Personal Injury Claims – What you need to know
Learn about personal injury claims in this comprehensive blog post.
Take a look at some of the most common personal injury claim FAQ’s we receive. By reading these FAQ’s we hope you may find the answers you need relating to personal injury claims.
PERSONAL INJURY CLAIMS *
Our team here at Joyce & Co., Solicitors provides specialist advice and representation on all types of personal injury claims including road traffic claims, public liability claims, accidents at work, product liability, and medical negligence claims. Our team here at Joyce & Co
Solicitors are experienced and equipped to guide you through the claims process and are committed to working with you for the very best results in your personal injury claim.
What is a Personal Injury Claim?
A personal injury claim is a process whereby the injured party (“the claimant”) seeks compensation for injury or illness that has resulted from the fault of another person (“the wrongdoer’)
In order for a claimant to recover compensation from the wrongdoer arising from an injury or illness, it will be necessary to establish that the wrongdoer owed you a duty of care, that the wrongdoer was in breach of their duty of care and thereby caused the injury suffered by you.
Are there different types of personal injury Claims?
There are many different instances where a Personal Injury claim may arise and the following are examples of the most common incidents
Road Traffic Accidents
Hit and Run Accidents
Poor Lighting Accidents
Falls from a ladder
Repetitive strain injuries
Manual Handling Injuries
Public Liability Accidents
Slip and falls in a public place
Accidents caused by spillages
Accidents caused by wet floors
Slip and fall in Public a place
Trip and fall in a public place
Food poisoning from a restaurant
Are there time limits for the notification of a claim?
The law in Ireland says that personal injury claimants should notify the wrongdoer of your intention to bring a claim within one month of the accident unless there is a good reason not to do so.
What are the time limits for a Personal Injury Claim?
A personal injury claim must be initiated within two years from the date of knowledge of the person’s injury. However, it should be emphasized that this limitation period may be shorter or longer depending on the nature of your case. If you have suffered an injury, you should contact our team at Joyce & Co Solicitors as soon as possible.
What is PIAB?
PIAB is the Personal Injuries Application Board. When you are making a claim for personal injuries, this is the first stage of the process. Joyce & Co Solicitors are experienced in making applications to PIAB on behalf of claimants.
How do I bring a Personal Injury claim?
A. Obtain specialist legal advice:
It is important that you seek legal advice in relation to your personal injury claim so as to ensure that you are fully informed in relation to your rights and entitlements. We believe this is important before reaching any settlement with any insurance company because a settlement without the appropriate legal and medical advice might not adequately compensate you for your injuries and losses.
B. How does one start the claim process?
Our team at Joyce & Co. Solicitors will discuss your case with you and if you have a claim, our team will send the appropriate letter to the person you believe caused the injury within one month of the accident or injury. If you have suffered an injury, it is advisable that you seek legal advice as soon as is possible following your injury so that a letter can be drafted by a solicitor on your behalf.
C. How much information will be involved in my claim?
Our team at Joyce & Co Solicitor will advise early on in terms of the information that you will require as each scenario is different. It is very important that you consult with our team as soon as possible to discuss your case so that we can advise you. As a general guide, the following information will necessary for your solicitor to prepare your personal injury case:
(i) Details of the person(s) responsible for your accident and/or injury;
(ii) Details of any witnesses to your accident;
(iii) Details of any members of An Garda Siochana that attended the scene;
(iv) Details of your costs associated with your medical treatment;
(v) Details of your treating doctor;
(vi) Details of any loss of earnings and details of any future loss of earnings;
Our team will also write to your treating General Practitioner or treating consultant, as the case may be, requesting a report in relation to your injuries, the treatment you have received and the general prognosis relating to both the duration and extent of your injury.
D. What happens with the PIAB application?
(i) Submitting Application
Once all the relevant information is gathered, our team will prepare the necessary application to PIAB along with the necessary evidence and supporting documentation. Once the application is submitted with the appropriate documentation, the application will be acknowledged and this then stops the 2-year time limit in order for your application to be assessed by PIAB.
The person responsible for your injury, the Respondent, then will be notified and has 90 days to agree to permit the PIAB to assess your claim. If the Respondent does not agree to this assessment, PIAB will issue you with an Authorisation allowing you to take your claim through the Courts.
(ii) Assessment of Claims by PIAB:
PIAB in assessing your claim and ultimately determining the amount of compensation appropriate to your case will have regard to the ‘Book of Quantum’. The Book of quantum provides guidance in relation to the amounts that may be awarded for an injury.
PIAB in assessing a claim will consider the medical report(s) submitted and the documentation furnished in addition to your application. PIAB may refer you to specialist doctors for their expert opinion in order to assist with the assessment of your claim.
PIAB will assess the appropriate compensation to be awarded, having regard to the ‘book of quantum, arising from your physical and psychological injuries. PIAB in their assessment will also take into account matters such as:
Loss of earnings arising from your injuries;
The associated medical costs;
Future medical costs in relation to your injury;
Any travel expenses that have directly resulted from your injury
Once an assessment has been carried out by PIAB, an offer of compensation will be made to you. You will have 28 days to decide whether or not you wish to accept this offer, and failure to respond in this time will result in an automatic rejection of the offer. The person responsible for your injuries has 21 days to accept or reject the offer of compensation.
The Team here at Joyce & Co Solicitors will discuss the offer of compensation with you and advise you on:
a. Whether the compensation offer adequately compensates you for your injury and loss;
b. The type of award that a Court is likely to award in your case from our own experience;
c. Whether the PIAB assessment should be accepted or rejected.
If both the Claimant and the Respondent accept an offer of settlement, then your case will be considered settled and the Respondent will be required to pay you your compensation.
Once a case is settled in a full and final settlement this means that you cannot revisit the case again and therefore it is important that the offer of compensation adequately compensates you for the damage and the remaining recovery time.
However, if one of the parties rejects the assessment, then the Claimant is permitted to bring Court proceedings and here a Judge will decide the outcome of your case. If your case proceeds in Court, the team here in Joyce & Co. Solicitors have the experience and knowledge to obtain the best outcome in your case through settlement, negotiation, mediation, or through an award of the Court.
Contact Joyce & Co Solicitors
If you’ve been in an accident that wasn’t your fault and you wish to make a personal injury claim, please get in touch with Joyce Co Solicitors. With over 20 years of experience negotiating personal injury claims, our team can advise you on the best course of action for your personal injury claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.