If you or a loved one has been injured in an accident that was someone else’s fault, you may be able to make a personal injury claim and get compensation. This compensation can cover your pain and suffering, medical expenses, loss of earnings and any other costs incurred as a result of the injury.

 

Proving that the accident was someone else’s fault and gathering the evidence to support your claim can be complicated. Working with a personal injury lawyer can make the whole personal injury claim process far less stressful and help to ensure that you get all the compensation you deserve. A good starting point is to use our personal injury compensation calculator to get an estimate of how much you may be able to claim.

 

Who can make a personal injury claim?

 

There are a few basic criteria for making a legitimate personal injury claim. The most common type of claim is made by an adult, over the age of 18, who has suffered injuries due to someone else’s negligence. This type of claim is made directly by the person who was involved in the accident.

 

It is also possible to claim on someone else’s behalf if they are unable to make the claim themselves. This is the case with children under the age of 18 or anyone who is mentally incapacitated and unable to make decisions for themselves. In these cases, a parent, legal guardian or someone appointed as their ‘committee’ can make a claim on their behalf.

 

If a loved one has been involved in an accident that resulted in their death, their next of kin or dependents can make a wrongful death claim and claim for damages on behalf of their estate. This typically includes spouses, children, parents and other close family members who relied on the deceased for financial support. In some cases, you can even claim compensation for pain and suffering experienced by the deceased before their death.

 

To know whether you’re eligible to make a personal injury claim either for yourself or on behalf of someone else, the simplest thing to do is to get in touch and talk through your accident with us. We’ll be able to assess your situation and help you understand whether you have grounds for a claim.

 

How are compensation amounts calculated?

 

In Ireland, compensation laws allow personal injury claims to be calculated based on a combination of factors, primarily the type and severity of the injuries and the impact on the injured person’s life. Both economic and non-economic losses will be considered as part of this and the calculation process aims to provide fair and reasonable compensation.

 

The main factors that contribute to the calculation of compensation amounts include:

 

Nature and severity of injuries

One of the first things looked at in the claims process is where on your body your injuries occurred and how severe they are. More severe injuries, such as permanent disabilities or traumatic brain injuries, align with higher compensation amounts.

 

Medical expenses

Medical expenses can include specialist treatment, hospital stays, surgeries, medications, therapy and rehabilitation. These tangible costs are relatively straightforward to calculate but make sure that you keep records and receipts of everything to back up your claim.

 

Loss of earnings and future earning capacity

Loss of income is fairly easy to quantify as it has already happened. Future earning capacity can be more difficult as it needs to take into account things like career prospects, promotions and advancements.

 

Pain and suffering

Non-economic damages, such as pain, suffering and emotional distress, are more challenging to quantify as it’s so subjective. Compensation for pain and suffering is estimated according to the severity of the injuries and their impact on the person’s quality of life and is often based on precedents set by historic cases.

 

Loss of enjoyment of life

Another cost that’s very hard to quantify is the loss of enjoyment of activities and hobbies that the injured person can no longer participate in due to their injuries. For example, if you were a keen amateur netball player and part of a team playing every week, then not being able to do this would have a big impact on your enjoyment of life.

 

Psychological and emotional distress

Being involved in an accident can be traumatic and many people find they are left with the psychological effects long after physical wounds have healed. In some cases, compensation can be offered for psychological and emotional distress including anxiety, depression and post-traumatic stress disorder (PTSD).

 

Disfigurement and scarring

Compensation might be awarded for visible scars or disfigurement resulting from the accident, especially if they have a significant impact on the person’s appearance and self-esteem.

 

Care and assistance

If your accident was so severe that you need ongoing care, you may be able to claim compensation that covers these current and future costs.

 

Age and life expectancy

This isn’t something that everyone would think of, and isn’t nice to consider, but the age of the injured person and their life expectancy can sometimes affect the amount of compensation they get. Younger claimants with longer life expectancies may receive higher compensation due to the longer duration of impact.

 

Legal precedents

Legal precedents from previous cases with similar circumstances are useful as they can provide benchmarks for compensation amounts. Courts and lawyers may refer to these precedents when calculating compensation.

 

Remember that compensation calculations can be complex and will vary significantly based on individual case details. If you’re pursuing a personal injury claim, consulting a qualified lawyer is recommended to ensure that your compensation amount accurately reflects the impact of your injuries and losses. You can also use our compensation calculator to give you an idea of what you might be entitled to.

 

Common types of personal injury claims

 

Personal injury claims in Ireland vary hugely, from simple road traffic accidents where it’s clear who’s at fault through to complex incidents at work where it’s harder to work out exactly what happened and who is to blame.

 

Personal injury claims might include:

• Car accident claims – These may include collisions between vehicles or accidents involving pedestrians or bicycles.
• Slip and fall claims – This would be any kind of injury sustained due to slipping and falling, perhaps on hazardous or improperly maintained surfaces such as wet floors or icy or uneven pavements. These are often categorised as contributory negligence.
• Workplace injury claims – This is one of the most common categories as it can be so wide-ranging. They essentially relate to any injuries suffered in the workplace, including accidents caused by inadequate safety measures, defective equipment or hazardous conditions.
• Work-related illness claims – Slightly different from work injury claims, this category includes illnesses or health conditions that develop because of exposure to hazardous substances at work, for example, diseases linked to asbestos exposure.
• Medical negligence claims – These are specifically any injuries resulting from medical errors. That could include misdiagnoses, surgical mistakes or any other forms of medical negligence.
• Public liability claims – If you’ve had an accident in a public place or local authority building due to negligence, lack of maintenance or inadequate safety measures then this might fall under public liability claims.
• Construction site accidents – Another type of workplace injury claim, this one is specific to injuries suffered on construction sites due to unsafe working conditions, lack of protective equipment or inadequate training.
• Farming and agricultural accidents – Your claim would fall under this category if your injuries happened on farms or in agricultural settings. This includes accidents involving machinery, animals or hazardous substances.

 

This list is by no means exhaustive, but it can give you an idea of the kind of accidents that could result in a personal injury claim. If you’ve had an accident that wasn’t your fault but that isn’t included on this list, that doesn’t mean you won’t be able to make a claim.

 

The best thing to do if you’ve been involved in any kind of accident is to contact a personal injury lawyer as soon as possible. They will be able to look at the circumstances of your accident and help you decide whether or not to pursue a claim.

 

The role of a personal injury lawyer

 

Being involved in any kind of accident is stressful. Not only are you having to deal with the physical injuries, but you may experience trauma or shock, not to mention having to deal with medical bills and the worry about loss of earnings or impact on family finances.

 

We get it. Our role as personal injury lawyers is to take away as much of this stress as possible by handling your personal injury claim from start to finish and to make sure that you get everything you’re entitled to, including recouping out-of-pocket expenses and future loss of earnings. Personal injury law is complicated, so don’t add to your stress by trying to navigate it alone.

 

The full personal injury claim process has several stages, and we can help you with every one:

 

Navigating the legal landscape

Without a personal injury lawyer, you’d have to become an expert overnight and be able to understand the laws, regulations, and precedents that apply to different types of accidents and injuries.

 

This is not only unrealistic but it’s unnecessary. You wouldn’t take it upon yourself to become an expert in dentistry if you needed a filing. The same applies to personal injury law. We already have the expertise and knowledge so you don’t have to.

 

Investigating the facts

One of the key responsibilities of a personal injury lawyer is to investigate the facts surrounding the accident to make sure that you have all the evidence you need. As the victim, you may not even be aware of what evidence you need to support your claim, so we can guide you through this.

 

It may involve gathering evidence, interviewing witnesses, examining medical records, and reconstructing the sequence of events. By meticulously piecing together the details, we can build a strong case that should help you get the compensation that you’re entitled to.

 

Establishing liability

In personal injury cases, establishing liability is crucial. It’s not as simple as you just saying, ‘it was somebody else’s fault’. We have to be able to show beyond doubt that the responsible party had a duty of care, that they breached that duty through negligence or wrongful actions and that as a result, they directly caused the injuries.

 

A skilled personal injury lawyer will have the expertise to identify the elements of negligence and clearly show the defendant’s liability.

 

Calculating damages

Determining the appropriate compensation for a personal injury claim involves assessing the damages suffered by the injured party. This includes not only economic damages like medical expenses and lost wages but also non-economic damages such as pain and suffering, emotional distress and loss of enjoyment of life.

 

It can even include projected future costs like potential ongoing loss of earnings. We can calculate all of this for you based on precedent.

 

Negotiating with insurance companies

The insurance companies handling the compensation claims on behalf of the responsible party will not want to pay out. As harsh as it sounds, their interest is in their bottom line, not how your accident has impacted your quality of life.

 

Personal injury lawyers are skilled negotiators who can deal with insurance adjusters on your behalf, securing the best possible settlement for you without you having to go through the stress of negotiations yourself.

 

Litigation and court representation

While many personal injury claims are settled out of court, some cases may require litigation to reach a resolution. If this is the case for you, a personal injury lawyer is even more valuable as a courtroom can be an intimidating and overwhelming environment.

 

We can navigate the complexities of the personal injury claim process, present evidence, question witnesses and advocate for your rights before a judge and jury.

 

Support and empathy

While we have the professional expertise to support your case at every stage, we recognise that often it’s not just about paperwork and legal proceedings – often what you need is someone to simply listen and appreciate what you’ve been through.

 

We understand the emotional toll that injuries can take and provide guidance, reassurance and a listening ear throughout the process.

 

Using our compensation claims estimator

 

Our compensation claims estimator provides a comprehensive range of potential payments based on injuries to different parts of the body and varying degrees of severity. It’s a good place to start if you have had an accident that wasn’t your fault and want to get an idea of how much you may be able to claim.

 

It’s important to keep in mind that these figures are meant as a guide, not a guarantee of what you may be able to claim. They also relate only to pain and suffering, so if you have had additional expenses to pay for as a result of the injury, such as ongoing medical costs, or you’ve lost income or expect to lose income in the future, they should be added on top.

 

Let’s walk through an example to show you how the accident claims calculator works.

 

Let’s say that you were involved in an accident at work that wasn’t your fault and you want an idea of how much you may be able to claim. The first step is to identify the area of your body that the injury relates to. If you have sustained an injury to your arm for instance then you would go to the section for arm injuries.

 

Next, assess the severity of the injury based on the criteria given in the personal injury claims estimator. There is a range of potential payouts depending on how serious your accident is, spanning from €5,000-€20,000 for minor arm injuries to €300,000-€475,000 for the loss of both arms.

 

If you sustained injuries to more than one part of your body, simply work through the compensation calculator again, adding together the amounts for each injury. If for example you sustained a minor arm injury, lost one front tooth and had deep lacerations to your hand you would be looking at:

 

• €5,000-€20,000 for a minor arm injury
• €3,500-€8,500 for the loss of one front tooth
• €10,000-€25,000 for moderate hand injuries, including crush injuries, penetrating wounds, soft tissue injuries and deep lacerations.

 

For the three injuries, you could expect to receive somewhere between €18,500 and €53,500.

 

As you can see, there is still significant variation within each severity category and when you add up multiple injuries this gives a wide potential outcome. A final decision cannot be guaranteed but a personal injury lawyer can assess your case and provide a more bespoke estimate.

 

Frequently asked questions about compensation claims

 

What is a personal injury compensation claim, and how does it work in Ireland?

A personal injury compensation claim is a legal process through which an individual seeks financial compensation for the physical, emotional, and financial losses they have suffered as a result of someone else’s negligence or wrongdoing. In Ireland, a large number of personal injury claims are dealt with through the Personal Injuries Assessment Board. Incidents can include car accidents, workplace accidents, medical malpractice, slip and fall incidents and more.

 

How can I determine if I’m eligible to make a personal injury claim?

Several factors will determine whether or not you can make a claim, including the nature and severity of your injuries, when the accident occurred and whether or not it was your fault. If you think you may have grounds for a claim then get in touch and we can make an assessment of your circumstances and let you know whether you may be due compensation.

 

What types of injuries qualify for compensation in Ireland?

A wide range of injuries can be eligible for compensation depending on how serious they are and the impact they have on your day-to-day life. This includes fractures, broken bones, concussions, whiplash, burns or internal injuries. You may also be able to make a claim if you have experienced emotional distress, anxiety, depression, post-traumatic stress disorder (PTSD) or other mental health issues caused by the trauma of your accident.

 

Can I use a personal injury compensation claims estimator to calculate my potential settlement?

Yes, using a personal injury compensation claims estimator can give you an idea of how much you might be eligible to claim. Remember it should only be used as a starting point – the exact amount of your potential settlement will depend on the details of your accident and the severity of your injuries. A personal injury lawyer can give you a more accurate estimate.

 

How accurate are online personal injury compensation calculators?

No online personal injury compensation calculator should claim to give a 100% accurate figure as a lot more goes into assessing a claim than a simple tool can process. What accident compensation calculators can do is to give you an idea of the amounts you should be thinking about. Final figures will vary depending on personal circumstances.

 

What are the key factors considered in calculating a personal injury compensation amount?

First and foremost an assessment will be based on the type of injury you have sustained. This gives a benchmark that calculations will start from. Other factors will then be considered including how serious the injuries are, how much impact they have on your day-to-day life and ability to work, and whether or not you hold any of the blame. Additional costs that you’ve incurred as a result such as medical bills and loss of earnings will also be taken into account.

 

How long does it typically take to settle a personal injury claim in Ireland?

We’d normally expect claims to be settled in anything from nine to 15 months, although this is very much subject to change and you shouldn’t rely on a set date for completion. It’s difficult to put an exact timeframe on personal injury claims as individual circumstances can vary so significantly.

 

Do I need a lawyer to file a personal injury compensation claim?

It’s not a legal requirement to have a lawyer to make a personal injury claim, but it can be risky to go it alone. Personal injury law can be complex and it can be difficult to understand what’s required of you and what your eligibility for compensation might be. A personal injury lawyer provides expertise and can guide you through the claims process, helping with everything from gathering relevant evidence to leading negotiations.

 

What are the common mistakes to avoid when pursuing a personal injury claim?

Many claims fail because of a few common mistakes. One of the easiest to make is not documenting everything properly. Keep clear records of everything relating to the case, from the accident itself to any physical evidence such as damaged clothing. Seek medical attention as soon as the accident happens, even if you’re not sure how badly you’re injured, and go back again should your condition change or worsen at any point. Most importantly, be honest. Do not try to exaggerate or misrepresent events as this can damage your claim when discovered.

 

Can I make a claim if the accident was partly my fault?

Yes, you may still be able to make a personal injury claim even if the accident was partly your fault. This is known as contributory negligence. It does make your compensation calculation more complex, as it will depend on how much of the blame falls on you, and it’s important to be honest from day one about your part in the accident. If you try to hide your involvement and it comes to light later on, this may result in your claim being nullified. The assessment of how much compensation you can claim will be based on evidence like witness statements and expert opinions.

 

What evidence do I need to provide to support my personal injury claim?

As much as possible. Anything that may be relevant in even the smallest way is worth keeping and documenting, including photographs or sketches of the accident scene, witness statements, police reports, medical reports and expert opinions. You can also provide broader evidence for context such as employment records if your accident happened at work or CCTV footage. Keep records of all expenses associated with the accident such as medical bills and proof of loss of earnings.

 

How are pain and suffering calculated in a personal injury compensation claim?

Sometimes a formula will be applied to try to quantify pain and suffering, such as awarding a fixed amount per day or applying a multiplier to economic damages. This is a difficult one to quantify as pain is subjective – it’s not as simple as looking at bills and loss of earnings and attaching a figure. The assessment will be based on all the available evidence and with reference to similar historic cases.

 

What if my injury worsens over time? Can I still adjust my claim?

Yes, if you file a claim but later realise that your injuries are more severe than you initially thought, you may be able to amend your claim. You should seek medical advice as soon as possible for the changes in your injury, as you’ll need to be able to provide updated medical reports. Contact us as soon as you notice the change and we can talk you through the best way to proceed.

 

How does the Personal Injuries Assessment Board (PIAB) work in Ireland?

The Personal Injuries Assessment Board (PIAB), also known as the Injuries Board, is an independent government body in Ireland, set up to provide a quicker, simpler alternative to taking a claim to court for certain types of accidents, including car accidents and workplace accidents. Both parties need to agree to use the PIAB and if either party rejects the PIAB’s recommendation, which is based on evidence provided by both sides, then the claimant can still pursue legal action through the court system.

 

Are there any time limits for filing a personal injury claim in Ireland?

Yes, Irish personal injury law has a statute of limitations. You normally have two years from the date of the injury or from the date you became aware of the injury to start legal proceedings. We suggest you contact us as soon as possible after the injury to make sure you don’t miss any important deadlines.

 

What fees are involved in pursuing a personal injury claim with a lawyer?

In Ireland, compensation laws allow the fees for personal injury claims to be structured in a few different ways – an hourly rate, a fixed fee, a percentage of compensation or a ‘no win, no fee’ arrangement, formally called a conditional fee agreement (CFA). You may also need to cover disbursement costs, expenses related to your case, such as court fees, medical report fees and expert witness fees. Before you choose a personal injury lawyer, get a clear understanding of how fees will be calculated so you don’t get any surprises later on. Get in touch and we can talk you through our fees.

 

Can I make a claim on behalf of a child or a mentally incapacitated person?

Yes, if a minor or mentally incapacitated person has been injured in an accident that wasn’t their fault then it is possible to make a claim on their behalf. A personal injury lawyer with experience in claims of this type can advise you on the specific process.

 

What should I do if the responsible party’s insurance company contacts me?

If they contact you directly we advise caution and that you contact your personal injury lawyer immediately. They will be able to advise you on how to respond and what information to share or will handle the communication on your behalf.

 

How can I find a reputable personal injury lawyer in Ireland?

Take some time to research your options, read reviews and ask for recommendations from people you trust before you commit. Look at track record. McGinley Solicitors LLP has been representing clients all across Ireland for more than 30 years and has successfully won over €16 million in compensation claims. You can also check online legal directories. Websites like the Law Society of Ireland can help you find reputable personal injury lawyers in Ireland.

 

What legal rights do I have if I’m unhappy with the settlement offer or the handling of my claim?

Your first step should be to discuss your concerns with your current lawyer. They’ll explain the details of the settlement offer and answer any questions. If you believe the settlement offer is inadequate, you might decide to ask your lawyer to negotiate further. Skilled negotiation can sometimes get you a better offer. If you have doubts about your specific lawyer’s handling of your case, you can seek a second opinion, or file a complaint with the relevant legal authority. In Ireland, this is the Law Society of Ireland, which regulates solicitors.

 

How to get professional assistance

 

Although personal injury law can feel complex, don’t be put off making a claim because it seems overwhelming – that’s what we’re here for.

 

Our team of experts at McGinley Solicitors LLP can be with you every step of the way, from helping you gather evidence of your accident through to negotiating a payout. We have years of experience dealing with personal injury claims, so you never have to feel like you’re on your own.

 

If you think you might have a claim then get in touch today and one of our advisors will be happy to chat to you about how we can help.