How Do I Start an Injury Claim?
Have you been in an accident and would like to bring a personal injury claim? Before proceeding with your claim, you need to prove that your injury, illness or disease was caused by another party’s negligence (for example, an employer, another driver or a local council). Talk to our team today.
How long does an injury case take?
Subject to certain very strict exceptions, you have two years from the date of your accident to commence legal proceedings. If the two year period has expired, even by one day, then your claim is Statute Barred from proceeding. An important exception to this rule is that persons under the age of 18 years at the time of the accident (minors) have until their 20th birthday to commence proceedings.
In theory therefore, a four year old for example has 16 years to commence proceedings, although a lengthy delay may create severe difficulties and may give rise to the defendant having grounds to apply for a dismissal of the claim on the grounds that his right to put up a defense has been prejudiced by the delay. It should be noted that it can take time to have legal proceedings issued so you should not leave it until the last few weeks before expiry of the statute before instructing your solicitor in the matter.
We deal with every case individually but always on the basis that it may end up in court, but in reality few cases end up in court. Cases go to court for two reasons;
The defendant has made no offer:
If an offer is made, it is you who decides whether to accept it; we and your Barrister will give our advice on any offer, but the ultimate decision is yours. In such an event, your options will be clearly explained to you by us and your Barrister. Read More >
The defendant has not offered a suitable award:
If no offer is made, this would clearly indicate that the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly explained to you by us and your Barrister.
FAQs
Will my Case Go to Court?
Will my Case Go to Court?
We handle every case on the basis that it may end up in Court – in reality, cases don’t always go to Court and usually settle beforehand. If the defendant’s insurer has not offered enough, or has made no offer on your case, then your case may go to Court. However, if any offer has been made, you (the claimant) decide whether to accept it. Your Solicitor will advise you on whether to accept or reject the offer, but the ultimate decision is yours. If no offer is made, this indicates that the other side is reasonably confident of defending the case.
Why would my Case go to Court?
Why would my Case go to Court?
Cases go to court for two reasons, either because the Defendant has not offered sufficient compensation or because the Defendant has made no offer. If an offer is made, it is for you to decide whether to accept it. Your Solicitor will advise on any offer, but the final decision is yours. If no offer is made, this indicates the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly outlined to you.
What happens if my Case does go to Court?
What happens if my Case does go to Court?
If your case goes to court, there is no reason to be concerned about appearing in court, as your solicitor will guide you through your evidence. You simply answer all questions to the best of your ability. Your legal team will be there to support you throughout the whole case. You are first examined by your own Barrister, after which the Defendant’s Barrister will cross-examine and attempt to elicit details from you. These questions may be favourable to the Defendant’s case. The Judge may also have questions.
3 Tips For Going to Court
3 Tips For Going to Court
- When arriving for your case, it is important that you dress in a manner which shows proper respect to the Court.
- If being questioned in court, Try to avoid giving hasty or confused replies
- If you are not sure of the answer to any question, you should say so, Your legal team are there to support you.
Do I need to bring a Witness to Court?
Do I need to bring a Witness to Court?
After your evidence is completed, the evidence of any other witnesses is heard. This may include a medical practitioner. Their evidence is usually admitted as a medical report handed to the judge. Other witnesses may include an engineer and any person who witnessed the event.
Pre-Trial Consultation
Pre-Trial Consultation
A few days before or on the day of your trial, a consultation takes place with Counsel from both sides. During this meeting, if an offer is made by the other side, our legal team will provide detailed legal advice on the offer, but the decision whether to accept or not is yours. If no offer is made, this clearly indicates that the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly explained to you by us.
How does the Judge reach their Decision on Liability?
How does the Judge reach their Decision on Liability?
When all the witnesses have been heard and Counsel has made any relevant points to the Court, the Judge makes his/her decision, more often than not on the day, but on occasion they may postpone the judgement to another day. The Judge delivers their decision on liability, and if in favour of the Plaintiff, will make an Award of Damages as Compensation.
When will I get my Compensation Award?
When will I get my Compensation Award?
Following a settlement or court award, it typically takes about 3 weeks for a cheque to issue from the major insurance companies. Local authorities can take longer, usually about 8 weeks.
Step by-step process – How to Start your Injury Claim
Step 1: You tell us about your Case
Step 1: You tell us about your Case
We will take the details of your accident and injury, answer any questions you may have and advise you of your best options. Contact us by phone: 01 453 7890, by Email at info@lawline.ie fill out our solicitor call back form
Step 2: We Inform the Third Party
Step 2: We Inform the Third Party
Once you instruct us to take on your case, we write to you confirming your instructions and proceed with informing the third parties and / or their insurers of the case. We then arrange to take up a medical report and gather the necessary proofs to support your claim.
Step 3: We Process the PIAB Assessment
Step 3: We Process the PIAB Assessment
By law we must process your claim initially through PIAB (the Injuries Board) before any Court Proceedings can be issued, which we do on your behalf. They (PIAB) notify the other side, and / or the Insurers, of the application. The other side has the choice of accepting the Injuries Board or rejecting the assessment procedure. By law we must process your claim initially through PIAB (the Injuries Board) before any Court Proceedings can be issued, which we do on your behalf. They (PIAB) notify the other side, and / or the Insurers, of the application. The other side has the choice of accepting the Injuries Board or rejecting the assessment procedure.
Step 4: We Commence Court Proceedings
Step 4: We Commence Court Proceedings
If the other side declines The Injuries Board assessment procedure, we then commence court proceedings. We will inform you of all stages of your case as it progresses. By law we must process your claim initially through PIAB (the Injuries Board) before any Court Proceedings can be issued, which we do on your behalf. They (PIAB) notify the other side, and / or the Insurers, of the application. The other side has the choice of accepting the Injuries Board or rejecting the assessment procedure.
Professional Support Services
Other than acting for our clients, we also provide support services such as sourcing the best medical experts providing the necessary treatments, physiotherapists, engineers, and more.
Before we make a recommendation, we will discuss your case with you in detail. In many cases, it will be clear from the outset that your injury case will be successful. If, however, we believe you have no case, we will tell you immediately. It will not be in your interest to pursue a case that stands little chance of success. Contact us for more information about starting your claim.
Got a question about Starting a Claim for Personal Injury or Medical Negligence? Send us a message!
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
Road Traffic Accidents
If you were injured in a road accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Personal Injury Accidents
Injury claims involving accidents in public places, leisure centres, and workplaces are common. We will assist you in determining who is legally responsible and secure the compensation you deserve.
Accidents at Work
Common workplace accidents arise from heavy lifting, carrying, slipping, tripping, falling objects, tools, machinery or repetitive tasks. Employers have a duty to provide a safe work environment. If your injuries were caused in work you may be eligible to seek compensation.
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FAQs
Injuries Resolution Board
Talk to a Solicitor today
Contact us 7 days a week by phone, email or fill out the tell us about your case form and a solicitor will contact you without delay. We are Here to Help.
