leahywade.ie - Personal Injury

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.

WHAT IS THE PERSONAL INJURIES ASSESSMENT BOARD/INJURIES BOARD?

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

The Injuries Board Procedure

1. Speak with a Solicitor

2. Medical Reports

3. The Injuries Board application

4. Injury Claim Assessment

5. Special Damages

6. Consideration of Injuries Board Offer