Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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Learn about the Statute of Limitations in Ireland, which sets the time limits for bringing legal claims. Understand key deadlines and their implications.
The Statute of Limitations relates to the length of time a person has in which to make a claim following an incident that gives rise to a claim. The purpose of the Statute of Limitations is twofold: to discourage Plaintiffs from unduly delaying the institution of proceedings and to protect Defendants from stale claims.
Limitation periods in Irish law are set out in a variety of statutes, but primarily, the limitations applying to civil actions are set out in the Statute of Limitations, 1957, and the Statute of Limitations (Amendment) Act, 1991 and 2000. These statutes limit the right of action so that any action will be time-barred after a prescribed period. The statute of limitations in the Republic of Ireland depends on the type of legal case and also who is taking the case (the rules are different for children). The time period usually starts from the date of accrual of the cause of action or (if later) knowledge of the potential cause of action.
The period in which a person can bring a claim for personal injury is two years less than one day. The clock starts running from the date of knowledge. The date of knowledge is when the injured person became aware they were injured; it was a significant injury, and the negligence of the party at fault caused it. Often, this date will be the day of the accident; however, in some cases, an injury does not manifest immediately after the incident.
There are some circumstances in which the applicable time limit may be altered, such as
Another exception to the normal principle that the date of injury and the date of knowledge are the same is asbestos-related injury cases and other industrial diseases that have been acquired over a period of time. Given the nature of asbestos-related injuries, those affected may have no knowledge that they have contracted an asbestos-related injury for many years after exposure. In these circumstances, the two year time limit starts from when the injured party becomes aware that they had contracted an asbestos-related injury such as mesothelioma.
Although other industrial diseases may not necessarily be as severe as mesothelioma – such as a repetitive strain injury or carpal tunnel syndrome – the Statute of Limitations for personal injury compensation claims in Ireland starts from the day on which the plaintiff is diagnosed with an injury which is attributable to the negligence of a party who owed them a duty of care.
If the injured party is under 18, the statute of limitations operates differently, as minors cannot take a personal injury claim themselves. Therefore, the two-year limit starts from the child’s 18th birthday date. However, a minor may claim before their 18th birthday if their parent or guardian will bring it on their behalf.
Where an injury is suffered due to medical negligence, the statute of limitations is two years less than a day from the date of knowledge. This refers to the date the claimant became aware of their injury. The claimant’s awareness of four different factors is relevant to determining the date of knowledge:
This means that the date of knowledge may be many years after the event which caused the injury as, often with medical negligence, the injured has no way of knowing of the negligence until much later.
This refers to the date the claimant became aware of their injury. The claimant’s awareness of four different factors is relevant to determining the date of knowledge:
This means that the date of knowledge may be many years after the event which caused the injury as, often with medical negligence, the injured has no way of knowing of the negligence until much later.
If someone is deemed to be under a disability, the clock will not start running until they are no longer under such disability. A person under a disability is defined as:
If the injured party is under the age of 18 the statute of limitations operates differently as minors cannot take a personal injury claim themselves. Therefore, the two-year limit starts from the date of the child’s 18th birthday or the date of knowledge, whichever is later. However, a minor may make a claim before their 18th birthday if their parent or guardian will bring it on their behalf.
If the victim of an assault is bringing a case directly against the perpetrator of the assault, they have six years from the date of said assault to initiate proceedings. However, if the victim intends to bring proceedings against a school, institution, employer, or association for allowing the abuse to occur through their negligence, the time limit is reduced to two years from the date of the assault.
The statute of limitations in the context of sexual abuse may be relaxed if it can be shown that the victim was unable to bring proceedings within the prescribed time frame due to the psychological effects of the abuse. Whether such an extension may be appropriate is a matter of psychiatric opinion. However, the courts retain the discretion to dismiss a case on the grounds of an unavoidable delay if the delay prejudices the rights of the perpetrator.
Minors are considered incapable of bringing a claim independently so the time limit will not start running until they reach the age of 18. Alternatively, a parent or guardian may bring a claim on their behalf. The exception for those who are deemed incapable to bring a claim due to the psychological effects of the assault also extends to those who were assaulted as minors.
The statute of limitations for a professional negligence claim is generally 6 years from the date of the negligence. However, this limit may vary depending on the nature of the complaint. It is advisable to discuss your specific circumstances with a solicitor in order to ascertain the time limit which applies to you.
Section 50 of the Personal Injuries Assessment Board Act 2003 deals with the operation of the Statute of Limitations. All personal injury cases must be lodged with the Injuries Board for consideration. The Injuries Board will acknowledge safe receipt of the application and once this has happened the two-year limitation period is suspended for the purposes of the Statute of Limitations.
If the Injuries Board are unable to deal with a particular case they will issue an authorisation which allows a person to pursue their case through the Court system. It is important to note that the Statute of Limitations will begin to run again 6 months after the authorisation is issued from the Injuries Board.
No claim for personal injuries may be brought unless the injured party has applied for and obtained authorisation in respect of an injury from the Injuries Board.
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:
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply
Head of Client Services
P: 1800-844-104
E: [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.”
