Explore Our Personal Injury Guides and Process Resources
The information below covers the most important topics our clients ask about when pursuing a personal injury claim in Ireland. Each section gives you a clear overview so you can understand your options, know what to expect, and make informed decisions at every stage.
Guides & process resources
Understand your claim, from first steps to settlement
Why Should You Consider a Claim for Personal Injury?
If someone else’s negligence caused your injury, you may be entitled to financial compensation under Irish law. A personal injury claim is not just about money. It is about holding the responsible party accountable and ensuring you can access the medical treatment, rehabilitation, and financial support you need to recover. Many people hesitate because they are unsure whether their situation qualifies. In most cases, if your injury was caused by another person’s carelessness or a failure in their duty of care, you have grounds to pursue a claim.
Should You Hire a Dublin Personal Injury Solicitor?
While it is possible to handle a claim on your own, having an experienced personal injury solicitor on your side significantly improves your chances of receiving fair compensation. A solicitor understands the legal process, deals with insurance companies on your behalf, gathers the right evidence, and ensures your claim is properly valued. Without professional legal advice, there is a real risk of accepting a settlement that is far lower than what your claim is actually worth. A solicitor also removes the stress of dealing with paperwork and legal deadlines so you can focus on your recovery.
How Long Do I Have to Claim for Personal Injury Compensation?
In Ireland, the statute of limitations for most personal injury claims is two years from the date of the accident or from the date you became aware of your injury. This is set out in the Statute of Limitations (Amendment) Act 1991. If you miss this deadline, you may lose your right to pursue compensation entirely. There are limited exceptions, such as claims involving minors or cases where an injury was not immediately apparent. Regardless of your circumstances, it is always best to seek legal advice as early as possible to protect your right to claim.
The majority of personal injury claims in Ireland are settled before they ever reach a courtroom. Settlement negotiations can take place at various stages, including after the Injuries Resolution Board has issued an assessment, or during pre-trial discussions between solicitors and the other party’s insurers. Settling before court can save time, reduce legal costs, and remove the uncertainty of a court outcome. However, it is essential that any settlement offer reflects the true value of your injuries and losses. Your solicitor will advise you on whether an offer is fair or whether it is in your best interest to proceed to court.
If you are involved in a road traffic accident, the steps you take immediately afterwards can have a major impact on any future claim. You should call the emergency services if needed, exchange details with the other driver, take photographs of the scene and any damage, and seek medical attention as soon as possible, even if your injuries seem minor at first. It is also important to report the accident to the Gardai, particularly if there are injuries or significant damage. Keeping a written record of what happened and obtaining witness contact details will help strengthen your claim at a later stage.
Step-by-Step Guide to Making a Personal Injury Claim in Ireland
The personal injury claims process in Ireland follows a clear sequence. First, you seek medical treatment and document your injuries. Then, you instruct a solicitor who will gather evidence and assess the strength of your case. Your solicitor submits an application to the Injuries Resolution Board, which is a mandatory first step for most claims. The Board will assess your claim and propose a compensation amount. If either party rejects the assessment, the case can then proceed to court. Throughout this process, your solicitor manages all correspondence, negotiations, and legal filings on your behalf.
The Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board) is an independent State body that assesses compensation for personal injury claims. In most cases, you are required by law to submit your claim to the Board before you can issue court proceedings. The Board makes its assessment based on your medical reports and does not involve oral hearings. If you accept the Board’s assessment, and the other party also accepts, the compensation is paid without going to court. If either side rejects the assessment, the Board issues an authorisation allowing you to bring your case before the courts.
How Compensation Is Calculated (General & Special Damages)
Personal injury compensation in Ireland is made up of two parts. General damages compensate you for the pain, suffering, and loss of enjoyment of life caused by your injury. The amount is guided by the Personal Injuries Guidelines, which set out recommended compensation ranges for different injury types and severities. Special damages cover your actual financial losses, such as medical expenses, loss of earnings, travel costs for treatment, and the cost of any future care or rehabilitation you may need. Both categories are assessed carefully to ensure the total award reflects the full impact of your injury on your life.
Common Mistakes That Can Harm Your Personal Injury Claim
Certain errors can seriously weaken your claim or reduce the compensation you receive. Failing to seek medical attention promptly is one of the most common, as it creates a gap in your medical records that the other side can use to dispute the severity of your injury. Other frequent mistakes include giving a recorded statement to an insurance company without legal advice, posting about your accident or recovery on social media, missing important deadlines, and not keeping receipts for expenses related to your injury. Being aware of these pitfalls from the outset helps protect the strength of your case.
How to Prepare for a Medical Assessment for Your Claim
A medical assessment (also called an independent medical examination) is a standard part of the personal injury claims process. This examination is carried out by a medical expert who provides an objective report on the nature and extent of your injuries. To prepare, bring all relevant medical records, any scans or test results, a list of medications you are taking, and a clear account of how the injury has affected your daily life. Be honest and thorough in describing your symptoms, including any ongoing pain, limitations, or psychological effects. The medical report carries significant weight in determining the value of your claim.
We answer the questions our clients ask most often, covering topics such as how long a claim takes, what costs are involved, whether you need to go to court, and what happens if your claim is unsuccessful. If you cannot find the answer you need here, our team is always happy to discuss your situation directly.
Legal language can be confusing. Our glossary of personal injury and legal terms explains the most commonly used words and phrases in plain, straightforward English. From terms like duty of care and contributory negligence to statute of limitations and book of quantum, this resource helps you understand exactly what is being discussed at every stage of your claim.
If you have suffered a personal injury and want to understand your legal options, we are here to help. At Tiernan & Co. Solicitors, we will listen to your situation, answer your questions, and let you know where you stand.
