Most people have never made a personal injury claim before. If you are unfortunate enough to have grounds for a claim, you probably want to know what the process involves. Every case is different, but broadly follows the 10 steps outlined below.
Personal injury claims Ireland
- Speak to a solicitor
The first step is to speak to a solicitor who specialises in personal injury law. A solicitor can tell you whether you have grounds to pursue a compensation claim. At Mullins & Treacy Solicitors, we offer this advice completely free of charge.
- Notify the party at fault
If you intend to take legal action against those responsible for your injuries, you must notify them within two months. If you fail to do so, you can still make a claim. However, it could work against you later on, if your case ends up in court.
- Gather evidence
The next step is to gather evidence to support your claim. If you have instructed our solicitors, we will do this on your behalf. Often, this involves getting your medical records and an expert medical report on your injuries.
- Submit a claim to the Personal Injuries Assessment Board
Once the evidence has been gathered, it is time to submit a claim to the Personal Injuries Assessment Board (PIAB). All claims must go through PIAB, with some exceptions (including medical negligence claims and claims relating mainly to psychological damage).
- Wait for the Respondent’s response
The party deemed to be at fault for your injuries is known as the Respondent. PIAB will contact the Respondent and ask whether they are happy for your claim to be assessed. If the Respondent does not accept, you need to proceed straight to step number seven.
- Wait for the PIAB assessment
If the Respondent does consent to an independent assessment of your claim, PIAB must take no more than 15 months to decide how much compensation you should receive. If both you and the Respondent accept this assessment, you will receive your settlement and that is the end of the claim.
- Issue court proceedings
However, both you and the Respondent have the right to reject PIAB’s assessment. If either party rejects the offer, PIAB will issue authorisation to start court proceedings. This also happens if the Respondent does not agree to a PIAB assessment.
- Enter into negotiations and attend a settlement meeting
Your solicitor will gather further evidence in support of your claim and negotiate a suitable settlement with the other side. Sometimes this involves a settlement meeting, where your legal representatives meet with the other side in the hope of reaching a solution.
- Attend court
If a settlement cannot be reached outside of court, a judge must decide the outcome instead. It is very unusual for a personal injury claim to end up in court, but occasionally it does happen.
- Receive full and final settlement of your claim
Once both parties have agreed on a suitable sum of compensation, or the judge has ordered how much compensation you should receive, the claim is over. There will be a full and final settlement of your claim, meaning you cannot claim further compensation for the same personal injury in the future.
Contact us now
If you want to make a personal injury claim, contact us now at Mullins & Treacy Solicitors. We are client focused and results driven. We can handle the claims process on your behalf, removing the burden from your shoulders.
Call us on 051 391 488 or email email@example.com for a no obligation enquiry.
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