If you have suffered an injury or illness that has been caused by someone else’s negligence, you may be entitled to compensation.Tell Us About Your Case
Personal injury is the legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence. If you have suffered in these circumstances, you may be able to make a personal injury claim.
An injury of any kind can affect your quality of life. Being out of work as a result of this injury may also affect your monthly household income. Personal injury accidents can occur when we least expect it. They could happen on the road, at work or in a public place. Our specialist personal injury solicitors are here to make the process easier for you and your family.
Over the past 35+ years, Tracey Solicitors LLP have built a team and process to support people in Ireland who have been involved in accidents. This allows you to focus on your recovery, while we look after your case. Our team of solicitors and legal executives will take the time to explain the process to you in detail, in language that you can understand, free of jargon, and we’ll help you each step of the way.
The majority of claims do not start in court. Generally, they are required by law to start with the Injuries Board — with the exception of Medical Negligence, some assault cases and some cases where the injury is wholly psychological. Many people who apply to the Injuries Board do so with the help of a solicitor. This ensures that the process runs as smoothly as possible from gathering of documents, medical reports and evidence to submission of the application to consideration of the Injuries Board compensation suggestion.
If you’ve been involved in an accident, the Injuries Board claims process generally consists of these steps:
To start the process, you will need to provide the following information to your solicitor:
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.
Once your solicitor has gathered all information necessary, they will complete and submit the Injuries Board application form (Injures Board Form A) for you. Once submitted, the Personal Injuries Assessment Board will acknowledge receipt of this and will notify the person at fault of your claim. A copy of the application form and medical report will also be issued to the person at fault at this stage. Once submitted, the two year time limit clock will stop while your claim is being assessed.
At Tracey’s 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 firstname.lastname@example.org to tell us about your case.
Formally known as the Statute of Limitations, the legal time limit for a personal injury claim is usually two years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date.
For children who have suffered an injury, the process works a little differently. A minor cannot bring a claim forward themselves. On their 18th birthday, the clock starts at their two year time limit to make their claim. Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child immediately after the accident. This is generally a more favourable option. As making the claim sooner rather than later means that it is easier to source reliable evidence to strengthen the child’s case.
Important to note is that once the application to the Injuries Board is submitted, the clock stops on the two year time limit while they assess the claim.Learn more about Time Limits
Upon assessment of your claim, the Injuries Board will look at past personal injury cases and injuries similar to yours to determine how much compensation they will suggest. They do this by referring to the Judicial Council’s personal injury guidelines. These personal injury guidelines are used by PIAB and the Courts to enable them to ensure consistency in the awards of monetary damages in successful personal injuries claims. Use our compensation estimator to get an insight into how much you may be awarded for your injury.
Having reviewed your claim, the Injuries Board will revert back to you with a suggested compensation amount. This would be then paid to you by the party at fault. You will then need to consider whether to agree to this or not. At this time, your solicitor will be able to advise you on the best route forward, but ultimately it will be your decision whether to accept this first offer or not.
There are two possible outcomes from this stage:
a. Both you and the party at fault accept the Injuries Board suggested settlement amount. The party at fault would be then ordered to pay this amount to you.
b. Either you or the party at fault does not accept the suggested settlement amount. Then you would move to issue court proceedings against the person at fault for your accident/injury.
Once a suggested award has come through, the person making the claim (the claimant) has 28 days to accept or reject the offer. The respondent (the person whom the claim is made against) has 21 days to accept or reject the offer made by the Injuries Board. It is important to note is that should the person making the claim fails to respond to the offer in 28 days, it will automatically be deemed to be rejected in the eyes of the Injuries Board.
Should both parties accept the award suggested by the Injuries Board, then the Injuries will issue an order to the person at fault to pay the settlement amount. Once this happens and the monies are paid over, the case is then deemed to be settled – full and final settlement, meaning that the person making the claim cannot return at a later date seeking further compensation.
If one of the parties involved rejects the settlement suggestion by the Injuries Board the case will move to the next stage of the process, i.e. legal proceedings to move the case to court for a judge to decide the outcome. At this stage, you will work with your solicitor and they will issue legal proceedings to move the case along.
The majority of personal injury cases will settle outside of court. The reality is that if you move past the Injuries Board stage to legal proceedings that you will not have to step foot into a courtroom.
Before the hearing, settlement meetings may be arranged, meaning that you would meet with your legal team – Solicitor and Barrister – to start these talks. At the meetings, your legal team will communicate with the other side on your behalf, all the while keeping you up to date and informed of the progress and any updated settlement offers. Your legal team may come to an acceptable conclusion for you at these meetings if so, your case will then be concluded in full and final settlement there and then. If settlement talks do not result in an acceptable settlement amount, then your case will move to a court hearing where a Judge will make the final decision on your case.
In a personal injury case involving an accident where you have suffered an injury, property damage or another kind of loss, as the injured party you can seek to claim for those losses. The best way to do so is to speak with a personal injury solicitor about your case. The losses the injured party incurs are called ‘damages’.
General damages are classed as non-monetary losses, like physical pain and suffering or mental/physiological pain and suffering.
Special damages are out of pocket monetary expenses incurred as a result of the accident, usually comprised of things such as:
Learn more about Special Damages
Loss of Amenity refers to the effect on a person’s enjoyment or quality of life or to a person’s failure to carry out a task that they were once able to do. It illustrates the non-financial impact that a personal injury has on a person’s work, family and social life. Loss of amenity takes into consideration all resulting restrictions that the injury has forced on a person through no fault of their own.
Material damages 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 consequences of the same injury or illness will vary between individuals. So the amount of compensation you could receive will be personal to you. Our personal injury solicitors are experienced in accurately valuing claims based on your particular circumstances, to ensure you get the compensation you deserve.
In order for a solicitor to advise you on your accident and whether you may be entitled to make a claim, when bringing the claim to a solicitor, include all facts surrounding the accident. Even the facts that you may think are not as important. Also remember to include things like how the accident happened, what exactly you were doing at the time, who was involved and who witnessed the accident.
The following pieces of information are important for you to bring with you, where possible when you start the claims process with your solicitor:
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