When you are dealing with a personal injury claim, the legal terminology can be difficult to follow. Words like liability, pleadings, and statute of limitations appear in letters, forms, and conversations, and not knowing what they mean can make an already stressful situation feel even more overwhelming.
This glossary covers the most common personal injury and legal terms used in Ireland, written in plain, straightforward English. Every definition reflects how these terms apply in practice within the Irish legal system, so you can follow each stage of your claim with clarity and confidence.
How to Use This Personal Injury Glossary
The terms below are arranged alphabetically from A to W. If you have received a letter from a solicitor, an insurance company, or the Injuries Resolution Board and come across a word or phrase you are not sure about, scroll to the relevant letter for a clear explanation.
If you would like to discuss any aspect of your claim directly, you are welcome to contact Tiernan Solicitors at any time.
A
Accident Report
An accident report is a written record of what happened at the time of an injury. It may be completed by an employer, a property owner, or the injured person themselves. A thorough accident report should include the date, time, location, and circumstances of the incident, along with the names of any witnesses. In workplace accident claims, the employer is legally required to keep records of injuries and incidents that occur on their premises.
Assessment
An assessment in personal injury law most commonly refers to the evaluation carried out by the Injuries Resolution Board (formerly the Personal Injuries Assessment Board). When a claim is submitted, the Board reviews the medical evidence and other relevant information to place a financial value on the injury. Either party can accept or reject the assessment. If it is rejected, the claimant may then be authorised to bring the matter before the courts.
Authorisation
An authorisation is the formal document issued by the Injuries Resolution Board that allows a claimant to bring their case to court. It is issued when the respondent does not consent to the Board’s process, when either party rejects the assessment, or when the Board decides not to make an assessment. Without this authorisation, court proceedings for most personal injury claims cannot begin in Ireland.
B
Barrister
A barrister is a legal professional who specialises in courtroom advocacy and legal argument. In a personal injury claim, your solicitor may instruct a barrister to represent you in court or to provide a specialist legal opinion on your case. Barristers are members of the Law Library of Ireland and are sometimes referred to as counsel.
Breach of Duty
A breach of duty occurs when a person or organisation fails to meet the standard of care they owe to another person. For example, if a shop owner knows that a floor is wet and does not put up warning signs or clean the spill, they may be in breach of their duty of care towards customers. Proving a breach of duty is one of the essential elements in any personal injury claim.
C
Care Costs
Care costs cover the expense of any assistance or support you need because of your injury. This can include professional nursing care, home help, physiotherapy, and the cost of family members who have had to take time away from their own work to look after you. These costs can be claimed as part of your overall compensation.
Causation
Causation means proving that the defendant’s actions, or their failure to act, directly caused your injury. It is not enough to show that someone was negligent. You must also demonstrate a clear link between what they did or did not do and the harm you suffered. This is sometimes described as the “but for” test: but for the defendant’s negligence, would you have been injured?
Claim
A claim is a formal request for compensation made by an injured person against the party they believe is responsible for their injury. In Ireland, most personal injury claims must first be submitted to the Injuries Resolution Board before court proceedings can be issued.
Claimant
The claimant is the person who makes the claim for compensation. This is the individual who has been injured and is seeking damages from the party at fault. Once court proceedings are issued, the claimant is formally referred to as the plaintiff.
Compensation
Compensation is the money awarded to an injured person to account for the harm they have suffered. It can cover pain and suffering, loss of earnings, medical expenses, and other financial losses. The aim of compensation in Irish law is to restore the injured person, as far as money can, to the position they would have been in had the injury not occurred.
Contributory Negligence
Contributory negligence arises where the injured person is found to be partly at fault for their own injury. For example, if a pedestrian is struck by a car while crossing the road without looking, the court may find that the pedestrian contributed to the accident. In such cases, the compensation awarded may be reduced by a percentage that reflects the claimant’s share of responsibility.
Costs
Costs in a legal context refer to the expenses involved in pursuing or defending a claim. These include solicitor’s fees, barrister’s fees, expert witness fees, and court filing fees. In many personal injury cases, the losing party is ordered to pay the legal costs of the winning party, although this is always at the discretion of the court.
Court Proceedings
Court proceedings are the formal legal steps taken when a personal injury claim cannot be resolved through the Injuries Resolution Board or through settlement negotiations. Proceedings are initiated by issuing a summons through the relevant court. In Ireland, depending on the value of the claim, the case may be heard in the District Court, Circuit Court, or High Court.
D
Damages
Damages is the legal term for the money awarded as compensation in a personal injury case. There are two main categories:
- General damages compensate you for pain, suffering, and loss of amenity.
- Special damages compensate you for actual financial losses such as medical bills, lost wages, and travel expenses.
Date of Knowledge
The date of knowledge is the date on which a person first became aware, or should reasonably have become aware, that they had suffered an injury caused by someone else’s negligence. This date is significant because it is the point from which the Statute of Limitations begins to run. In most personal injury cases, you have two years from the date of knowledge to bring a claim.
Defence Medical Examination
A defence medical examination is an assessment arranged by the defendant’s legal team or their insurance company. An independent medical professional will examine you and produce a report on the nature and extent of your injuries. The purpose is to allow the defence to obtain their own medical evidence, which may be used to challenge or verify your claim.
Defendant
The defendant is the person or organisation against whom the claim is made. This is the party alleged to have been negligent or otherwise responsible for the claimant’s injury. In road traffic accident claims, for example, the defendant may be the driver who caused the collision, while their insurance company handles the claim on their behalf.
Dependency
Dependency is a term used in fatal injury claims where the deceased person’s family members were financially dependent on them. Under the Civil Liability Act 1961, dependants such as a spouse, children, or parents may be entitled to claim compensation for the financial support they have lost as a result of the death.
Discovery
Discovery is a stage in court proceedings where both sides are required to share relevant documents with each other. This can include medical records, employment records, CCTV footage, accident reports, and correspondence. The purpose of discovery is to ensure that neither side is taken by surprise at trial and that all relevant evidence is available to the court.
Duty of Care
A duty of care is a legal obligation to act with reasonable care towards others who could foreseeably be affected by your actions. Employers owe a duty of care to their employees. Motorists owe a duty of care to other road users. Occupiers of premises owe a duty of care to visitors. Establishing that a duty of care existed is the first step in proving negligence.
E
Employer Liability
Employer liability refers to the legal responsibility of an employer when an employee is injured at work. Under the Safety, Health and Welfare at Work Act 2005, employers must provide a safe place of work, safe systems of work, proper training, and adequate supervision. If an employer fails in any of these obligations and an employee is injured as a result, the employer may be held liable for compensation.
Evidence
Evidence is any information used to support or challenge a claim in legal proceedings. In a personal injury case, evidence can include medical reports, photographs of the scene, witness statements, CCTV footage, employment records, and expert opinions. The strength of your evidence often determines the outcome of your claim.
Expert Witness
An expert witness is a professional with specialist knowledge who provides an opinion to assist the court. In personal injury cases, common expert witnesses include medical consultants, engineers, actuaries, and occupational therapists. Their evidence helps the court understand complex issues such as the extent of an injury, its long-term effects, or how an accident occurred.
F
Fatal Injury Claim
A fatal injury claim is a legal action brought by the dependants of a person who has died as a result of someone else’s negligence. Under the Civil Liability Act 1961, dependants may claim for the financial losses they have suffered, funeral expenses, and mental distress. These claims are subject to specific time limits and carry particular legal requirements.
Future Care Costs
Future care costs represent the estimated expense of ongoing medical treatment, rehabilitation, and personal assistance that an injured person will need in the years ahead. These costs are assessed with the help of medical experts and care planners, and they can form a substantial part of the overall compensation in serious injury cases.
Future Loss of Earnings
Future loss of earnings is the compensation claimed for income you will not be able to earn in the future because of your injury. This is calculated by examining your earning history, your career prospects before the injury, and the extent to which your ability to work has been affected. Actuarial evidence is often used to calculate this figure accurately.
Future Medical Expenses
Future medical expenses cover the cost of any treatment, medication, or therapy that you are expected to need going forward. This can include surgery, physiotherapy, psychological counselling, and prescription medication. Your medical team will provide reports estimating these future needs, and the cost is included in the overall compensation sought.
G
General Damages
General damages are awarded for pain, suffering, and loss of amenity. Unlike special damages, they do not relate to a specific financial loss that can be calculated with receipts. Instead, general damages compensate you for the physical and emotional impact the injury has had on your life. The Personal Injuries Guidelines published by the Judicial Council provide guidance on the appropriate range of general damages for different types of injury.
Guidelines
In the context of personal injury claims in Ireland, guidelines most commonly refers to the Personal Injuries Guidelines adopted by the Judicial Council of Ireland. These guidelines set out recommended ranges of compensation for various injury types and have largely replaced the older Book of Quantum. They are used by the courts, the Injuries Resolution Board, and solicitors when valuing a claim.
Garda Report
A Garda report (also known as a Garda abstract) is the official record compiled by An Garda Siochana following an incident such as a road traffic accident. It typically contains details of the parties involved, witness information, a description of the scene, and any charges or fixed penalty notices issued. A Garda report can be important evidence in supporting a personal injury claim.
H
Hearing
A hearing is a session in court where a judge listens to the arguments and evidence from both sides. In personal injury cases, there may be preliminary hearings to deal with procedural matters such as discovery or motions, and a full hearing or trial where the case is decided. Not all claims reach a hearing, as many are resolved through settlement negotiations beforehand.
Hospital Records
Hospital records include all medical notes, test results, scans, discharge summaries, and treatment records created during your time in hospital. These records are a critical part of the medical evidence in a personal injury claim. Your solicitor will request these records on your behalf, and they are used to demonstrate the nature and severity of your injuries.
I
Independent Medical Examination
An independent medical examination (IME) is an assessment carried out by a medical professional who has not previously treated you. It is arranged to provide an objective opinion on your injuries for the purposes of your claim. Both your own solicitor and the defendant’s side may arrange independent medical examinations.
Injuries Resolution Board
The Injuries Resolution Board (IRB) is the independent State body that assesses personal injury claims in Ireland. Most personal injury claims must be submitted to the IRB before court proceedings can be issued. The Board assesses the value of your injury based on medical evidence and issues an assessment. If either party rejects the assessment, the claimant receives an authorisation to proceed to court.
Insurance Claim
An insurance claim is a request made to an insurance company for compensation following an injury. In many personal injury cases, the claim is ultimately handled by the defendant’s insurer. The insurer investigates the claim, may make a settlement offer, or may defend the claim through the courts. Your solicitor will deal with the insurance company on your behalf throughout the process.
Interim Payment
An interim payment is a partial payment of compensation made before the case is fully resolved. In some circumstances, particularly in serious injury cases where the claimant has urgent financial needs, the court may order the defendant to make an interim payment. This does not affect the claimant’s right to receive the full amount of compensation once the case concludes.
J
Judgment
A judgment is the formal decision made by a court at the conclusion of a case. In a personal injury claim, the judgment will state whether the defendant is liable and, if so, the amount of damages to be awarded. A judgment is legally binding, although either party may have the right to appeal.
Jurisdiction
Jurisdiction refers to the authority of a particular court to hear and decide a case. In Ireland, the court in which a personal injury claim is heard depends primarily on the value of the claim:
- The District Court handles claims up to €15,000.
- The Circuit Court handles claims up to €75,000.
- The High Court deals with claims above €75,000.
Claims must be brought in the correct court to proceed.
L
Letter of Claim
A letter of claim is a formal letter sent to the person or organisation believed to be responsible for your injury, notifying them that you intend to pursue a claim. It sets out the circumstances of the accident, the injuries sustained, and the basis of the claim. In Ireland, the letter of claim is typically sent before the matter is submitted to the Injuries Resolution Board.
Liability
Liability means legal responsibility. In a personal injury claim, establishing liability means proving that the defendant was at fault for the accident or incident that caused your injury. Liability can be admitted, denied, or disputed, and it is one of the central issues in any claim.
Liability Denied
When liability is denied, the defendant is stating that they do not accept responsibility for causing the injury. This means the claimant will need to prove, on the balance of probabilities, that the defendant was at fault. A denial of liability does not mean the claim cannot succeed. It simply means the issue of fault must be determined by the court.
Liability Admitted
When liability is admitted, the defendant accepts that they were at fault for the injury. This simplifies the case significantly, as the only remaining issue is the amount of compensation to be awarded. Full or partial admissions of liability can be made at any stage of the process.
Litigation
Litigation is the process of taking legal action through the courts. In a personal injury context, litigation begins when court proceedings are issued and continues through the exchange of documents, pre-trial motions, and ultimately the trial itself. Many claims settle before reaching trial, but litigation ensures that you have a legal remedy if a fair settlement cannot be agreed.
Loss of Earnings
Loss of earnings refers to the income you have lost because your injury prevented you from working. This is a common head of special damages in personal injury claims and covers wages, salary, overtime, bonuses, and any other regular income you would have received. You will typically need to provide employment records and payslips to support this part of your claim.
Loss of Opportunity
Loss of opportunity compensates you for chances or prospects you have missed because of your injury. For example, if you were about to receive a promotion, start a new job, or pursue a particular career path and your injury prevented this, you may be entitled to claim damages for the lost opportunity. This requires evidence that the opportunity was real and likely to have come about.
M
Medical Assessment
A medical assessment is an examination by a qualified medical professional to evaluate the nature, extent, and impact of your injuries. Medical assessments are central to personal injury claims because the compensation you receive is based largely on the medical evidence. Your treating doctors and any independent medical examiners will provide detailed reports following their assessments.
Medical Evidence
Medical evidence includes all reports, records, scans, test results, and expert opinions relating to your injuries and treatment. It is the foundation of any personal injury claim. Strong medical evidence clearly demonstrates what injuries you sustained, how they affect your daily life, and what your long-term prognosis is.
Medical Negligence
Medical negligence occurs when a healthcare professional fails to provide a reasonable standard of care, and this failure causes injury or harm to a patient. Examples include misdiagnosis, surgical errors, medication errors, and failure to follow up on test results. Medical negligence claims are among the most complex types of personal injury litigation. Visit our specialist site, medicalnegligenceireland.net, for more information.
Medical Report
A medical report is a written document prepared by a doctor or consultant that details your injuries, treatment, and prognosis. It is one of the most important pieces of evidence in your claim and is relied upon by the Injuries Resolution Board, by solicitors, and by the court to assess the value of your injuries.
Mediation
Mediation is a form of alternative dispute resolution where a neutral third party (the mediator) helps both sides reach an agreement. It is voluntary, confidential, and less formal than a court hearing. Mediation can be an effective way to settle a personal injury claim without the cost and uncertainty of a full trial.
N
Negligence
Negligence is the failure to take reasonable care, resulting in injury or damage to another person. To succeed in a negligence claim, you must prove three things:
- The defendant owed you a duty of care.
- They breached that duty.
- The breach directly caused your injury.
Negligence is the legal foundation of most personal injury claims in Ireland.
Notice of Claim
A notice of claim is a formal notification to the defendant or their insurer that a personal injury claim is being made. In Ireland, this typically takes the form of an application to the Injuries Resolution Board, which serves notice on the respondent. Providing proper notice is an important procedural requirement and must be done within the relevant time limits.
O
Occupier’s Liability
Occupier’s liability refers to the legal duty of anyone who controls or occupies premises to ensure that visitors and others are reasonably safe. Under the Occupiers’ Liability Act 1995, the standard of care owed depends on whether the person entering the premises is a visitor, a recreational user, or a trespasser.
Out-of-Pocket Expenses
Out-of-pocket expenses are the costs you have paid directly as a result of your injury. These include GP visits, consultant fees, prescription charges, physiotherapy, travel to medical appointments, and any other costs that would not have arisen but for the accident. These are claimed as part of your special damages and should be supported with receipts and records.
P
Pain and Suffering
Pain and suffering is the term used to describe the physical pain and emotional distress caused by your injury. Compensation for pain and suffering falls under general damages and takes into account the severity of the injury, the duration of recovery, and the impact on your overall quality of life.
Particulars of Loss
Particulars of loss is a detailed written statement setting out all the financial losses and expenses you have incurred as a result of your injury. This document is served on the defendant’s legal team and includes items such as loss of earnings, medical expenses, travel costs, and care costs. It must be supported by receipts, invoices, and other documentary evidence.
Personal Injuries Guidelines
The Personal Injuries Guidelines are a set of guidelines published by the Judicial Council of Ireland. They provide recommended ranges of compensation for different injury types and have been in effect since April 2021, replacing the older Book of Quantum. The guidelines are used by the courts and the Injuries Resolution Board when assessing and valuing a claim.
Personal Injury Claim
A personal injury claim is a legal action brought by someone who has been injured due to the negligence or wrongful act of another person or organisation. The purpose of the claim is to recover compensation for the injuries and losses suffered. In Ireland, most personal injury claims begin with a submission to the Injuries Resolution Board.
PIAB
PIAB stands for the Personal Injuries Assessment Board, which is the former name of what is now known as the Injuries Resolution Board. You may still see this abbreviation used in older documents, correspondence, or online resources.
Plaintiff
The plaintiff is the person who brings a case to court. In personal injury litigation, the plaintiff is the injured person who has issued court proceedings against the defendant. Before proceedings are issued, the injured person is usually referred to as the claimant.
Pleadings
Pleadings are the formal written documents exchanged between the parties in court proceedings. They set out each side’s case. The plaintiff’s pleadings (known as the Personal Injuries Summons) describe the accident, the injuries, and the claim for damages. The defendant responds with a Defence, setting out their position. Pleadings define the issues that the court will be asked to decide.
Pre-Existing Condition
A pre-existing condition is a medical condition that existed before the accident occurred. Having a pre-existing condition does not prevent you from making a claim. However, the defendant may argue that some or all of your symptoms are related to the earlier condition rather than the accident. Your solicitor will work with medical experts to demonstrate how the accident worsened or aggravated your condition beyond its previous state.
Prognosis
Prognosis is the medical opinion on how your injury is likely to develop in the future. It addresses questions such as whether you are expected to make a full recovery, how long recovery will take, and whether there will be any permanent effects. The prognosis is an important factor in determining the amount of compensation, particularly for general damages.
Public Liability
Public liability refers to the legal responsibility of individuals, businesses, or public bodies for injuries suffered by members of the public on their premises or as a result of their activities. Common public liability claims arise from slips and falls in shops, restaurants, hotels, and on public footpaths.
R
Receipts
Receipts are the documentary proof of expenses you have incurred because of your injury. Keeping receipts for medical appointments, prescriptions, travel, physiotherapy, and any other costs is essential. These receipts support your claim for special damages and help ensure you are fully compensated for your actual financial losses.
Rehabilitation Costs
Rehabilitation costs cover the expense of treatment and therapy aimed at helping you recover from your injury. This may include physiotherapy, occupational therapy, speech therapy, psychological counselling, and specialist rehabilitation programmes. These costs, both past and future, can be included in your claim for compensation.
Respondent
The respondent is the term used for the person or organisation against whom a claim is made at the Injuries Resolution Board stage. Once court proceedings are issued, the respondent is referred to as the defendant.
Road Traffic Accident
A road traffic accident (RTA) is any accident involving vehicles, cyclists, or pedestrians on a public road. RTAs are one of the most common causes of personal injury claims in Ireland. If you have been injured in a road traffic accident, you may be entitled to compensation for your injuries, loss of earnings, and other losses.
S
Section 50 Authorisation
A Section 50 Authorisation is a provision under the Personal Injuries Assessment Board Act 2003 that allows certain types of claims to bypass the Injuries Resolution Board process entirely. This applies to claims involving medical negligence and certain other categories. A Section 50 Authorisation enables the claimant to issue court proceedings directly without first obtaining an assessment from the Board.
Settlement
A settlement is an agreement between the parties to resolve a claim without the need for a full court hearing. The defendant or their insurer agrees to pay a specified amount of compensation, and in return, the claimant agrees not to pursue the matter further. Settlements can be reached at any stage of the process, from early negotiations through to the steps of the courthouse.
Settlement Negotiations
Settlement negotiations are the discussions between the parties, usually through their solicitors, aimed at reaching an agreed settlement. These negotiations involve the exchange of offers and counteroffers. A significant number of personal injury claims in Ireland are resolved through settlement negotiations, often before the case reaches court.
Special Damages
Special damages compensate you for specific, calculable financial losses resulting from your injury. This includes:
- Loss of earnings
- Medical expenses
- Travel costs
- Care costs
- Out-of-pocket expenses
Unlike general damages, special damages must be proven with documentary evidence such as payslips, receipts, and invoices.
Statute of Limitations
The Statute of Limitations sets out the time limit within which you must bring a personal injury claim. In Ireland, the general time limit is two years from the date of the accident or from the date of knowledge (the date you became aware of the injury). If you do not bring your claim within this period, you may lose your right to seek compensation. It is important to seek legal advice as early as possible.
Summons
A summons is the legal document that formally initiates court proceedings. In personal injury cases, this is known as a Personal Injuries Summons and is filed with the relevant court. It sets out the details of the claim, including the circumstances of the accident, the injuries sustained, and the compensation being sought.
T
Time Limit
A time limit is the deadline for taking a particular legal step. The most important time limit in personal injury claims is the Statute of Limitations, which gives you two years to bring your claim. Other time limits may apply to specific steps within the process, such as filing documents or responding to court orders. Missing a time limit can have serious consequences for your claim.
Treatment Records
Treatment records are all medical documents relating to the care you have received for your injury. This includes GP notes, hospital records, physiotherapy records, prescription records, and reports from any specialist. These records form part of the medical evidence used to assess and value your claim.
Tribunal
A tribunal is a specialised body that decides certain types of legal disputes outside of the ordinary court system. While personal injury claims generally go through the Injuries Resolution Board and the courts, some related matters (such as employment disputes or certain statutory compensation schemes) may be heard by a tribunal.
Travel Expenses
Travel expenses are the costs of travelling to and from medical appointments, hospital visits, physiotherapy sessions, and legal meetings that arise because of your injury. These costs form part of your special damages claim and should be recorded and supported with evidence wherever possible.
V
Valuation
Valuation is the process of placing a financial value on your personal injury claim. This takes into account the severity of your injuries, the impact on your daily life, your financial losses, your prognosis, and the Personal Injuries Guidelines. An accurate valuation is essential for ensuring that any settlement offer reflects the true worth of your claim.
Vouched Expenses
Vouched expenses are costs that are supported by receipts, invoices, or other documentary proof. When claiming special damages, it is important that your expenses are vouched, as this provides the court or the opposing side with clear evidence of what you have spent. Keeping organised records of all injury-related expenses throughout your claim is strongly recommended.
W
Witness
A witness is any person who saw the accident or incident take place, or who has relevant information about the circumstances. Witness evidence can be very important in personal injury claims, particularly where liability is disputed. A witness may be asked to provide a written statement or to give evidence in court.
Witness Statement
A witness statement is a written account from a person who saw what happened or who has relevant information about the incident. It is prepared in advance of court proceedings and sets out in the witness’s own words what they observed. Witness statements are used as evidence and may be relied upon during settlement negotiations or at trial.
Workplace Accident
A workplace accident is any accident that occurs in the course of your employment. This includes injuries sustained on your employer’s premises, at a client’s site, while driving for work purposes, or in any situation where you were carrying out your duties. If your employer failed to provide a safe working environment, you may be entitled to claim compensation.
How Tiernan Solicitors Explain Personal Injury Terms Clearly
At Tiernan Solicitors, we believe that understanding the language of your claim is just as important as understanding the law behind it. Dealing with a personal injury is difficult enough without feeling lost in legal terminology.
We are committed to communicating in plain, clear English at every stage of your case. When we write to you, meet with you, or update you on your claim, we explain everything in terms that make sense. If something is unclear, we welcome your questions, no matter how small they may seem.
Our team of experienced personal injury solicitors in Dublin has successfully represented clients across all types of personal injury claims. Whatever the nature of your claim, we are here to make the process as straightforward and as stress-free as possible.
Contact Tiernan Solicitors
If you have been injured and would like to discuss your situation, we are here to help. Contact Tiernan Solicitors today for a confidential consultation. We will review your case, explain your options in plain language, and advise you on the best way forward.
Call us on 01-6760988 or complete our online contact form to request a call back. You can also email us at mark@tiernansolicitors.ie.
