Claims Guide

CLAIMS GUIDE

* PERSONAL INJURIES CLAIMS GUIDE – Personal Injury Solicitors Dublin

DO I HAVE A CASE?

The first step in the process is to contact an experienced personal injury solicitor. At your initial consultation your solicitor will discuss your potential personal injury claim and provide you with advice as to the best course of action to take.

TIME LIMITS- HOW LONG DO I HAVE TO MAKE A CLAIM FROM THE DATE OF MY INJURY?

If you do not make your personal injury claim within a certain length of time from the date you suffered injury your may lose your right to make a personal injury claim. Under the law a person has two years from the date they suffered injury to make a personal injury claim or two years from the date of knowledge that they suffered injury, for example if a person had dental work carried out negligently causing them injury they may not know that they suffered injury for many months after the procedure. There are a number of exceptions to this two years rule, for example: Where a person suffers an injury in an accident prior to reaching the age of 18, they will have two years from the date of their 18 birthday in which to make a claim for their personal injury.

WHO DO I TAKE MY CASE AGAINST?

Knowing exactly who to sue is not as straight forward as it may seem and it is essential that proceeding are issued against the correct person(s) or company. In some cases there may be a number of potential defendants or a defendant maybe a company or person trading under a business name. In road traffic case where the guilty party does not have insurance or cannot be traced it would be necessary to name the Motor Insurers Bureau of Ireland (MIBI) as a defendant along with the person who is responsible for the accident.

CONTRIBUTORY NEGLIGENCE

In many cases the person found responsible for the injuries caused may not be entirely to blame and the courts will determine whether or not the person that suffered injury has contributed to injuries/ circumstances in which they were caused. For example if a vehicle hit the rear of your car while you were driving same and you were not wearing your seatbelt and you suffered injury. The court my decided that you contributed to the injuries you sustained by not wearing your seatbelt, this is referred to as contributory negligence. The court will apportion the blame in these cases between the person making a personal injury claim and the person and the party defending same. In these cases the court will determine a percentage of contributory negligence on behalf of the personal making the claim. If the court determined, for example, that the person making the personal injury claim was 20% at fault then they would reduce the amount to be awarded to them by 20%.

THE INJURIES BOARD PROCESS

The Injuries Board deals with most Personal Injury Claims, with certain exceptions such as Personal Injuries arising out of Medical Negligence. The Injuries Board does not concern itself as to who was right or wrong in relation to an accident, it simply processes the claim and makes an assessment, the assessment is an amount of monies the Injuries Board believes a person's claim is worth this would include an amount for pain and suffering and could also include an award for out of pocket expenses, loss of earning etc. A person making a claim through the Injuries Board process must include a medical report with their Injuries Board application. The person making the claim will have to pay €45 to the Injuries Board to have their claim processed while the insurance company pays in excess of €600.

While a person making a claim has no alternative other than to submit their Claim to the Injuries Board, it is completely at the discretion of the person defending the claim as to whether or not they want to reject the Injuries Board process. It should be remembered that even in cases where person/ insurance company decides to allow the case progress through the injuries Board process they may not be accepting liability and if the case is subsequently not agreed between the parties through the Injuries Board process liability may still be at issue, in other words they may argue that they are not responsible for the accident that caused the injuries, despite have gone through the Injuries Board process, this could happen for example where an insurance company believes that the injuries board as given to high an amount of money in its assessment to the injuries party.

Once the injuries board have received an application they will contact the person against whom the application is made that person/ insurance company then has 90 days to decide whether they wish to have the Personal Injuries Board assess the claim or if they would prefer to allow the matter to be brought before the courts. Once they have accept the injuries board process at any time during that 90 period the Injuries Board then have 9 months within which to assess the claim, however , this period can be extended by another 6 Months.

At the end of the Injuries Board process; at the time the assessment is made, it is up to both the Person making the claim and the person to whom the claim was made against to decide whether or not they wish to accept the award given. If both parties accept the Injuries Board assessment then; and in that event the person defending the claim will pay the amount awarded to the person making the claim; and the matter will be at and end. However, if the party against whom the claim is made believes the Injuries Board assessment is high or if the person making the claim believes that the assessment does not cover their loss, it is open to them to reject the assessment. It is then open to the person making the claim if they wish to further pursue the matter by bring their case to court.

HOW MUCH IS MY CLIAM WORTH?

The value of a Personal Injury Claim depends on a number of factors. Remember each claim is unique and is assessed on its own merits. While the assessing of a claim is not an exact science, the following a number of the factors considered:

1. The nature and severity and the expected recovery time of the injuries sustained
2. The age, sex and occupation of the person making the claim
3. the medical cost associated with the injuries
4. Any loss of earning as a result of the injuries and any out of pocket expenses.

*In contentious business, a Solicitor may not calculate fees or other charges as a percentage proportion of any award or settlement.