If you have been injured because of someone else’s negligence, you may be entitled to compensation for your injuries, your financial losses, and the impact the accident has had on your life. Understanding how the claims process works can help you feel more confident about the steps ahead.
The personal injury claims process in Ireland follows a structured path, from getting medical attention and gathering evidence, to submitting an application to the Injuries Resolution Board, and, if necessary, proceeding to court. Each stage has its own requirements and time limits, and getting them right from the start can make a real difference to the outcome of your claim.
Below, we set out the main steps involved in making a personal injury claim in Ireland, so you know what to expect at every stage.
Step 1: Get medical attention and make sure the injury is recorded
The most important thing to do after any accident is to get medical treatment as soon as possible. This applies whether your injuries seem serious or relatively minor. Some injuries, particularly soft tissue injuries, concussion symptoms, and internal injuries, may not be obvious straight away. Symptoms can develop or worsen in the hours and days following an accident.
Attending your GP or a hospital emergency department creates a medical record that links your injury to the accident. This record becomes an essential piece of evidence later in the claims process. If there is a gap between the date of the accident and the date you first sought treatment, the other side may argue that your injuries were not caused by the accident or were not as serious as claimed.
You should also follow through with any treatment, referrals, or follow-up appointments your doctor recommends. Consistent engagement with your medical providers shows that your injuries are genuine and ongoing, and it gives your solicitor the documentation needed to build a strong case.
Step 2: Report the accident as soon as possible
Reporting the accident promptly is an important early step. The reporting process depends on where and how the accident happened.
Reporting a road traffic accident
If you have been involved in a road traffic accident, you are legally required to report it to An Garda Siochana if anyone has been injured or if significant damage has occurred. You should also exchange details with the other driver, including names, addresses, insurance details, and vehicle registration numbers.
A Garda report or pulse record of the incident can be valuable evidence when your claim is being assessed. If the other driver left the scene or was uninsured, you may still be able to claim through the Motor Insurers’ Bureau of Ireland (MIBI).
Reporting a workplace accident
If you were injured at work, you should report the accident to your employer as soon as you can. Under the Safety, Health and Welfare at Work Act 2005, employers are required to keep records of workplace accidents in an accident report book. Make sure the details recorded are accurate and complete, and keep a copy of the entry for your own records.
Certain serious workplace accidents must also be reported to the Health and Safety Authority (HSA).
Reporting an accident in a public place
If you were injured in a public place, such as a footpath, supermarket, hotel, or restaurant, report the accident to the owner or manager of the premises. Ask for the incident to be recorded in writing and request a copy of that report. If there was no formal accident report made at the time, write down the details yourself as soon as possible while they are still fresh in your memory.
Step 3: Gather the evidence you may need
The strength of a personal injury claim often comes down to the quality of the evidence supporting it. It is important to begin collecting evidence as early as possible, ideally at the scene of the accident or very shortly afterwards.
Photographs, CCTV, and accident scene details
Take photographs of the accident scene, your injuries, any hazards or defects that caused the accident, and any damage to property or vehicles. If the accident happened in a location covered by CCTV cameras, such as a workplace, shop, or public road, request that the footage be preserved. CCTV footage is often deleted after a short period, so it is important to act quickly.
Witness names and contact details
If anyone saw the accident happen, take down their full name, phone number, and email address. Independent witness evidence can be extremely helpful in supporting your version of events, particularly where liability is disputed.
Accident reports, Garda records, and workplace records
Keep copies of any formal accident reports, whether from your employer, a premises manager, or An Garda Siochana. If a Garda attended the scene, note the Garda’s name, station, and any reference number given to you.
Receipts, invoices, and proof of financial loss
Hold on to all receipts and invoices related to your injury. This includes medical bills, pharmacy costs, physiotherapy fees, travel expenses for hospital visits, and any other out-of-pocket costs. If you have lost earnings because the injury prevented you from working, keep records of the time you took off, along with payslips or a letter from your employer confirming the period of absence.
These financial records are needed to calculate the special damages portion of your claim, which covers the actual monetary losses you have suffered.
Step 4: Check the time limit before moving forward
Personal injury claims in Ireland are subject to a strict time limit, known as the statute of limitations. If you do not bring your claim within the time allowed, you lose the right to pursue it entirely.
The general two-year rule
In most cases, you must make your claim within two years of the date of the accident. This is set out in the Statute of Limitations (Amendment) Act 1991. The two-year period applies to road traffic accident claims, workplace injury claims, slip and trip claims, and most other types of personal injury cases.
The date of knowledge
In some situations, an injury may not become apparent until some time after the accident. In those cases, the two-year time limit runs from the date you first knew, or ought reasonably to have known, that you had suffered an injury. This is referred to as the date of knowledge and is particularly relevant in medical negligence claims, where a condition may go undiagnosed for months or even years.
Different rules for children and fatal injury cases
Different time limits apply in certain circumstances:
- Claims on behalf of children: The two-year limitation period does not begin until the child turns 18. A parent or guardian can bring the claim at any time before that, but the deadline is the child’s 20th birthday.
- Fatal injury claims: Where a person has died as a result of someone else’s negligence, the surviving family members generally have two years from the date of death to bring a claim under the Civil Liability Act 1961.
It is always advisable to seek legal advice well in advance of any deadline, because preparing a claim properly takes time.
Step 5: Assess whether the claim is ready to be made
Before a personal injury claim can succeed, certain legal requirements must be met. Understanding these elements in advance can help you and your solicitor decide whether your claim is ready to move forward.
There are three things that must be established in a personal injury claim:
- Duty of care: The person or organisation you are claiming against must have owed you a legal duty to take reasonable care. For example, an employer owes a duty of care to their employees, a driver owes a duty to other road users, and a shop owner owes a duty to customers on the premises.
- Breach of that duty: It must be shown that the other party failed to meet the standard of care that was expected of them. This means they did something they should not have done, or they failed to do something they should have done.
- Causation and damage: The breach must have directly caused your injury, and you must have suffered actual harm as a result, whether physical, psychological, or financial.
If all three elements are present, you are in a position to pursue the claim. A solicitor experienced in personal injury claims can assess the facts of your case and advise you on the strength of your position before you proceed.
Step 6: Make the application to the Injuries Resolution Board
In most personal injury cases, the claim must first be submitted to the Injuries Resolution Board before any court proceedings can be issued. This is a legal requirement under the Personal Injuries Assessment Board Act 2003.
The Injuries Resolution Board is an independent statutory body that assesses the value of personal injury claims. It does not decide who was at fault for the accident. Its role is to review the medical evidence and other documentation and to make an assessment of the compensation it considers appropriate.
Once the application is submitted, the Board will notify the person or organisation you are claiming against (the respondent). The respondent then has the option to consent to the Board’s assessment process or to decline it.
If both parties accept the Board’s assessment, the claim is resolved without the need for court proceedings. If either party rejects the assessment, the Board will issue an authorisation allowing you to bring the matter before the courts.
The Injuries Resolution Board process can help resolve straightforward claims more quickly and at lower cost than court proceedings. However, it is not suited to every case, particularly where liability is in dispute or where the injuries are complex.
Step 7: Begin court proceedings if the claim is not settled through the Board process
If the Injuries Resolution Board process does not result in an accepted assessment, or if the respondent declines to participate, you may need to issue court proceedings to pursue your claim.
Your solicitor will prepare and file the necessary legal documents, and the case will be listed for hearing in the appropriate court, depending on the value of the claim:
- District Court: Claims up to €15,000.
- Circuit Court: Claims between €15,000 and €75,000.
- High Court: Claims exceeding €75,000, including most catastrophic and serious injury cases.
In practice, the majority of personal injury claims are settled before they reach a full court hearing. Settlement negotiations can take place at any stage after proceedings have been issued, including on the day of the hearing itself. Your solicitor and barrister will advise you on any settlement offers and whether they reflect the true value of your injuries and losses.
If the case does proceed to a full hearing, a judge will hear the evidence from both sides and decide on the amount of compensation to be awarded.
Questions people often ask about making a personal injury claim in Ireland
Do all claims have to go through the Injuries Resolution Board?
Most personal injury claims must be submitted to the Injuries Resolution Board before court proceedings can begin. However, there are exceptions. Medical negligence claims are not assessed by the Board. Claims where the respondent has not consented to the process, and certain other categories, may also proceed directly to court. Your solicitor will confirm whether the Board process applies to your particular case.
How long does the process usually take?
The length of time depends on the complexity of the claim, the severity of the injuries, and whether the other side disputes liability. A straightforward claim assessed by the Injuries Resolution Board can be resolved in a matter of months. More complex cases that proceed to court, particularly those involving serious or life-changing injuries, can take several years. Every case is different, and your solicitor can give you a realistic timeframe based on the specifics of your situation.
Do all personal injury claims go to court?
No. The majority of personal injury claims in Ireland are resolved without a full court hearing. Many are settled through the Injuries Resolution Board process, and of those that proceed to litigation, most are settled through negotiation before the trial date. Court proceedings are typically a last resort when an agreement cannot be reached.
Can a claim still proceed if liability is disputed?
Yes. A claim can still proceed even if the other party denies responsibility. Where liability is contested, the matter will usually need to be determined by a court. Your solicitor will gather and present the evidence needed to demonstrate that the other party was at fault. In some cases, contributory negligence may be raised, meaning the other side argues you were partly responsible. Even where contributory negligence applies, you may still be entitled to a reduced award of compensation.
How Tiernan Solicitors guide clients through the process
We understand that making a personal injury claim can feel overwhelming, particularly if you are still dealing with the physical and emotional effects of your injury. At Tiernan & Co. Solicitors, we make the process as straightforward as possible.
From the moment you contact us, we take the time to listen to what happened, explain your legal options in plain, clear language, and give you an honest assessment of the strength of your case. We handle every stage of the claims process on your behalf, from gathering evidence and preparing your application to the Injuries Resolution Board, through to court proceedings if they become necessary.
We keep you updated at every step and make sure you always know what is happening with your claim. Our goal is to take the pressure off you, so you can focus on your recovery while we focus on securing the best possible outcome for your case.
Take the first step today
If you have been injured and believe someone else was at fault, contact Tiernan & Co. Solicitors for an initial consultation. We will assess your situation, explain the process, and let you know where you stand.
Call us on 01-6760988 or request a callback to hear from one of our experienced personal injury solicitors.
