If you have been injured in an accident that was not your fault, you probably have a lot of questions. You may be unsure whether you have a valid claim, what the process involves, or how long it all takes. Below, we answer the most common personal injury questions we hear from people across Ireland every day. Each answer is written in plain, straightforward language so you can understand your rights and your options before taking any next step.
Questions about whether you may have a personal injury claim
What is a personal injury claim?
A personal injury claim is a legal process through which a person who has been injured seeks financial compensation from whoever was responsible for causing the injury. The claim is based on the idea that the other party owed you a duty of care and failed to meet that duty, resulting in harm to you.
Personal injury claims in Ireland can arise from many different situations, including road traffic accidents, workplace injuries, and slips and falls in public places.
How do I know if I may have grounds to bring a claim?
You may have grounds to bring a claim if someone else’s negligence caused or contributed to your injury. Negligence means that a person, employer, business, or public body failed to take reasonable care to prevent harm.
For example, if a shop owner failed to clean up a spill and you slipped and were injured, that may amount to negligence. The strongest claims are supported by clear evidence connecting the other party’s actions (or failure to act) to your injury. Speaking with an experienced personal injury solicitor early on is the best way to understand whether you have a viable case.
What types of accidents can lead to a personal injury claim?
Many different types of accidents can give rise to a personal injury claim. Some of the most common include:
- Road traffic accidents: Car crashes, bus collisions, cyclist injuries, pedestrian incidents, and rear-end collisions.
- Workplace accidents: Falls from height, manual handling injuries, machinery incidents, and accidents on construction sites.
- Public liability accidents: Slips and trips in shops, restaurants, footpaths, or public spaces.
- Holiday accidents: Injuries sustained at hotels, on excursions, or during travel.
- Medical negligence: Misdiagnosis, surgical errors, medication mistakes, and failures in hospital care.
Can I still have a claim if I was partly at fault?
Yes. Under Irish law, a concept called contributory negligence applies. This means that even if you were partly responsible for what happened, you may still be entitled to compensation. However, the amount you receive may be reduced in proportion to your share of the fault.
For example, if a court finds that you were 20% at fault, your compensation may be reduced by 20%. Each case is assessed on its own facts.
Questions about the personal injury claims process in Ireland
Do all personal injury claims have to go through the Injuries Resolution Board?
In most cases, yes. Before a personal injury claim can proceed to court, it must first be submitted to the Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board). There are limited exceptions, such as certain medical negligence claims, which may not require Board involvement in all circumstances.
What is the Injuries Resolution Board and what does it do?
The Injuries Resolution Board is an independent State body that assesses personal injury compensation claims. Its role is to provide an independent assessment of what the claim is worth, without the need for court proceedings. The Board does not investigate who was at fault. It only becomes involved once liability is accepted or not contested by the other side, or once the statutory process requires it.
What happens after a claim is submitted?
Once a claim is submitted to the Injuries Resolution Board, the Board contacts the party you are claiming against (known as the respondent). The respondent then has 90 days to agree or decline to have the claim assessed by the Board. If both sides consent to assessment, the Board will issue an assessment of damages. Either party can then accept or reject that assessment.
Do all personal injury claims go to court?
No. Many personal injury claims settle without ever going to court. A claim may be resolved through the Injuries Resolution Board process, or through negotiation between solicitors on both sides. Court proceedings are generally a last resort. You can read more about this on our page on settling your personal injury claim before court.
What happens if the other side does not agree to Board assessment?
If the respondent does not consent to the Injuries Resolution Board process, or if either party rejects the Board’s assessment, the claimant is then free to issue court proceedings. At that stage, the case may be listed for hearing in the appropriate court, depending on the value of the claim.
Questions about time limits and deadlines
How long do I have to bring a personal injury claim in Ireland?
In most personal injury cases, you have two years from the date of the accident to bring a claim. This is known as the statute of limitations. If you do not act within this period, you may lose the right to claim altogether. It is always advisable to seek legal advice as early as possible. More detail is available on our page covering how long you have to claim.
Are there different rules for children?
Yes. Where the injured person is a minor (under 18 years of age), the two-year time limit does not begin to run until they turn 18. This means a claim can be brought on a child’s behalf at any time before their 20th birthday. In practice, many parents or guardians bring claims on behalf of children well before this deadline.
What happens if the injury was only discovered later?
In some situations, a person may not become aware of an injury until some time after the event that caused it. In these cases, the two-year time limit may run from the date of knowledge, meaning the date on which the injured person first became aware (or should reasonably have become aware) that they had suffered a significant injury. This often arises in medical negligence cases.
What if the claim relates to a fatal accident?
Where a person has died as a result of another party’s negligence, their dependants may be entitled to bring a claim under the Civil Liability Act 1961. The time limit is generally two years from the date of death. These claims can include compensation for mental distress, loss of financial support, and funeral expenses.
Questions about evidence and medical reports
Why is medical evidence important in a personal injury claim?
Medical evidence is one of the most significant factors in any personal injury claim. It establishes the nature and severity of your injuries, links them to the accident, and helps determine what level of compensation is appropriate. Without proper medical records, it can be very difficult to prove the full extent of your injuries.
What documents should I keep after the accident?
You should keep all records relating to the accident and your injuries. These include:
- Medical records and reports: GP notes, hospital discharge letters, consultant reports, and receipts for treatment or medication.
- Photographs: Images of the accident scene, your injuries, and any hazards that contributed to the incident.
- Financial records: Payslips showing lost earnings, receipts for travel to medical appointments, and invoices for any care or assistance you needed.
- Correspondence: Any letters, emails, or messages exchanged with insurers, employers, or other parties involved.
Will I need a medical assessment for my claim?
Yes. In almost all personal injury claims, an independent medical assessment is required. This assessment is carried out by a medical professional who examines you and prepares a report on your injuries, your recovery, and any ongoing effects. This report is central to both the Injuries Resolution Board process and any court proceedings.
What happens if there are no witnesses?
A claim can still succeed even if there are no independent witnesses. Other forms of evidence, such as CCTV footage, photographs, medical records, and your own account of what happened, can all support your case. Your solicitor will advise on what evidence is available and how best to present it.
Questions about compensation and damages
How is compensation assessed in a personal injury claim?
Compensation is assessed based on the nature, severity, and duration of your injuries, along with any financial losses you have incurred. The Injuries Resolution Board uses the Personal Injuries Guidelines (published by the Judicial Council) as a framework for assessment. Courts also rely on these guidelines, together with previous case law, when deciding on an appropriate award.
What is the difference between general damages and special damages?
- General damages: Compensation for the pain, suffering, and loss of enjoyment of life caused by your injuries. This is assessed based on the type of injury, how long recovery takes, and any lasting effects.
- Special damages: Compensation for actual financial losses you have suffered as a direct result of the accident. This includes lost wages, medical expenses, travel costs, and any other out-of-pocket spending.
What losses can be included in a claim?
A personal injury claim can include a wide range of losses. Common examples are loss of earnings (past and future), medical and rehabilitation costs, travel expenses, the cost of care or domestic assistance, damage to property, and loss of opportunity. Each claim is different, and your solicitor will help identify every head of loss that applies in your case.
How are future losses dealt with?
Where an injury has long-term or permanent effects, the claim may include compensation for future losses. These can cover anticipated loss of earnings, the cost of future medical treatment, ongoing care needs, and any necessary home or vehicle adaptations. Expert evidence, including medical and actuarial reports, is often used to calculate these amounts.
Questions about legal costs and practical concerns
Do I need a solicitor to bring a personal injury claim?
You are not legally required to have a solicitor, but it is strongly advisable. Personal injury law involves complex rules around evidence, procedure, limitation periods, and valuation of claims. An experienced solicitor ensures that your claim is prepared properly, that nothing is overlooked, and that you receive fair compensation. Learn more about why you should consider hiring a personal injury solicitor.
Who pays legal costs in a personal injury case?
In Ireland, the general rule is that the losing party pays the legal costs of the successful party.
How long does a personal injury claim usually take?
The length of a claim depends on many factors, including the complexity of the case, the severity of your injuries, and whether liability is disputed. Straightforward claims resolved through the Injuries Resolution Board may conclude within 12 to 18 months. More complex cases, especially those that go to court, can take several years.
Can a claim settle before court?
Yes. A large number of claims settle before a court hearing ever takes place. Settlement can happen at any stage, including after the Injuries Resolution Board assessment, during pre-trial negotiations, or even on the day of the hearing. Your solicitor will always advise you on whether a settlement offer is fair and reasonable before you agree to accept it.
Questions about specific claim situations
What if the accident happened at work?
If you were injured at work, your employer has a legal duty under the Safety, Health and Welfare at Work Act 2005 to provide a safe working environment. If a failure on their part led to your injury, you may have a valid claim. This applies to all types of workplaces, from offices to construction sites. Making a claim does not mean you are taking legal action against your colleagues. In most cases, the claim is handled entirely by the employer’s insurance company.
What if the accident happened in a public place?
If you were injured in a public place due to a hazard that should have been identified and addressed, you may have a claim against the party responsible for maintaining that area. This could be a local authority, a business, or a property owner. Common examples include uneven footpaths, wet floors in shops and supermarkets, and falling objects.
What if the accident was a road traffic accident?
Road traffic accident claims are among the most common personal injury claims in Ireland. If another road user’s negligence caused your injuries, you can claim against their motor insurer. In hit-and-run cases or where the at-fault driver is uninsured, you may be able to claim through the Motor Insurers’ Bureau of Ireland (MIBI).
What if the claim is for medical negligence and not a standard personal injury case?
Medical negligence claims are a specialised area of personal injury law. They involve situations where a healthcare professional’s treatment fell below the accepted standard of care, causing injury or harm. These cases often require detailed expert medical evidence and can be more complex than standard personal injury claims.
Questions people often ask before contacting a solicitor
What information should I have ready at the start?
When you first speak with a solicitor, it helps to have the following information available:
- Details of the accident: The date, time, location, and a description of what happened.
- Medical information: The name of your GP or hospital, any diagnoses received, and details of ongoing treatment.
- Supporting documents: Photographs, witness contact details, correspondence with insurers, and any incident reports.
- Financial impact: Details of lost earnings, medical expenses, and any other costs arising from the injury.
You do not need to have everything perfectly organised. Your solicitor will guide you through what is needed.
Should I accept an early offer?
You should always seek legal advice before accepting any settlement offer, particularly an early one. Insurance companies sometimes make early offers in the hope of settling a claim quickly and for less than it may be worth. An experienced solicitor will assess the full value of your injuries and losses before advising whether an offer is fair.
What mistakes can damage a personal injury claim?
There are several common mistakes that can weaken or even undermine a claim:
- Delaying medical treatment: Gaps in treatment can make it harder to link your injuries to the accident.
- Missing the time limit: If you do not act within the two-year statute of limitations, your claim may be barred.
- Posting on social media: Insurers and their legal teams often monitor social media for content that contradicts the claimed injuries.
- Accepting early offers without advice: Settling too soon may mean you receive less than you are entitled to.
- Failing to keep records: Without evidence of your injuries and losses, it is harder to prove the full value of your claim.
What should I do first after an accident?
The most important steps to take after an accident are:
- Seek medical attention: Your health is the priority, and a medical record created at the time of the accident is valuable evidence.
- Report the accident: Notify the relevant party, whether that is your employer, a shop manager, or the Gardai (in a road traffic accident).
- Gather evidence: Take photographs, note the details of any witnesses, and keep records of everything.
- Contact a solicitor: The sooner you take legal advice, the better your solicitor can protect your position and meet all relevant deadlines.
Contact Tiernan Solicitors
If you have been injured and have questions about making a personal injury claim, we are here to help. Contact Tiernan Solicitors today for a confidential consultation. We will listen to your situation, give you an honest assessment of your options, and explain clearly how we can assist.
