FAQs Personal Injury Claims

What we do as your solicitor – The claims process

Once you have instructed us to commence proceedings, we, your Solicitor, write to you confirming the instructions and issue an originating letter of claim to the third party and/or their insurers. We then collect evidence to support your personal injury case. We handle your application to PIAB (Personal Injuries Assessment Board) and all case files.

The purpose of this information is not to discuss specific laws involved. Before accepting your instructions, we will have discussed your case with you and advised you of its strengths and weaknesses (if any). In some instances, the courts apportion liability, meaning they decide in favour of the Plaintiff but deduct from the full compensation based on the Plaintiff’s “contributory negligence.”

It is important to recognise that many valid claims are not pursued because an injured person believes the accident was their own fault, even though the primary cause may lie with another party, and their own carelessness might only have been a contributing factor. In such instances, the courts may assign liability. Therefore, it is always wise to consult a solicitor regarding any injury resulting from an accident.

What we do as your solicitor – The claims process

Once you have instructed us to commence proceedings, we, your Solicitor, write to you confirming the instructions and issue an originating letter of claim to the third party and/or their insurers. We then collect evidence to support your personal injury case. We handle your application to PIAB (Personal Injuries Assessment Board) and all case files.

The claims process – Step by step

1. We will write to you confirming the instructions and issue an originating letter of claim to the third party and / or their insurers.
2. We will collect evidence to support your personal injury case and will keep you informed at every stage of your claim.
3. We will correspond with the insurers, outlining the legal basis of your claim and the nature of your injuries.
4. We will ensure that your claim is presented fully and comprehensively so that you achieve the best possible outcome

7 Steps – What to do if you were involved in an accident L-A-W-L-I-N-E

1. Look – what caused your accident?
2. Act – make sure to immediately report your accident to a person in authority
3. Witnesses – make sure to take the names and addresses of anybody at the scene
4. Lawyers – contact Lawline for advice without delay
5. Injured – make sure to attend your doctor or local hospital as soon as possible
6. Never – never admit liability
7. Enquire – now for a copy of our brochure or email us for an instant call back

Litigation for contentious cases

If your solicitor is dealing with a contentious matter for you, the law requires that the following explanation be given to you.

Unless otherwise agreed, when your solicitor sends you a bill of costs, you are responsible for the payment of that bill. You remain responsible for this amount even where you reach a settlement with the defendant or any other third party and a term of that settlement is that you will be paid your costs. This is also the case where the defendant or other third party is ordered by a court to pay your costs. Your solicitor will seek to recover as much as possible of the charges from the defendant or other third party. When the monies are recovered, if you have already paid your solicitor, the monies will be refunded to you, less any costs incurred in their recovery. Otherwise, they will be set off against the full amount due to your solicitor.

The amount which the defendant or other third party may agree or may be ordered to pay will not generally be sufficient to set off your solicitor’s entire charges. Insofar as the costs recovered from the other party are insufficient to discharge your liability to your solicitor, then you remain liable to make up the shortfall.

Even where your solicitor is satisfied that you have a good case, the law requires that it is explained to you that, in the event of the following circumstances arising, you may be liable to pay, in addition to your own costs, the costs of the Defendant or other third parties.

Medical Examinations

For the purposes of your claim, we will request that your doctor and/or the casualty consultant at any hospital you may have attended, and any other medical practitioners, prepare medical/legal reports on your injuries.

• Sometimes the medical practitioners may furnish reports based on the notes taken during their previous examination of you, but very often they will write back to us with a date, time and venue for a medical examination.
• We will notify you in writing of all medical appointments we receive on your behalf. You should make a careful note of all appointments and ensure that you are in prompt attendance.
• Failure to attend may result in a non-attendance fee being charged by the doctor and a possible lengthy delay for another appointment. If any appointment does not suit you, please telephone your solicitor’s Secretary as soon as possible to let us know, and we will rearrange the appointment.
• We would ask you not to contact us to confirm that you will attend an appointment unless we specifically ask you to do so. Unless we hear from you to the contrary, we will assume you will attend

Medical Report from the injuries sustained

As part of the claims process, we must submit your claim to PIAB. First, we need a Medical Report from your treating doctor, outlining all injuries sustained as a result of your accident. We will then send a copy of this report to you, along with a Form A – an application form which must be signed by you in order for us to process your claim with the Injuries Board.

What is the time limit for children under 18 to start an injury case?

Persons under the age of 18 are known as minors or infants in law. Minors are not allowed to bring proceedings in their own name; they must be represented by a “next friend,” usually one of their parents. If a minor reaches the age of 18 before the claim is settled, they can continue the proceedings in their own name. The claim amount awarded to a minor is deposited into the court’s bank account and becomes payable to the minor with interest once they turn 18. The court must approve any settlement of a case involving a minor.

For example, in theory, a four-year-old, has sixteen years to start proceedings, although a significant delay could cause serious difficulties and might give the defendant grounds to apply for a dismissal of the claim on the basis that his right to defend 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 the expiry of the statute to instruct your solicitor in the matter.

Will my case go to Court?

We deal with 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 defendants Insurance Company 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 or not to accept it. Your Solicitor will give you advice in relation to accepting or rejecting the offer, but the ultimate decision is yours. If no offer is made, then this indicates that the other side is reasonably confident of defending the case.In such an event, your options will be clearly explained to you by your barrister and us.

Will 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 suggests 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?

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

 
1. When arriving for your case, it is important that you dress in a manner which shows proper respect to the Court.
 
2. If being questioned in court, Try to avoid giving hasty or confused replies.
 
3. If being questioned in court, Try to avoid giving hasty or confused replies.

Who will have to give evidence in 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.

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?

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.

Can I appeal the Court’s decision?

Yes, either party may appeal the Court’s decision. An appeal may be made against the judgment on liability or on “Quantum” (the amount of the Award). In Circuit Court cases, the appeal to the High Court must be lodged within 10 days. The appeal is “De Novo,” meaning a full re-hearing of the trial, with witnesses examined, similar to proceedings in the Circuit Court

There can be no further appeal from the High Court’s decision. An appeal from the High Court is made to the Supreme Court. This is a much rarer occurrence. As a general rule, an appeal cannot be made against the decision of the lower court on the grounds of liability, but only on “Quantum”. The Supreme Court will adjust the amount of the award only where it is significantly too high or too low.

What’s the difference between the Circuit and High Courts?

In Circuit Court cases, your case will be presented in Court by your Barrister. In High Court cases, you will be represented by a Senior Counsel as well as a Barrister (Junior Counsel). A pre-Trial Consultation takes place with your Counsel either on the day of the Trial or within a day or two beforehand. When arriving for your case, it is important that you dress in a manner that shows proper respect for the Court.

What is a Court Lodgement or Tender?

Notice of Lodgement: When a case reaches the defence stage, the Defendant (the other side) may serve a “Notice of Lodgement.” This document informs us that the Defendant has deposited a sum into the court bank account and invites you to accept that amount as full settlement of your claim. In such a case, we will advise you on whether we believe your case could be worth more than the lodged amount.

Notice of Acceptance: Regardless of our advice, you have the option to accept the amount lodged, in which case we will serve a “Notice of Acceptance” and the court office will subsequently issue a cheque for that amount to complete the matter.

Refusal of Lodgement: If you refuse the lodgement and your case does not settle but proceeds to trial, with the Judge awarding an amount equal to or less than the lodgement figure, you will have failed to beat the lodgement and will be liable for all costs of the proceedings from the date of lodgement until the conclusion of the trial. When making his decision, the Judge will not be aware of how much the Defendant has lodged. A Tender operates in the same way as a Lodgement.

What happens in settlement meetings?

1. Your solicitor will meet you at the appointed time outside Court No. 1, in the Round Hall of the Four Courts (Dublin cases only).
2. Your solicitor will then introduce you to your Barrister. Your Barrister will have been fully briefed about your case and will have with him our “Brief”, consisting of copies of relevant material to your case.
3. Your Barrister will talk to you informally about your case, and we will advise you on the “value” of your claim, i.e. the approximate sum a Judge would be likely to award to you in the event that your case goes to Court at a later date.
4. Your Solicitor and Barrister will then discuss your case with the insurance company’s Solicitor or Barrister and endeavour to obtain their best offer, which we hope to be able to recommend to you.
5. We will then come back to you to discuss any offer that has been made and to give you our advice in relation thereto. Further negotiations may then take place.

Please note that you will not be pressured into accepting or rejecting any offer. Your solicitor and barrister are skilled negotiators and experienced in valuing cases. They are there to share their experience and advise you. However, it is your case, and your decision whether to accept or refuse the Defendant’s best offer. In addition to “General Damages” for your injury, we will claim on your behalf all expenses you have incurred as a result of the accident. Please bring to the meeting any relevant bills, receipts, etc., which you have not already provided to us.

What will my Barrister do?

When will I know the outcome of my case if it goes to court?

When all the witnesses have been heard and Counsel has made any relevant points to the Court, the Judge usually makes his/her decision there and then, or s/he may adjourn for a short time for consideration, or, on occasions, postpone his/her judgement to another day. The Judge delivers a decision on liability, and if deciding in favour of the Plaintiff, will make an award of damages as compensation.

How does the Judge reach their decision on liability?

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.

Who are PIAB – the Injuries Resolution Board?

PIAB is an independent Irish state body that assesses personal injury compensation. PIAB evaluates compensation for all personal injuries sustained in road accidents, workplace incidents, and public place accidents. All personal injury claims must go through PIAB first, and this is best handled by your solicitor. PIAB does not review medical negligence cases for assessment. If PIAB is processing an assessment, it can take up to nine months from the date of application to complete it.

Why is the Injuries Resolution Board involved in my claim?

All Personal Injury Cases under Irish law, except Medical Negligence, must first be processed through The Injuries Resolution Board (formerly known as PIAB). Once you have instructed us to commence proceedings for your case, we handle all dealings with PIAB on your behalf. Our legal team will also ensure that PIAB adheres to any time limits applicable to the case and deal with all queries in relation to your PIAB Application.

5 Reasons why you need a solicitor to help with PIAB assessment application

1. No Guidance or Legal Advice: PIAB do not provide you, as a claimant, with any guidance or legal advice.
2. Identifying the Correct Respondent: When making an application to PIAB you must identify the correct respondent (person at fault). If the wrong party is identified in your application, an order for Costs against you. This means you will be responsible for the legal fees.
3. The Law Society Recommendation: The Law Society of Ireland have recommended obtaining legal advice when dealing with PIAB. – ‘Legal representation is necessary to guarantee the rights of victims of accidents against the interest of big business and the insurance industry‘.
4. Complexity of Application: Dealing with PIAB can be complex. PIAB DOES NOT assist you in completing the application form, nor will they advise you as to the correct identity of the person or persons at fault. See Problems with making your own PIAB application.
5. Running of the Time Limit: You have two years from the date of your accident within which to make an application to PIAB… *REMEMBER* that if you name the wrong party, the two-year time limit is still running against the correct respondent.

You will need a Medical Report

In order for our firm to put your claim through PIAB, we must first obtain your medical report. We obtain this report from your treating doctor, outlining all injuries sustained as a result of your accident. This report is very important, as PIAB will base its assessment of your claim solely on the contents of your medical report, along with a second report from an independent medical practitioner. We will then send a copy of this report to you, along with an application form (Form A), which must be signed by you in order for us to process your claim with the Injuries Board.

How long does it take for my case to go through the Injuries Resolution Board?

If the board is going ahead with an assessment, it has 9 months from the date of application to make an assessment. During this time period PIAB arranges for the claimant to be assessed by an independent doctor / medical expert in order to take up a medical legal report. Once the Board is in receipt of your case documentation (which we organise on your behalf) the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate) and the Medical Report, they will proceed to make an assessment.

If both parties accept the assessment, then an ‘Order to Pay’ will issue, and your cheque is usually requisitioned within 6 weeks.

 
• We (the Solicitor) will be notified in writing of the award being made by the Board.
 
• You (the claimant) are given 28 days to decide whether or not you wish to accept the award.
 
• The respondent is given 21 days within which to make the same decision.
 
• If both parties accept the assessment then an ‘Order to Pay’ will issue and your cheque is usually requisitioned within 6 weeks.

Can I make my own PIAB Application?

If you have already made an application to the Board yourself without using the services of a solicitor, we will be happy to arrange a consultation to review the paperwork and advise on whether we believe the Board has made a fair assessment of your claim.

What happens if I reject the PIAB Offer?

If one or both parties reject the Assessment, PIAB will issue an Authorisation, allowing you (the claimant) to issue Court Proceedings. Even if Court Proceedings are issued, this does not necessarily mean that the claimant/plaintiff will end up in court. If we do issue proceedings on your behalf, in the majority of cases the claim settles before going to trial.

What happens if I accept the PIAB offer?

If one or both parties reject the Assessment, PIAB will issue an Authorisation, allowing you (the claimant) to issue Court Proceedings. Even if Court Proceedings are issued, this does not necessarily mean that the claimant/plaintiff will end up in court. If we do issue proceedings on your behalf, in the majority of cases the claim settles before going to trial.

What are my legal costs?

The law requires a solicitor to provide clients with information (particulars) in writing, when the solicitor is instructed, or as soon as is practicable after that, of: The solicitor’s actual charges, or, where this is not possible or practicable An estimate of the solicitor’s charges, or, where this is not possible or practicable The basis on which the solicitor’s charges are to be made. These are also the factors which are taken into account in the assessment of a solicitor’s bill.

In addition to the professional fee and miscellaneous charges payable to the solicitor, there will be items of outlay payable to third parties, including government agencies, which must be discharged by you. By law, we (the solicitor) must provide you (our client) with information about case procedures (particulars) in writing. On the successful conclusion of legal proceedings, (as a general rule) most of your legal fees will be payable by the other side. Fees that are payable by you include: the PIAB application and ‘Solicitor client costs’, ie work carried out for which the other side is not liable to pay for.

What outlay fees will I have to pay?

In the course of handling your claim, we will incur certain outlays, including doctors’ fees for preparing medical reports, stamp duty on the proceedings, Counsel’s fees for drafting, and, in some cases, fees for Litigation Engineers for preparing reports. The outlay averages about €1,000 per case but can be much higher in larger cases. If your claim succeeds, we can usually recover most of the outlay from the other side. Our clients have the option of paying the outlay on an ongoing basis, in which case the recoverable portion will be refunded to you at the successful conclusion of your case.

7 Steps – What to do if you were involved in an accident L-A-W-L-I-N-E

1. Look – what caused your accident?
2. Act – make sure to immediately report your accident to a person in authority
3. Witnesses – make sure to take the names and addresses of anybody at the scene
4. Lawyers – contact Lawline for advice without delay
5. Injured – make sure to attend your doctor or local hospital as soon as possible
6. Never – never admit liability
7. Enquire – now for a copy of our brochure or email us for an instant call back

How much is my claim worth?

This is a question we are often asked. Once we know all the details of your accident and injuries sustained, we can provide an estimate of the amount you may be awarded.