A personal injury is, in legal terms, an injury that has been caused by the actions or negligence of another person.
If another person has a duty of care to prevent an injury occurring in any setting, be that in a premises, out and about in a public place, or in the workplace, and they are in breach of their obligations causing you to be injured, then you may be entitled to compensation for your injuries.
Hughes & Associates Solicitors, based in Dublin, can provide you with the best legal advice and guidance. We are experienced personal injuries solicitors and can help you with your personal injury claim.
Where do personal injury claims arise?
A personal injury claim can arise as a result of an accident or injury in a number of situations including:
What are the Personal Injury Guidelines?
The Personal Injury guidelines were adopted by the Judicial Council of Ireland in 2021 and are used to determine the level of compensation that may be awarded.
These guidelines take the extent and severity of the injury into account as well as the limitations that it has imposed on you, its impact on your life expectancy, and the level of care (if any) you may require, and your prognosis.
The impact of the injury, illness, or impairment has had on your ability to work, and its wider impact on your social, familial, and other relationships would also be considered in any award for compensation. Psychological effects of the injury or illness, for example depression, would also come into play.
Any Damages you are awarded will be on the basis of your physical impairment, or pain and suffering and also for any expenses you incur such as medical bills, loss of earnings, etc.
How do I make a personal injury claim?
Your first step is to speak to a personal injury solicitor. They will assess your case and assist you to prepare an application for the Personal Injuries Resolution Board (formerly PIAB).
The PIAB deals with cases relating to road traffic accidents, workplace accidents, and accidents in a public place. The PIAB does not deal with cases of medical negligence, wholly psychological injuries, assault, or pre existing injuries, these would be dealt with by the Court.
Your solicitor may gather documents, evidence and a medical report regarding your injury as part of the resolution board application (PIAB). Included will be any receipts for expenses you have incurred such as medical bills etc.
The PIAB will assess your claim, this usually takes an average of 9 months.
If your claim is successful, the PIAB will suggest a settlement amount, issue an Order to pay, and you will have 28 days to make your decision whether to accept this settlement or move to court proceedings. You will be advised at every stage by your personal injury solicitor.
If you are unhappy with the settlement, or the defendant does not accept the assessment, you can proceed to Court. Your personal injury solicitor will advise you how to proceed.
How long do you have to make a personal injury claim
In general, you have 2 years from the date of the accident or the ‘date of knowledge’ of your injuries to make a personal injury claim.
The ‘date of knowledge’ allows you some time if your injuries were not immediately apparent on the day of the accident such as soft tissue injuries which may not develop immediately.
If the claim concerns a child’s accident or injury, then the child’s parent or guardian may make a personal injury claim on their behalf. Or when the child reaches the age of 18, they have a two year deadline to make a personal injury claim on their own behalf.
Contact us today
If you have been injured or had an accident where someone else was negligent, Hughes & Associates Solicitors, based in Dublin City, can help. We have expert legal knowledge and experience in dealing with personal injury cases.
It may be daunting, but Hughes & Associates can advise you and navigate the process with you, our award winning specialist legal team will assess your case with you initially and provide guidance and advice at each stage of the process.
Complete our Claims Assessment and out claims team will review your case within 24 hours, or contact us and we can take it from there.