What are Personal Injury Claims?
A personal injury claim refers to the legal action taken by a person after being involved in an accident or injured due to the actions or negligence of a third party. These cases vary quite a bit, and range from very serious to minor. A personal injury claim involves the following parties:
- A plaintiff is the person who makes the claim and is seeking payment or retribution for damages they have incurred.
- The defendant is the person who is being claimed against. They are the party who is being accused of causing damages to the plaintiff.
- A solicitor, which is the person, firm, or entity helping the plaintiff in their claim.
- Finally, the Personal Injury Assessment Board is where the claim is assessed. Almost all of the personal injury claims in Ireland are analysed by the board before the next steps are considered.
Types of Injury Claims
- Cycling Accident Claims
- Accidents Involving Children
- Spinal and Back Injuries
- Head and Brain Injuries
- Post Traumatic Stress
- Accidents Abroad
- Road Traffic Accidents
How to Make a Personal Injury Claim
Personal injury claims in Ireland are required by law to start with the Injuries Board. Before you bring the case to them, the first step is to work with a solicitor on the details of the case, ensuring that the process runs as smoothly as possible. The solicitor gathers documents, medical reports, and evidence to submit to the Injuries Board. This includes obtaining a medical report from doctors and hospitals. Then the solicitor will prepare the application and submit it to the Injuries Board.
What Is the Time Limit to File a Personal Injury Claim?
The personal injury claim time limit dictates how long an individual has to make a claim. While the limits are typically explained in the statute of limitations, generally a person has two years from the date of knowledge of the injury to bring forward a claim. If you wait longer than that, it could greatly affect the case.
This “date of knowledge” is the date in which the person was aware that they suffered injuries. A date of knowledge shows when the plaintiff knew that the injury was significant, caused by negligence, and at the fault of a party in which they know the identity. While this date is most often the day of the injury, it can be delayed by the fact that some injuries don’t present themselves until after the incident has occurred. Even if the victim becomes aware of the damages after two years, the case may not be fruitful.
How Long Does a Personal Injury Claim Take?
While each case is different, the personal injury claim timeline generally goes from nine to 15 months to get through the case. It may sound like a long time to wait but as far as the courts go it is relatively short. Before you know it, you will be talking about the amount of compensation you will receive for your troubles. If everything goes according to plan, you will be able to get what you need for the medical bills you had to pay for and for the troubles you have had during the process of the injury and court case.
What is the Contributory Negligence?
When the act of a person making the claim causes the accident, this is known as contributory negligence. Essentially this means that if you had any involvement in the cause of the accident, your injury claim may be nullified. This can impact the outcome significantly.
If you were in any way at fault for the accident that caused your injury, you may not receive the compensation that you feel entitled to. A good example of this is a car accident where you were hit, but you weren’t wearing your seatbelt. This would obstruct your claim. On the other end, a personal injury claim can also cost the plaintiff if the case doesn’t work out the way they want it to. There is no reason to allow this to get in the way of your case if you believe you are owed compensation. With our firm, you have a no win, no fee deal.
Personal Injury Claim Compensation Amount
Compensation for personal injury claims varies depending on a variety of factors. These include how bad the injury is, how much the hospital bills are, how long you suffered, and whose fault it was that the accident occurred. There are a lot of different factors that go into if you will win the case and how much money you will get from it. This will all become clearer as we work on your personal injury claim.
What is the Book of Quantum?
Created by the Board of Injuries, the Book of Quantum offers an outline of how much an individual may be rewarded in a claim. The book offers figures on settlements from various cases over the years, all of which are based on real compensation. It also assesses specific injuries in terms of severity and recovery time. The Book of Quantum acts like a guide for injuries and possible settlements for medical bills, loss of earnings, out of pocket expenses, travel costs, and more.
Why Choose McGinley Solicitors?
Established in 1988, McGinley Solicitors has experience in every aspect of the personal injury claims process and has become a leading firm in this field. McGinley has offices in Dublin and Donegal, providing three locations to meet and speak about your case. With your personal injury claim in Ireland, we take on the full gamut of cases and have experienced all the different ways these cases can play out.
Not only can we help you determine how long a personal injury claim will take, we can provide answers on the possible outcome of the case and how much compensation you may receive. Furthermore, McGinley takes a hands-on approach, offering the legal assistance you need. Whether if you’ve been in an accident, or seeking commercial advice, McGinley can provide the professional approach necessary to win your personal injury claim and move on with your life. If you’re ready to talk with one of our personal injury solicitors, give us a call at 1890 998 969 or fill out our short online claim form today.