Car Accidents : Time limits for personal injury actions
Under the Civil Liability & Courts Act 2004 a personal injuries claim, i.e., where you have suffered injuries as a result of an accident or incident, must be commenced within two years from the date of injury.
It is important to note that you cannot pursue a personal injuries action through the Irish Courts without first submitting your claim to the Injuries Board process.
It appears that a number of injured persons have failed to act within the 2 year period and as a result have had their cases ‘statute barred’ or ‘disqualified’ by delay.
The ‘new 2 years’ period has received little publicity and as a result has leaves visitors to this country particularily vulnerable to loosing their right to compensation in car and other accidents, where they believe that a 3 year period applies as in many countries such as the UK!
Added to the complexity of uninsured drivers and tracing ownership and insurance details , the area can be a ‘minefield’ for unsuspecting victims many of whom do not act until they discover that their injuries are not resolving.
Instructing a solicitor who can advise on these issues and protect the victims rights is strongly advised, particularily in the case of uninsured drivers where the requirements of the Motor Insurance Bureau are more exacting!
Paul Tracey
20/08/2009
Pesonal Injuries : Higher Number of High Court cases issued in 2008
The Courts services report shows an increase in the number of High Court caes commenced for personal injuries in 2008.
A total of 6,466 such cases were issued and increase of nearly 10% on the 2007 figure of 5951 such cases.
The data gives an indication that in the ‘post celtic tiger ‘ era people may be paying more attention to pursuing their rights than in previous years.
These cases would include, car accidents, work accidents, pedestrian accidents, bicycle accidents and accidents in public places
Of course the vast majority of these cases settle prior to court hearing with many never seeing the inside of a court.
The data seems to contract recent suggestions from the injuries board that ‘claims’ may be on the decrease.
It is also important to note that with a reduced period within which to initiate cout proceedings and the streamlining of timelines due to the Injuries Board process it may also suggest that more cases are being heard in less time than in previous years.
The volume of cases processes by the High Court on a daily basis is a credit to the Judiciary & Court staff who continue to work to provide a most effective service.
Paul Tracey
12/08/2009
Personal Injuries
Injuries Board report shows average public liability award to injured persons was €22,865
The Injuries Board has reported that during the two year period from January 2007 to December 2008 it made 2,859 awards in public liability claims cases. The Board awarded compensation totalling €65,400,000. The average award was €22,885. This compares with an average award of €20,792 to PL claimants in 2007.
In a report issued recently- A Review of Public Liability Awards 2007 & 2008 – the Injuries Board gave details of:
- awards
- location of accidents
- causes of accidents
- type of injury suffered.
The average award was €22,865.
Most awards were for less than €38,000, the upper limit of awards the Circuit Court can make.
While only 0.5% of awards were for over €100,000, that in fact means that 14 awards of €100,000 or more were made by the Board.
Over 350 awards (12.5%) of between €38,000 and €100,000 were made.
Thirty-two percent of awards (914) of between €20,000 and €38,000 were made. Fifty-five percent (1,572) of all awards were for less that €20,000.
Over a quarter of all awards (27%) were made against local authorities in relation to accidents in public places under the control of local authorities.
Nearly a quarter of all awards (24%) were made in respect of accidents in retail and shopping outlets. The other locations of accidents were:
- hotels, pubs, clubs, restaurants (19%)
- leisure facilities (13%)
- transport/utilities (6%)
- education and health establishments (4%)
The remaining 6% of accidents occurred in a variety of locations, including construction sites and car parks.
A remarkable 67% of the accidents were caused by slips, trips and falls.
The other causes of accidents were flying/falling objects (11%),
-injury caused by machinery (5%), cuts (3%),
-burns/scalds, assaults and animals (each 2%),
-one percent each for poisoning and reaction.
-the remaining 6% were attributed to other causes.
The review shows that many accident victims sustain at least two types of injury. The most common injuries suffered are sprains (40%), bruising (32%), fractures (29%), lacerations/cuts (25%) and injuries classified as superficial (10%).
Four percent of awards were for psychological disorders, with crush, intracranial, dislocation and burns each accounting for 2% of injuries.
Seven percent of injuries are classified in the other category.
Given that many of those injured suffer from one or more of the types of injuries listed, the total adds up to 155%.
The review reports that 70% of awards were made to women and while people of all ages suffer accidents, half of all awards went to people aged over 45.
The report provides a valuable insight for workplace owners, drivers and local authorities as to where there focus should be in an effort to prevent such accidents.
Paul Tracey solicitors has specialised in the provision of assistance to injured parties for over 20 years,it’s principal welcomed the publication of the report of the injuries board data which was hitherto unavailable from the court services
Paul Tracey
7th August 2009
