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Personal Injury Solicitors Dublin

If you have been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, and as an injured party you will have a right to initiate a personal injury* claim.

In the law of negligence, what is termed the ‘neighbour principle’ was laid down in a case back in 1932 but the Judge in that case outlined the parameters of the duty of care in the following quote “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’’.

Personal Injury* Claims Procedure

The Personal Injuries Assessment Board is responsible for dealing with personal injury* claims in Ireland. The procedure for initiating a personal injury* claim is straightforward. To complete your application you will need:

  • A Medical Assessment Form that your treating doctor has completed;
  • Your completed Application Form which you may submit by post or online;
  • Your payment. The sum is €45 if the application is completed online and €90 if submitted by post.

You must submit receipts to show financial losses that you may have suffered following the accident. If you have any other documentation to support your claim, you can present it also. You should submit your application by mail if the application is for a minor or someone who is critically injured.

How Long Does a Personal Injury* Claim Take?

Some factors that may affect how long a case takes include;

  • Once an application has been made to the Personal Injuries Assessment Board, it usually takes between 9 months to 1 year before it is concluded.
  • If one of the parties does not agree to the Injuries Board making an assessment, the matter can proceed to court.
  • If an assessment sum is not agreed to by one party, the matter can proceed to court.
  • How long will the court case process take depends on various factors, such as, is the case straightforward for complex ?.
  • Is there one injury or multiple injuries ?.
  • What is the attitude of the defendant to the case ?.
  • Has liability been admitted or is it contested ?.
  • Has the injury stabilised ?.
  • Has the treatment concluded ?. Has the injured parties doctors recommended further treatment ?. Detail of the further treatment is then required.
  • What number of experts reports are required ?.
  • Is it easy or difficult to obtain expert reports ?.
  • Is it easy or difficult to obtain medical records ?.
  • Have the legal pleadings concluded. In the High Court the defence must be provided to the injured parties solicitor within 8 weeks from the time the summons is served. This is not a long time, and in personal injury* cases one must proceed step by step in conjunction with the guidance of the medical persons assisting the injured party.

How Are Personal Injury Claims Calculated ?

Damages in legal cases of this nature are divided into two groups, namely general damages and special damages.

Special damages can be loss of income, medical consultations, treatment fees, damage ie loss of car, car hire, medication, vehicle towing, travel, physiotherapy, damage to property, or other expenses incurred relevant to the accident.

General damages are calculated with respect to consideration of the pain and suffering sustained. The nature and duration of the injuries will be examined together with the effect on ones life.  

Do Personal Injury Claims Go to Court?

An initial step for any injured party who wishes to initiate a personal injury* claim is to make an application to the Board. The Personal Injuries Assessment Board is a statutory body that carries out its own private, independent assessment of a persons personal injury* claim.

It will not assess claims regarding the provision of any medical or surgical procedure in relation to a person, or the provision of any medical advice or treatment to a person.

A purely paper-based system, it never carries out oral hearings but assesses claims with regard to medical evidence, such as the medical report furnished by the injured party to the Board.

If the person who caused the injury consents to the Injuries Board assessing the application, or if they fail to state in writing whether they consent to the assessment or not, the Injuries Board will proceed to carry out the assessment.

If the Applicant and the other party called the Respondent accept the Injuries Boards decision, then the matter has concluded, and it will not progress to Court, and therefore the injured party is not required to be in a court setting giving evidence.

If the person who causes the accident states in writing that they do not consent to the Injuries Board making an assessment, the Injuries Board will issue whats termed an authorisation, which permits the applicant (injured party) to bring legal proceedings, and it is up the the injured person then to decide if they wish to proceed to Court.

Personal Injury Claims Guidelines – Book of Quantum

Each personal injury* claim is dealt with on an individual basis, however, the Book of Quantum does provide guidelines regarding a potential range for compensation for a particular injury.

It is necessary to first identify the party of the body that has suffered the injury. There are six categories provided for in the book.

Next the severity of the injury will be assessed, from the minor range to the severe and then permanent.

It is necessary to assess then if there is one injury or multiple injuries.

Order for Pay

If the Injuries Board issues and assessment of damages and then Order for Pay, the responsible party is served with the order. If then the respondent fails to comply with the order Cleary & Co. personal injury solicitors Dublin can assist you with what is termed enforcing the Order.

Frequently Asked Questions

How do Personal Injury* Claims work ?

An initial step for any injured party who wishes to initiate a personal injury* claim is to make an application to the Board. The Personal Injuries Assessment Board is a statutory body that carries out its own private, independent assessment of a persons personal injury* claim. It will not assess claims regarding the provision of any medical or surgical procedure in relation to a person, or the provision of any medical advice or treatment to a person.

A purely paper-based system, it never carries out oral hearings but assesses claims with regard to medical evidence, such as the medical report furnished by the injured party to the Board.

If the person who caused the injury consents to the Injuries Board assessing the application, or if they fail to state in writing whether they consent to the assessment or not, the Injuries Board will proceed to carry out the assessment.

If the person who causes the accident states in writing that they do not consent to the Injuries Board making an assessment, the Injuries Board will issue whats termed an authorisation, which permits the applicant (injured party) to bring legal proceedings.

How many Personal Injury* Claims go to Court ?

The Personal Injuries Assessment Board is tasked with dealing with such claims. In 2018 the Board noted they have assessed 130,000 claims since 2004 and that 60% of the applicants accepted the Injuries Board Assessment.

In essence the vast majority of such claims do not reach court and do not need to go to Court. Court only arises if it is necessary in the circumstances.

How often do Personal Injury* Claims go to Court

This is answered above.

Is there a time limit to making a Personal Injury* Claim  ?

Yes.

There is a limit regarding how long an injured person has to initiate a legal action. This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be whats termed as statute barred from court. One has two years from the date of the accident to initiate the legal action.

Can I make a personal injury* claim for emotional distress ?

There are conditions which must be met before one can embark on a personal injuries* legal action where one sustains emotional distress.

For example, if the distress is due to a work situation, one should apply the facts to the following questions.

  • Is the employees injury either physical in nature or a recognisable psychiatric illness diagnosed by a Psychiatrist ?;
  • Was the personal injury* caused by the bullying in the workplace ? for example;
  • Did the bullying occur in the workplace ?;
  • Was the conduct of the employer unreasonable and without proper cause, which is judged objectively ?;
  • Can the injured employee prove that the bullying behaviour caused the injury and was this reasonably foreseeable ?.

The foreseeability test is very important in these actions and the question of what the employer did know, or ought to have known will he investigated thoroughly.

Do I need a solicitor to bring a personal injury* claim ?

No you don’t. You can do it yourself. It is simply a decision you have to make based on if you perceive there is value in obtaining a solicitor or not. If you perceive there is no value in it, like in any service, you won’t want to obtain such a service.

You can obviously ask a solicitor what specifically does their service involve and ascertain their experience for such cases, which may assist you making the decision.

Is there an impartial service or helpline for general advice ?

Not that we know of other than from solicitors who understand tort law.

What is mean’t by personal injury in tort ?

If you have been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, which basically means you will have a right to seek a legal remedy for this wrong. Tort law is there to protect people from harm and injury and attach legal responsibility to anyone who causes the harm.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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

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