Injury Claims

We Handle All Types of Accident Injury Claims

We handle all types of Accident Injury Claims including the following*:

  • Medical Negligence or Misadventure
  • Road Traffic Accident
  • Pedestrian
  • Cyclist
  • Accident at Work
  • Farm Accident

Over the years we have achieved excellent results and top awards.

We will advise you of your rights throughout and process your claim quickly and professionally.

 

What to do if you have been in an accident?

The first thing to worry about is the health and safety of everyone injured in the accident. If anyone is seriously injured then an ambulance will be called. If its a serious accident the Gardai will want to interview the key players and they may follow the ambulance to the hospital to follow up on their enquiries. If the accident is not very serious the Gardai may not attend in which case you must exchange insurance details with the other parties. Of course, a photograph of the scene of the accident and damage to the vehicles will be very useful in the future.

You need to contact us as soon as the immediate shock has passed. Before you contact us you should write down or record all you can remember about the accident. Witness details and a sketch of the road if its motor accident is very important.

 

Time limits

  • All injury compensation claims (except medical misadventure) must first be submitted to the Injuries Board.
  • There is a very strict 2-year time-limit within which you must commence your claim with the Injuries Board

 

Meeting your solicitor

This is your meeting with us to discuss the accident and your claim for compensation. At your consultation, we will advise you on all aspects of processing your claim. We will work for you as follows:

  • Establish that you have a claim
  • Obtain your Medical Injury Report (Form B)
  • File an application to the Injuries Board (Form A)
  • Accept/reject the decision of the Injuries Board

If your case is concluded at the Injuries Board, your claim is concluded.  However, if it does not resolve at this stage we will expertly advise and assist you in going to court for a full hearing or settlement at the doors of Court.

  • Issue and serve a Personal Injuries  Summons
  • Complete the Replies to Particulars (questionnaire)
  • Serve Notice of Trial
  • Prepare you for your court case and organise your witnesses
  • Settle on the steps of Court or run the case before the Trial judge.

This is a short summary. We have detailed sections on this website on each aspect of claims.

 

Start Your Claim

All claims for compensation arising from an accident (except medical misadventure) must first be filed with the Injuries Board. The Injuries Board is a State established assessment board. The Injuries Board is an independent body whose sole function is to process every personal claim (except medical negligence)  in Ireland and either assess the value or refuse to assess and issue an Authorisation to sue.

The Injuries Board is straightforward – file a simple application form (Form A) along with a medical report detailing your injuries (Form B). The Injuries Board requests the other side to consent to the Injuries Board assessing value. If the injuries are complex or the Medical Report is vague the Injuries Board may request the claimant to undergo a medical examination at an independent medical examination.

Having completed these steps the Injuries Board issues an Assessment of the value of your injuries based on values set out in their Booklet of Quantum 2016.

You need expert legal advice in considering the Injuries Board Assessment- is the value fair to you based on what a court would award. Most Assessments are rejected by claimants- however, if you wrongly reject and go to Court there may be costs consequences if the Court does not award greater than the Assessment.

However, you are one part of the Claim- the other side have a say too. If they believe the Assessment is too high they may reject. So if both accept the claim that is the end of the claim process. The Injuries Board Assessment is legally binding. If either side rejects the Assessment you are issued with an Authorisation which allows you to bring a claim to Court- you cannot issue proceedings for injuries compensation (except for medical misadventure) without an Injuries Board Authorisation.

 

Injuries Board

All claims for compensation arising from an accident (except medical misadventure) must first be filed with the Injuries Board. The Injuries Board is a State established assessment board. The Injuries Board is an independent body whose sole function is to process every personal claim in Ireland and either assess the value or refuse to assess and issue an Authorisation to sue.

The Injuries Board is straightforward – file a simple application form (Form A) along with a medical report detailing your injuries (Form B). The Injuries Board requests the other side to consent to the Injuries Board assessing value. If the injuries are complex or the Medical Report is vague the Injuries Board may request the claimant to undergo a medical examination at an independent medical examination.

Having completed these steps the Injuries Board issues an Assessment of the value of your injuries based on values set out in their Booklet of Quantum 2016.

You need expert legal advice in considering the Injuries Board Assessment- is the value fair to you based on what a court would award. Most Assessments are rejected by claimants- however, if you wrongly reject and go to Court there may be costs consequences if the Court does not award greater than the Assessment.

However, you are one part of the Claim- the other side have a say too. If they believe the Assessment is too high they may reject. So if both accept the claim that is the end of the claim process. The Injuries Board Assessment is legally binding. If either side rejects the Assessment you are issued with an Authorisation which allows you to bring a claim to Court- you cannot issue proceedings for injuries compensation (except for medical misadventure) without an Injuries Board Authorisation.

 

Personal Injuries Summons

This is the next stage to your claim if either you or the other side reject the Injuries Board Assessment or if the Claim is released by the Injuries Board due to the other side declining assessment or the Injuries Board deeming the injuries too complex for assessment.

A Personal Injuries Summons is the paperwork which commences a claim arising from an accident. It is written by your Counsel and is based on your instructions, the circumstances of the accident, your injuries as detailed in your medical reports.

The Personal Injury Summons is stamped and issued by the appropriate court (High Circuit or District) in the area the accident happened or where the other side lived or are based (jurisdiction). It is served on the other side. They reply with a formal pleading- Notice for Particulars. This is a specific questionnaire to your claim and presses you to supply full details of all aspects and the value of your losses.

When you answer the Notice for Particulars with your Reply the other side then must decide to accept liability for the Accident and contest the extent of your injuries only- called an Assessment. If the other side is accepting liability they will usually request a settlement meeting.

Alternatively, they may contest liability and force you to prove everything-full fight. Either way, the position of the other side is set out in their Defence (assessment or deny liability).

If the case is not settled at this point you serve a Notice of Trial along with further details of any changes to your injury recovery. The case is assigned a trial date.

Email us with any queries or to arrange a callback/consultation.

In personal injury compensation cases, we do not charge you a % fee of your compensation.