What is Personal Injury
Personal injury” is the legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence. If you have suffered in these circumstances, you may be able to make a personal injury claim. * An injury of any kind can affect your quality of life. Being out of work as a result of this injury may also affect your monthly household income. Our specialist personal injury solicitors * in Dublin are here to make the process easier for you and your family.
These accidents can occur when we least expect it. They could happen in a public place, at work, abroad or even on the road. The most common types of accidents are:
• Road Traffic Accidents (eg pedestrian, motorist, cyclist, public transport)
• Work place accidents (eg building sites, factory, farm, manual handling, pharmaceutical, repetitive strain )
• Slip and trip accidents in a public place (eg shopping centre, restaurant, public footpath)
Most Common Accidents
What is Personal Injury
Personal injury” is the legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence. If you have suffered in these circumstances, you may be able to make a personal injury claim. * An injury of any kind can affect your quality of life. Being out of work as a result of this injury may also affect your monthly household income. Our specialist personal injury solicitors * in Dublin are here to make the process easier for you and your family.
These accidents can occur when we least expect it. They could happen in a public place, at work, abroad or even on the road. The most common types of accidents are:
• Road Traffic Accidents (eg pedestrian, motorist, cyclist, public transport)
• Work place accidents (eg building sites, factory, farm, manual handling, pharmaceutical, repetitive strain )
• Slip and trip accidents in a public place (eg shopping centre, restaurant, public footpath)
Most Common Accidents
 
WHAT IS THE PERSONAL INJURIES ASSESSMENT BOARD/INJURIES BOARD?

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.

 
WHAT IS THE PIAB PROCESS/HOW DO I MAKE A CLAIM?

At Maurice Leahy Wade we have seen many people come to us when it is too late or when they have made a mistake with making their application to PIAB.  For that reason we recommend that you use a personal injury solicitor to assist you with the application.  This ensures that you make the application against the correct person(s) or entity with the correct time limit.

 

HOW LONG DO I HAVE TO MAKE A CLAIM?
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.

In all cases once the application to the injuries board is submitted, the clock stops on the 2-year time limit while they assess the claim.
HOW LONG DO I HAVE TO MAKE A CLAIM?
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.

In all cases once the application to the injuries board is submitted, the clock stops on the 2-year time limit while they assess the claim.

 

The Injuries Board Procedure



1. Speak with a Solicitor

Make an appointment with your personal injury solicitor.  Please bring the following information with you to that appointment:

  • Details of the accident
  • Pictures of the scene of the accident to show how it happened
  • Details of the injury along with any evidence (photographs)
  • Details of any expenses incurred as a result of the accident (medical bills, etc.)
  • Witness details – were there any witnesses to the accident?
  • CCTV footage, where applicable (Your solicitor can request this for you)
  • Details/Description of the person responsible
  • Insurance details of the person responsible (for Road Traffic Accidents)
  • Details of loss of earnings – how much wages have you lost as a result of the accident?
  • Details of Medical history – did you have any medical conditions before the accident occurred?
  • Claims history details – have you made any personal injury claims in the past? Details of the party at fault for your accident. 

2. Medical Reports

We will need a medical report from the doctor/hospital that treated you after your accident. Your personal injury solicitor can request this reports from your doctor. Similarly, in cases of psychological injury, your solicitor can request reports from the psychologist that treated you.
 


3. The Injuries Board application

Once your solicitor has gathered all information necessary, they will fill out the application form (Form A) and meet with you to confirm the details are correct and then go through the medical report to ensure it accurately reflects your injuries and then submit the application to PIAB or the Injuries Board on your behalf. Once submitted, PIAB will acknowledge receipt of this and will notify the person at fault of your claim.  Once submitted, the 2-year time limit clock will stop while your claim is being assessed.
 


4. Injury Claim Assessment

To assess your claim, the Injuries Board will look at the ‘Book of Quantum’.
The Book of Quantum is a record of historical personal injury cases, specific injuries and how much they were assessed for. 

The injuries are in a range of three categories which are discussed further below.
 


5. Special Damages

Your claim will also include what is referred to as out of pocket expenses or special damages.  These expenses include:

  • Medical Expenses – costs of attending doctors, cost of medication, hospital bills, cost of x-ray, MRI, or treatments such as physiotherapy.
  • Travel Expenses – any travel costs directly related to the accident/injury, such as taxi fares, public transport to and from the hospital, or car parking
  • Loss of Earnings – a calculation will be made as to how much earnings you have lost as a result of being out of work due to the injury, as well as any future loss of earnings.

6. Consideration of Injuries Board Offer

Having reviewed your application form together with the medical reports, the Injuries Board (PIAB) will make an assessment of damages (an amount of compensation).  This will need to be considered whether to agree to accept this or not. It is important that all options are discussed with your personal injury solicitor who will be able to advise whether in their experience the assessment represents reasonable compensation taking everything into consideration.   At Maurice Leahy Wade we ensure that we leave no stone unturned in assisting you with this.  It is important that you seek advice regarding this as any offer that is accepted is in full and final settlement of the claim.   If you decide to accept the offer and the Respondent is happy to pay this, an order to pay is issued by the Injuries Board (PIAB) and you receive this compensation.

If you or the Respondent does not accept the suggested settlement amount, an authorisation is issued by the injuries board (PIAB) allowing you to take your case to court.

The Claimant has 28 days to accept the assessment made by the Injuries Board (PIAB) and the Respondent has 21 days to accept or reject the assessment.

The court process is discussed further below. 

 

THE COURT PROCEDURE
Once an authorisation issues from the injuries board (PIAB) we as your personal injury solicitor will instruct a barrister who specialises in personal injury to draft proceedings.

Maurice Leahy Wade & Company are well aware that the prospect of going to court is a daunting one. We pride ourselves in minding our clients every step of the way throughout the legal journey. There are approximately ten steps from beginning the legal proceedings to getting the case into court. We will guide you and advise you on every one of those steps. If and when it is prudent to do so we will endeavour to set up a settlement meeting to try and settle your case. This is a meeting where you will instruct your solicitor and barrister regarding the acceptable terms to settle your case. Again, we will advise you about this.

It goes without saying that the barristers we instruct to look after our client’s case are ones that shares our ethos in being straight talking and client centred. We respect that our role is to guide and to advise our clients but ultimately the decision rests with our client. If our client is happy to settle at one of these settlement meetings then the case is settled on a full and final basis.

If the settlement talks do not result in a satisfactory settlement then we will progress your case to court and again mind you at every step of the way. At all times there is full visibility in respect of legal costs as again we are aware that this is something which may concern clients. In our experience most cases settle outside of court and for that reason we try to manage the anxiety of our clients regarding going into court as understandably that is what most clients’ want to avoid.
THE COURT PROCEDURE
Once an authorisation issues from the injuries board (PIAB) we as your personal injury solicitor will instruct a barrister who specialises in personal injury to draft proceedings.

Maurice Leahy Wade & Company are well aware that the prospect of going to court is a daunting one. We pride ourselves in minding our clients every step of the way throughout the legal journey. There are approximately ten steps from beginning the legal proceedings to getting the case into court. We will guide you and advise you on every one of those steps. If and when it is prudent to do so we will endeavour to set up a settlement meeting to try and settle your case. This is a meeting where you will instruct your solicitor and barrister regarding the acceptable terms to settle your case. Again, we will advise you about this.

It goes without saying that the barristers we instruct to look after our client’s case are ones that shares our ethos in being straight talking and client centred. We respect that our role is to guide and to advise our clients but ultimately the decision rests with our client. If our client is happy to settle at one of these settlement meetings then the case is settled on a full and final basis.

If the settlement talks do not result in a satisfactory settlement then we will progress your case to court and again mind you at every step of the way. At all times there is full visibility in respect of legal costs as again we are aware that this is something which may concern clients. In our experience most cases settle outside of court and for that reason we try to manage the anxiety of our clients regarding going into court as understandably that is what most clients’ want to avoid.

 

HOW IS MY PERSONAL INJURY CLAIM ASSESSED?

The following may be taken into account when assessing how to adequately settle your case.

  • Impact the injury has on your quality of life
  • Earnings you have lost, if you are absent from work
  • Future earnings lost as a result of the injury
  • Medical cost for treatment of the injury
  • Future medical costs if long-term treatment is needed
  • Out of pocket expenses, like travel costs
  • Psychological injuries

From the legal perspective it is easier for us to advise our client regarding a settlement proposal when our client has fully recovered and is back doing whatever they did before the accident.  However, we are aware that this is not the case for many clients with long lasting pain and permanent injuries as a result of an accident.  The categories of damages (compensation) are explained below:

General Damages are classed as non-monetary losses, like physical pain and suffering or mental/physiological pain and suffering.  These may also go into the future where the person has not recovered or has a permanent injury.

Special Damages refer to monetary losses/expenses incurred by the injured party as a result of the accident. For example, loss of earnings, loss of future earnings, household expenses, medical care and future medical care.

Loss of Amenity refers to the effect on a person’s enjoyment or quality of life or to a person’s failure to carry out a task that they were once able to do. It illustrates the non-financial impact that a personal injury * has on a person’s work, family and social life. Loss of amenity takes into consideration all resulting restrictions that the injury has forced on a person through no fault of their own.

No two accidents are the same and likewise no two injuries are the same.  How an injury impacts one person may have a very different impact on another person.  That is why it is important to retain personal injury specialists who are experienced at valuing claims and ensure that you get the proper compensation.


Contact Us

Maurice Leahy Wade & Company draw on over 30 years of experience as personal injury solicitors * in Dublin and have the expertise and knowledge to help you navigate the legalities of making a claim without any of the legal jargon attached to it. Our promise is to make law accessible to all. For more information call 01 840 6505 or email lexleahy@leahywade.ie and tell us about your case.


Most Common Accidents
Here we have provided examples of the most common accident claims and information on each.
FAQs
Some common queries related to personal injury claims.
Most Common Accidents
Here we have provided examples of the most common accident claims and information on each.
FAQs
Some common queries related to personal injury claims.

TELL US ABOUT YOUR CASE

Tell our Personal Injury team about your case today. At Maurice Leahy Wade Solicitors we strive to make law accessible to all.

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 form below and we can call you back.  With 30 years’ experience as specialist medical negligence solicitors *, Maurice Leahy Wade 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.



To discuss your case, contact Hilary O’Connor who specialise in accident and personal injury claims today.

Contact us about Personal Injury
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