A person is entitled to make a personal injury claim regardless of whether they have actually suffered a physical injury or not, this is what we call a psychological injury claim. These types of personal injuries can be life-altering.
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To prove a psychological injury you must be able to show that you suffered a quantifiable psychological injury as a result of someone else’s negligence or failure while in their duty of care.
There are many types of psychological injuries and the severity of each will depend on each individual person. The most common psychological injury claim pay-outs relate to post-traumatic stress disorder (PTSD) for situations such as car accidents, accidents at work or public liability (trip and fall claims), for example.
As well as this, psychological injury claims can also centre around:
It is important to gather as much evidence as possible as they are difficult claims to prove. These types of injuries are sometimes not immediately obvious and become evident shortly after the traumatic experience. It is for this reason, among others, that before considering making a mental injury claim that you have sought medical treatment and have been diagnosed with a medically recognised psychological illness/injury.
The effects of PTSD or other psychological illnesses will vary meaning that each case will be entirely unique. It is important to remember that a person has two years less one day after the date of knowledge in which they can make a claim for compensation; therefore it is strongly advised that you speak with an experienced psychological injury claims solicitor.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years minus one day from the date of the accident or date of knowledge of the accident to make a claim for compensation.
The time limits to make a personal injury claim for an accident involving a child (under the age of 18), are slightly different to those for adults.
A minor cannot bring a personal injury claim forward themselves. However, a parent or guardian can do so on their behalf at any time before the child’s 18th birthday.
Whilst technically the statutory period of two years minus a day does not apply to children until they reach the age of 18, it is advisable to pursue any claim before the child’s 18th birthday arrives, and ideally within the normal two year minus a day time period. This will avoid the case being compromised by any delays.
We recommend contacting a solicitor as soon as possible following an accident for guidance on the individual circumstances of the case.
Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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