+ What is a Personal Injury?

Personal injury means an injury or illness that has been caused (or exacerbated) by someone else’s negligence. If you have suffered in these circumstances, you may be entitled to make a personal injury claim.

We represent clients in relation to many different types of personal injury claims including the following:

• Road Traffic Accidents and Car Accidents
• Motorcycle Accidents
• Pedestrian claims
• Cycling Accident claims
• Whiplash claims
• Incidents at Work / Workplace Accidents
• Life-changing injuries to the Brain or Spine
• Slip, Trip and Fall accidents
• Local Authority claims
• Assaults and Public Liability claims
• Product Liability cases
• Work Place Accident claims
• Garda Compensation Claims
• Prison Officer claims
• Psychiatric Worker claims
• Claims by Teachers and Education Law
• Industrial Accident claims and Deafness claims
• Abuse claims
• Serious Injury claims and catastrophic injury claims
• Accidents on Holiday
• Personal Injuries Assessment Board (PIAB) claims
• Asbestos claims for compensation
• Industrial disease cases
• Post-traumatic stress
• Sexual abuse claims
• Farming accident claims

+ How can I make a personal injury claim?

In Ireland, personal injury claims must start with the Personal Injuries Assessment Board (PIAB). We can help you with your application to PIAB, including gathering the required documents and medical reports.

Having reviewed your claim, PIAB will usually revert back to you with a suggested compensation amount. If accepted, this would then be paid to you by the party at fault. As such, you will need to consider whether or not to accept the compensation amount offered by PIAB. We can help you to consider and evaluate any PIAB offer you receive and we can advise you on the best route forward. Ultimately however, it will be your decision whether to accept this first offer or not.

Using our Solicitors for your PIAB application can ensure that the process runs as smoothly as possible.

In the event that PIAB is unable to assess your injury (or in the event that you do not accept PIAB’s assessment) then you are free to pursue your personal injury action through the Courts and we can also help you with this process.

+ What time limits apply to my Personal Injury claim?

It is important to note that strict time limits apply in relation to your entitlement to make a claim. These time limits are referred to as the Statute of Limitations. They are set out in the Statute of Limitations Act 1957. The legal time limit for a personal injury claim is usually two years (less one day) after the date you became aware of your injury.

Usually, the ‘date of knowledge’ of your injury will be the same date as the date of your accident. For example, if you are knocked off your bicycle by a speeding car and break your leg, you are probably immediately aware that you have suffered a significant injury as a result of the negligence of the driver. Sometimes however, a person may not realise their injury until after the accident and in such cases, the two year period starts running from that later date.

If you wish to discuss your case, please contact us promptly and we will help you to determine how long you have left to make a claim. It is always advisable to contact a Solicitor immediately after your accident or injury to discuss the next steps in making a claim.

+ What time limits apply to children making claims?

In relation to children, separate time limits apply. This is because the law recognises that a child may be unable to bring a claim forward themselves. As such, the two-year time limit only starts running on the child’s 18th birthday. I.e. once the child turns 18, they have two years (less one day) within which to make their claim.

Alternatively, the child’s parent or guardian can make a claim on behalf of the child before they turn 18. Such parent or guardian is known as the child’s ‘next friend’. Where a child has a personal injury claim, it is generally better for their parent to make a claim immediately after the accident. This is because the earlier the claim is made, the easier it is to source reliable evidence to strengthen the child’s case. It is always advisable to contact a Solicitor immediately after your child’s accident to discuss the next steps in making a claim.

+ Why does Irish Law impose these time limits?

Irish law has determined that for defendants, it would not be fair if they had to live with the threat of a potential legal action for a long period of time. There is a fear that if a claim was made after say, 10 years, the defendant would not be able to defend itself, as relevant evidence may no longer be available etc. In addition, the legal time limits also work in favour of the plaintiff, as they encourage an injured party to bring an action quickly when the strongest evidence should be available to support their claim.

In addition to the time limits set out in the Statue of Limitations, it is important to note that a person bringing a claim should also be careful to avoid any undue delay in bringing their claim. It is always advisable to contact a Solicitor immediately after your accident to discuss the next steps in making a claim.

+ Will I have to go to Court?

If your case moves past the PIAB stage to legal proceedings, it is unlikely in practice that you will ever have to set foot inside a courtroom. The reality is that the majority of personal injury cases tend to settle before the case is heard in Court. This is known as a ‘settlement outside of court’.

Before a hearing in the Court ever happens, ‘settlement meetings’ may be arranged. This means that you would attend a formal meeting with your legal team – your Solicitor and Barrister. While you are present, your legal team will then begin communication with the legal team of the Defendant (who will themselves be meeting nearby). You will be kept informed of the progress of these discussions at all times.

If the settlement talks progress well, the Defendant may make an offer of compensation to you. Your legal team would then advise you on the merits of this offer and whether we would recommend you accept it. If you decide to accept this offer, this means that mutual agreement has been reached between the parties and your case will not need to proceed any further. In other words, you have come to a ‘settlement outside of court’.

However, if settlement talks do not result in an acceptable settlement being reached, then your case will move to a Court hearing where a Judge will make the final decision on your case.

+ How much is my personal injury claim worth?

The value of your personal injury claim will depend on several factors. Compensation is referred to an ‘damages’ and these can be divided as follows:

• General Damages – such as damages for pain and suffering and/or physical and emotional injuries following your accident.
• Special Damages – out of pocket expenses incurred as a result of the accident. This includes, loss of earnings (if you were out of work), medical bills, and travel costs as a result of the accident, for example, travel to and from the hospital or medical appointments.
• Material Damages – damage caused to your personal property (e.g. your car or bicycle).

Attempting to value your claim can be difficult. Therefore, please contact us to better understand your legal position.

+ What Legal Fees will I have to pay?

Solicitors’ fees are based on a number of factors, including the complexity and urgency of your case and the amount of time spent on your case.

We understand that you will be concerned to know how much it will cost you to pursue a legal action. Our experienced Solicitors will explain to you at the outset how legal fees will be charged in your case – using clear and easy to understand language.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of S.I. No. 229 of 2019.

+ What is no win no fee?

A ‘no win no fee’ arrangement means that if your legal action is not successful, then most legal fees are not charged to you. The Law Society of Ireland regulates how law firms can advertise their services and one of these regulations is that law firms cannot advertise ‘no win no fee’ services. Any Solicitor found to be advertising these services will be found to be in breach of the regulations.

Our experienced Solicitors will explain to you at the outset how legal fees will be charged in your case – using clear and easy to understand language.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of S.I. No. 229 of 2019.

+ What is a Fatal Injury Claim?

Fatal Injury Claims are also referred to as “Wrongful Death Claims”. They arise where a person has died as a result of the wrongful acts of another person. It is the ‘dependants’ of a deceased person (rather than the deceased person themselves) that bring a fatal accident claim against the wrongdoer.

Examples of Fatal Injury Claims include:

• Medical Negligence resulting in death
• Accidents at work
• Road traffic accidents

+ How many years do I have to bring a Wrongful Death Claim?

The Statutory Dependant of the deceased person has a period of 2 years from the date of death to bring a fatal accident claim.

To pursue a claim, you must have suffered financially and emotionally due to the fatality and you must be a Statutory Dependant of the deceased person.

+ Who is a Statutory Dependant?

The relevant legislation provides that a Statutory Dependent of the deceased includes:

• Partner or former partner
• Parent
• Child
• Grandparent
• Grandchild
• Brother or Sister
• Adopted child
• Half-sibling

The deceased person may have a large number of Statutory Dependents. However, only one legal action can be brought on behalf of all the deceased’s dependants in relation to the death.

If you are unsure if you qualify as a Statutory Dependent, please contact us to discuss your case. Our Solicitors will carefully listen to the details of your case and confirm if you may be included in a claim for fatal injury.

+ What is a Coroner’s Inquest?

Where a death occurs in unknown or uncertain circumstances, the Coroner is responsible for carrying out an investigation into the underlying reason. Specifically, the Coroner will hold an Inquest to investigate the death of the deceased person.

The purpose of the inquest is to establish the facts surrounding the death and to place those facts on the public record. The Coroner cannot attribute criminal or civil liability to any party, or indeed exonerate any party.

The Coroner will make findings on the identification of the deceased, the date and place of death, and the cause of death. The range of verdicts open to a coroner or jury include accidental death, misadventure, suicide, open verdict, natural causes, and unlawful killing.

Damien Tansey Solicitors LLP has represented countless bereaved families at Coroner’s Inquests following the death of a loved one. Whilst no allegations concerning liability can be made, nonetheless crucial information can be obtained in relation to the circumstances of the death of the deceased person.

If you need advice in relation to the death of your loved one or a Coroner’s Inquest, please contact one of our Solicitors who would be happy to discuss further with you.