Personal injury” is the legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence. A personal injury claim is where you make an application to the personal injuries assessment board for compensation for the injury arising out of this negligence.
The Personal Injuries Assessment Board (PIAB) or the Injures Board is a statutory body set up by the Government to assess personal injury claims in Ireland. Since 2004 all personal injury claims (apart from medical negligence claims discussed below) must go through the personal injuries assessment board process.
The legal time limit for a personal injury claim * is usually 2 years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date, ie the date of knowledge.
For children or persons under a disability who have suffered an injury, the limit is different.
A minor cannot bring a claim by themselves as they do not have legal capacity to do so. Therefore, the child’s parent or guardian has a duty to make this claim on their behalf. This is the preferable position and should be done as soon as possible after the injury so it is easier to gather the important information necessary to bring this claim. The child may in fact be prejudiced by not bringing the claim earlier as the defendant or respondent may plead delay or the passage of time has impacted on their ability to put in a proper defence. Therefore, best practice is to make the application on behalf of the minor as soon as possible. If a parent or guardian does not bring the claim the minor child has 2 years less one day after their 18th birthday to bring this claim.
How long will my claim take?
The injuries board are obliged to asses the claim within 9 months of the claim being submitted but this can be extended for another three months.
How do I start my claim?
Start by making an appointment with your personal injury solicitor who will take you through what is needed to be done
How much compensation can I expect from my injury?
This depends on a number of factors including the severity of the injury and the impact this has had on your life and the medical prognosis. The book of quantum can be referred to as a guide.
If you have any questions about an injury you suffered due to an accident at work * please do feel free to contact us for a confidential chat with one of our personal injury solicitors *.
You can reach us by phone on 01 840 6505 or email lexleahy@leahywade.ie . If you rather we call you, please do feel free to tell us about your case by leaving your details along with a message outlining your query on the associated form and we can call you back.
With 30 years’ experience as specialist personal injury solicitors *, Maurice Leahy Wade & Company Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.
