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HOW LONG DOES A PERSONAL INJURY CLAIM *  TAKE?

HOW LONG DOES A PERSONAL INJURY CLAIM *  TAKE?

Personal Injury Claim: A Timeframe

Personal injury claims * can be quite complex at times, depending on the type of accident and the types of injuries sustained. This is why this is a difficult question to answer as there are many factors that come into play in the personal injury claims * process. To understand the timeframes involved in making a claim we must look at each aspect of the claims process.

Claim Timeframes

1. Legal time limits – Statute of limitations (2 years less one day)

There are timeframes in places that tell us how long a person has to make a personal injury claim * following an accident. These time limits are explained in the statute of limitations.

Generally, a person has two years less one day from the date of knowledge of their injury to bring a claim forward.

What is the date of knowledge?

The date of knowledge refers to the date on which the injured person gained knowledge of the following facts:

  • That they had been injured
  • That the injury was significant
  • The injury was caused by negligence, nuisance or breach of duty by the party at fault for the accident
  • They know the identity of the party at fault

In many cases, the date of knowledge will be the day of the accident if the injuries are immediately noticeable. However, in some cases, an injury or illness may not manifest for some time after the accident. In these cases, the date of knowledge is the date they found out they were injured.

Note: Medical negligence * claims are not reviewed by the Injuries Board, therefore the only way to stop the clock on the time limit is to issue legal proceedings. Therefore, it is important to engage a solicitor as soon as possible after the date of knowledge in medical negligence cases *.

2. Gathering details of the accident (Timeframe Unknown)

If you are unsure of how to start, a personal injury solicitor * is best placed to advise you. Your solicitor can assist you in gathering all the information needed in one place. The time frame on this part of the process may vary depending on how proactive you are and how quickly other parties involved (doctors for medical reports, parties at fault with CCTV footage, for example) come forth with information. Once this information is gathered your solicitor will prepare your Injuries Board application, which is the first step in the claims process. Useful information that your solicitor will require include:

  • Details of how the accident happened
  • Details of the injuries sustained and photos of the injuries where possible
  • Details of any pre-existing conditions or previous injuries
  • List of expenses incurred because of the accident, medical bills, for example
  • Details of the person(s) at fault for the accident
  • Medical reports – this can take some time to receive and depending on the claim and complexity of your injuries, the other side may request their own medical experts assess your injuries for further proof of your injuries – this may add some time to your claim.

3. Injuries Board Assessment (7-9 months)

The Form A is the name of the application that is submitted to the Injuries Board –  almost all personal injury claims *, with a few exceptions, must start at this point and have their claim assessed by the Injuries Board first.

The Injuries Board are obliged, under it’s 2003 Act, to assess claims within 9 months of the other sides consent to the assessment process. According to the most recent PIAB Annual Report 2017, the Injuries Board processing time was, on average, 7.3 months.

NOTE: once the Injuries Board Application is submitted the clock stops on the statute of limitations mentioned above.

4. Accept or Reject Injuries Board Assessment (28 days)

Once the Injuries Board return with an assessment of your claim, you then have a choice to make. This choice may affect the amount of time it will take for your claim to settle.

Note: You have 28 days to make your decision.

There are 2 possible outcomes at this stage:

  • Outcome 1 – If both you and the party at fault agree to the Injuries Board assessment of your claim and a suggested value of your claim then your claim will be settled there and then in order to pay will be issued for the party at fault to pay monies to you.
  • Outcome 2 – If either you or the party at fault do not agree to the Injuries Board assessment then you move the next stage and issue legal proceedings. This will add additional time and your case will take longer to settle.

5. Legal Proceedings (Timeframe Unknown)

If you move as far as legal proceedings, one thing you must realise is the most claims will settle outside of court before ever going in front of a Judge. This generally happens by way of a settlement meeting or multiple settlement meetings.

Your solicitor will be with you every step of the way you ensure that your best interests are met at all stages. If at this point both sides agree, then your case will be settled and the party at fault will issue payment to you.

However, if you do not reach an agreement at the settlement meeting stage, then your case will move to a hearing for a Judge to decide on your claim.

If this happens, it can be difficult to say how long this will take as it will depend on a couple of factors such as time of year and how busy the courts are.

TELL US ABOUT YOUR CASE

While it is very difficult to tell you exactly how long it will take to settle your claim, we will ensure to keep you informed at every stage of the process and make you aware of any developments as they happen. While some cases may settle relatively quickly, the complexity of your accident and injuries will have an effect on how long you claim will take.

Tracey Solicitors draw on over 30 years of experience in personal injury claims to ensure that we make law accessible to all, without the legal jargon that comes with it.

To discuss your case in more detail you can call our team on 01 6499900 or email ask@traceysolicitors.ie to tell us about your case.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

TELL US ABOUR YOUR CASE

Personal Injury Claims * – Useful Information

 

What is a personal injury claim *?

In scenarios where a person is involved in an accident * that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue a personal injury claim *.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a personal injury solicitor * as soon as possible after the accident to discuss your case.

How do I start a personal injury claim *?

The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process.  Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) do this on your behalf.

My claim has been submitted to the Injuries Board, what happens next?

Once the Injuries Board have received your application they have a period of 9 months in which to assess your claim. Once assessed, the Injuries Board will revert back to you and the person at fault with a suggested compensation amount to be paid to you. At this stage, one of two scenarios will come to pass:

  1. If both parties agree on the settlement amount, the Injuries Board will issue an order to Pay and the compensation amount will be paid to you.
  2. If either party disagree on the compensation amount then your case moves to the next stage – you have 6 months to issue court proceedings.
How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.

“I would like to thank you for your nice and professional cooperation. I am very happy and grateful for all your efforts to win my case. I was updated regularly about progress in my case.”

B.R., Personal Injury *

Client Story – David **, Personal Injury *

Incident: David was the driver of a car while stationary in traffic. Suddenly the car in which he was travelling sustained a rear end impact from a van and a subsequent secondary impact with the car in front as he was shunted forward. David was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately after the accident, David complained of neck, lower back and jaw discomfort. When he attended a doctor the diagnosis of a soft tissue injury was made. He was given exercises for his whiplash. Approximately two days following the accident David noticed he started grinding his teeth continuously at night and it sometimes wakes him up from his sleep. He had to get a bite splint to wear at night time. Giving the type of impact and other injuries sustained it was not unusual for this injury to occur alongside the others. He gets some pain and the occasional locking of the left-hand side of his jaw. His clinical situation was not expected to improve in the future.

Case Progression: The Personal Injury Board decided it would not be appropriate for them to make an assessment in the case. Proceedings were issued on the 28/01/15

Settlement: The Case was settled on the 30/07/2015. The other driver had a duty of care to David as he was behind him and should have been paying attention to the car in front.

** Client’s name has been changed for the purpose of this case study.

Client Story – David **, Personal Injury *

Incident: David was the driver of a car while stationary in traffic. Suddenly the car in which he was travelling sustained a rear end impact from a van and a subsequent secondary impact with the car in front as he was shunted forward. David was wearing a seatbelt at the time of the accident but the airbags did not deploy. Immediately after the accident, David complained of neck, lower back and jaw discomfort. When he attended a doctor the diagnosis of a soft tissue injury was made. He was given exercises for his whiplash. Approximately two days following the accident, David noticed he started grinding his teeth continuously at night and it sometimes wakes him up from his sleep. He had to get a bite splint to wear at night time. Giving the type of impact and other injuries sustained it was not unusual for this injury to occur alongside the others. He gets some pain and the occasional locking of the left-hand side of his jaw. His clinical situation was not expected to improve in the future.

Case Progression: The Personal Injury Board decided it would not be appropriate for them to make an assessment in the case. Proceedings were issued on the 28/01/15

Settlement: The Case was settled in the Circuit Court on the 30/07/2015. The other driver had a duty of care to David as he was behind him and should have been paying attention to the car in front.

** The client’s name has been changed for the purpose of this case study.

FREQUENTLY ASKED QUESTIONS

How do I make a Personal Injury Claim *?

Before moving forward with a personal injury claim *, speaking with a solicitor is advisable. Your solicitor will help you gather all the relevant information needed to make a claim and will then submit your claim to the Injuries Board for assessment. The following steps will be dependant on your case, injuries sustained and circumstances of your accident…

READ MORE

What is negligence in personal injury *?

In the legal world, negligence is defined as the failure of a person to uphold a reasonable duty of care or breach the duty of care or standards of behaviours expected of them for the protection of people against the unreasonable and avoidable risk of accident and injury.

For negligence to be established and proven there are several elements that must exist…

READ MORE

Will I have to go to court?

This is not a question that can be answered at the outset of a case. The reason is that there are steps that need to be followed before the opportunity to move to court proceedings presents itself.

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE

FREQUENTLY ASKED QUESTIONS

How do I make a Personal Injury Claim *?

Before moving forward with a personal injury claim *, speaking with a solicitor is advisable. Your solicitor will help you gather all the relevant information needed to make a claim and will then submit your claim to the Injuries Board for assessment. The following steps will be dependant on your case, injuries sustained and circumstances of your accident…

READ MORE

 

What is negligence in personal injury *?

In the legal world, negligence is defined as the failure of a person to uphold a reasonable duty of care or breach the duty of care or standards of behaviours expected of them for the protection of people against the unreasonable and avoidable risk of accident and injury.

For negligence to be established and proven there are several elements that must exist…

READ MORE

Will I have to go to court?

This is not a question that can be answered at the outset of a case. The reason is that there are steps that need to be followed before the opportunity to move to court proceedings presents itself.

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE



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