel Syndrome 
• Noise-Induced Hearing Loss Claim
• Repetitive Strain Injury
• Fishing Accident Claim
• Warehouse Accident Claim
• Meat Factory Accident Claim
• Defence Forces Accident Claim
• Agency Worker Injury Claim
• Retail Staff Injury 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
• Creache Accident Claim

Injuries Resolution Board (IRB)

The Injuries Resolution Board, known as the IRB, is the statutory body responsible for assessing personal injury claims in Ireland before court proceedings may be issued.

It was formerly known as the Personal Injuries Assessment Board (PIAB) and was renamed following the enactment of the Personal Injuries Resolution Board Act 2022.

The name PIAB remains relevant only in one specific context: where an Authorisation was issued by PIAB before 24 April 2021, the Book of Quantum continues to apply as the assessment framework for that claim.

For all current claims, the IRB is the correct name and the Personal Injuries Guidelines 2021 apply.

Before court proceedings can be issued for most personal injury claims in Ireland, the claimant must first make an application to the IRB.

This requirement is set out in the Civil Liability and Courts Act 2004.

The IRB assesses the value of the claim where the respondent (the other party or their insurer) consents to the process.

If the respondent does not consent, or if either party rejects the IRB’s assessment, the IRB issues an Authorisation, a document that permits the claimant to bring court proceedings.

For serious injury claims, the IRB process is often not the primary route.

Claims at this level of severity frequently involve disputed liability, require extensive expert evidence before a meaningful assessment can be made, or fall into categories that are exempt from the IRB process altogether, such as medical negligence claims.

Our solicitors can advise on whether a IRB application is required in your specific case and on the most appropriate route to resolution.

Time limit

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.

Frequently Asked Questions

What makes an injury ‘serious’ for the purposes of a legal claim in Ireland?

There is no single statutory definition of ‘serious injury’ in Irish personal injury law.

In practice, the term refers to injuries at the most severe end of the Personal Injuries Guidelines 2021 spectrum, injuries that result in permanent and profound disability, dependency on others, or a fundamental change in the claimant’s capacity to live independently.

The Personal Injuries Guidelines 2021 provide compensation bands for categories including total paralysis, serious brain damage, and total loss of both hands, which range up to and above €500,000.

Cases at this level require highly specialised expert evidence and a level of future-cost analysis that goes significantly beyond a standard personal injury claim.

Whether an injury meets the threshold for this category is assessed on its individual facts, with reference to the medical evidence and the claimant’s life circumstances.

What are interim payments, and how do they work in a serious injury claim?

An interim payment is an advance payment of damages, made before the full claim is finalised, where it is established that the claimant will recover a substantial award and has an immediate need for funds.

In serious injury cases, where the injured person may have urgent care needs, require home adaptations, or have lost their income entirely while the claim is pending, an application for interim payments can provide critical financial support during what is often a multi-year legal process.

An application for an interim payment is made to the High Court.

The court will consider whether it is satisfied that the claimant would recover a substantial amount, and whether there is an immediate need.

Our solicitors can advise on whether an interim payment application is appropriate in a given case and can make that application on the claimant’s behalf.

What future costs can be included in a serious injury claim?

A serious injury claim is structured to address not just the claimant’s immediate losses but their full future needs.

The future cost element of the claim typically includes

• The cost of ongoing medical treatment and therapies;
• The cost of paid care (where the claimant cannot live independently);
• The cost of assistive technology and mobility aids;
• The cost of specialist accommodation or home adaptations; and
• The claimant’s lost future earning capacity from the date of injury to the expected retirement age.

Each of these elements requires specialist expert evidence.

Care needs are assessed by a care expert, future earnings by a vocational assessor, and the financial modelling is carried out by an actuary.

These experts work together under the guidance of the solicitor to build a comprehensive picture of the claimant’s future needs.

Our Team