Making a Personal Injury Claim
Personal Injury-If you have been involved in an accident or were subject to conditions that lead to an injury or ailment, than you may be entitle to a personal injury compensation claim.
Making a personal injury claim
Pursuing a legal dispute for injuries or illnesses may seem straight forward.
However, the task of seeking compensation often requires extensive legal expertise and experience.
Firstly, an independent body known as The Injuries Board assess all personal injury claims in Ireland.
Information provided by your doctor or an independent doctor appointed by the Board will be assessed by the Claims Board.
The extent of your injuries/illnesses and circumstances leading to the injuries/illnesses will determine any potential compensation awarded.
Secondly, your case can be referred to the Courts if the respondent does not agree to the assessment by the Injuries Board or where either party rejects the Board’s award.
Furthermore, applications for compensation in Ireland cannot be made direct to the courts without the consent of the Injuries Board.
Personal Injuries Claims include:
Road Traffic Accidents
Road traffic Accidents in Ireland are too common place.
The primary causes of road traffic accidents leading to deaths and injuries are;
- Speed inappropriate for, or inconsistent with, the prevailing circumstances or driving conditions
- Impaired driving through alcohol, drugs (prescription or non-prescription), or fatigue
- Failure to use or properly use seatbelts and child safety restraints
- Unsafe behaviour towards / by vulnerable road users (pedestrians, motorcyclists, cyclists, young children and older people).
As such, the Injuries Board in Ireland sees thousands of Road Traffic Accident claims each year.
Accidents in Public Places
In order to make a public liability compensation claim in Ireland, you must have sustained an injury.
This must be due to the negligence of an individual or entity that owed you a duty of care i.e. premises owner.
In addition, accidents that occur in public places, bars, restaurants and result in injury may be resolved by making a public liability claim against the insurers of the premises.
Thus as a Solicitor I can attest that often these claims require significant legal expertise and experience.
Step- by- step process to making a personal injury claim:
- Get in touch with your solicitor to gain a clear understanding of the claims process and your entitlements.
- Request assistance in filling in a claim application form and compiling necessary documentation i.e. medical report, images of injuries, accident report etc. This is a crucial and often determining factor in the Board’s decision to accept or reject a claim.
- Forward your application form to the Injuries Board of Ireland within 3 months of the incident leading to your injury/ illness.
- The Respondent (person who you are making a claim against) should receive notification of your claim from Injuries Board.
- Respondent, usually represented by an insurance company, agrees to the assessment of your claim by InjuriesBoard.ie.
- You may need to attend a medical assessment carried out by an independent represented for the Injuries Board.
- InjuriesBoard.ie assess the amount of compensation (monetary value of your claim).
- Claimant and respondent both accept the amount of compensation.
If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts.
Disclaimer: While every care is taken to ensure accuracy of information contained in this article, Solicitor Karen Walsh does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
See walshandpartners.ie/blog for more on Personal Injury claims!!