Accident Questions & Answers

If your personal injury accident was caused by another person, you can take legal action against them.

The onus is on the injured party to prove the injuries were caused by another party’s negligence.

If it is established that another person is responsible for your injuries through their negligence, the law entitles you to receive compensation. 
Compensation is calculated with the aim of trying to put the injured person in the position they would have been in if the injury had not occurred.

If you have had an accident and have been injured and it is due to the fault of another, there is a strong possibility that you can pursue a Personal Injury case.

The next stage will be for you or your Solicitor to engage in the work of proving that the other party caused the accident through his/her negligence.

Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

If you intend to make a claim, it is very important you contact the other party advising them of your claim within two months of the accident. The Statute of Limitations requires a claimant to submit their claim within a two year period. There are some exceptions to this.


Why  ?

1.    The facts will be clearer and detail will not be lost soon after an accident. In particular, witnesses are easier to locate. The more information we have about the circumstances of your case as soon as possible after the accident, the better equipped we are to achieve the best possible result for you.

2.      Evidence may need to be preserved and a Court Order may be required to secure  this. For example, if there is CCTV footage of your accident, this may be erased. Or, if you are operating a piece of machinery at work and have an accident, the piece of machinery should be examined by an Engineer and the machine in question may not be available if you wait too long before contacting your Solicitor.

3.     You will prevent your case from being statute barred. In order words, if you do not initiate legal proceedings within the required time limit, your case cannot be brought to Court. There are exceptional circumstances in which you can initiate proceedings after the time limit expires and you should contact your Solicitor for advice in relation to this as soon as possible.

If it is a personal injury claim, you begin by registering your claim with the injuries board within the correct time, with the correct documentation.

The Board provides an independent assessment of personal injury claims for compensation following all accidents including road traffic accidents, workplace accidents and accidents in a public place. All Personal Injury Claims must be submitted to the Personal Injuries Board with some exceptions such as medical negligence.

No. The Injuries Board does not take oral evidence from you. The assessment is based on documentation submitted by you including an application from and accompanying documentation, for example a medical report.

This may depend on a number of factors: If your claim is dealt with by the Personal Injuries Board, you will not need to attend Court. The Board will not deal with a claim where the claimant is suffering from psychological injuries such as post traumatic stress disorder and the Board will refer your case to be pursued in Court. Where an assessment is made by the Board and you are not happy with the level of compensation, your case can be pursued in Court. Even if your case is pursued in Court and you do not wish to go to Court and give evidence, we will endeavour to settle your case outside of Court.

Yes, the more detail we have, the better for your case.

Yes. The cost of your medical care present, past and future is very important to your case.

Yes. If the injury is on the outside of the body, you should take a photograph as soon as possible after the accident.

Yes, Medical Negligence Claims.

Correct. Medical Negligence claims fall outside the scope of the Injuries Board.

Yes, the Motor Insurance Bureau of Ireland is responsible for compensating victims of accidents caused by motorists who do not have valid insurance.

Yes. The Motor Insurers’ Bureau of Ireland compensates innocent victims of accidents caused by uninsured and unidentified vehicles.

This will depend on the facts that exist in your case.

Compensation is awarded under a number of different headings:

  • Compensation for pain and suffering; and
  • Compensation for your financial losses from the date of the accident ( eg: loss of earnings/medical expenses ); and
  • Your on-going expenses into the future. Compensation for future losses may require evidence of experts such as an Actuary or Occupational Therapist. 

Yes. If you have been injured and you are unable to work, you are entitled to claim for this loss.

Injury Benefit is one of the benefits available under the Occupational Injuries Benefit Scheme. It is a weekly payment made to you if you are unfit for work due to:

·         An accident at work

·         An accident while travelling (on an unbroken journey) directly to or from work

·         An occupational disease.

An occupational disease is a disease that you contract in the course of your employment or due to the work you do, for example, from contact with physical or chemical agents. The Department of Social Protection has a list of Prescribed Occupational Diseases.

This depends on a number of factors and is difficult to answer as a general rule and depends to a large extent on how complex your case is. We can generally bring a case to a conclusion within 12-18 months of the initiation of proceedings. However, if your injuries are significant, the case may take longer. This may be because we have to wait until we know exactly what your long term prognosis is, i.e. what your Doctor’s opinion of your future medical condition will be.

Many straightforward cases are settled within 12-18 months. Complex industrial disease, high quantum cases and serious injury cases may take two to three years

Your compensation is assessed based on a number of factors, including the type of injury, its severity, the lasting impact it will have on you, and the cost of treating it. You may also be able to claim compensation for the psychological and emotional consequences of your injury

Yes. If you are found to have contributed to the circumstances which caused your injury, your compensation will be reduced. If you are found to have been 50% to blame, you will receive 50% of the compensation to which you would have ordinarily been entitled.

Your compensation is paid by the losing party. In most claims, the compensation will be paid by the other side’s insurers.

Yes. The Statute of Limitation period applies differently in this event. Please ask your Solicitor as the exact answer is dependant on the current age of the child/young adult and the Statute of Limitations.

Settlement payments or Court Awards in respect of personal injuries are exempt from Income Tax. Any income, including rental income received in respect of investment of such compensation or Court Award, is also exempt from Income Tax.

 Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.