If you are suffering from an injury, physical or psychological from an accident that occurred because of another party, you may be entitled to compensation. These accidents can happen at work, in a public place, road accidents etc.
What is classed as Personal Injury?
A Personal Injury Claim arises from injuries sustained to the body which include physical and psychological. A person has two years from the date of your accident within which to make a claim after which your claim will be statute barred.
What is the claims procedure?
Most compensation claims for personal injuries in Ireland will go through the Personal Injuries Assessment Board. The Injuries Board will independently assess how much compensation should be awarded when plaintiffs have been injured. Liability for their injuries is not contested. An application is made to the Injuries Board with a “Form A”. This will include a medical report from a GP or Doctor from the surgery/practice you first attended with after the accident. The Injuries Board then contacts the respondents to get their consent to assess the claim and if this has been received, they will calculate how much compensation the claimant is entitled to receive. This is based off the Book of Quantum. If the Injuries Board assessment is accepted by both parties an “Order to Pay” will be issued by the Injuries Board. The matter will then be concluded.
If the person named as the negligent party refuses to consent for an assessment to be conducted by the Injuries Board, your solicitor will receive an Authorisation to pursue their claim through the courts. This does not always mean that your case will be heard before the court. Your Solicitor will issue court proceedings on your behalf and liaise with the Solicitor for the other side and aim to get the best outcome for you.
What about child injuries?
The steps taken when a child is involved in a personal injury accident are similar to that of an adult. Normally a parent or guardian will claim on behalf of the injured child as their Next Friend. They will sign all necessary paperwork on behalf of the child. For children, a parent or guardian can commence a personal injury claim for their child until their 18th birthday. A child then has a further two years from the date of their 18th birthday to take a claim for themselves. However, with all personal injury claims we advise seeking legal advice as soon as possible. If the claim is successful, the settlement offer will have to be Ruled by the court, The court will have the final say as to whether the settlement offer is sufficient to compensate the child. Then the claim monies awarded to the child will be lodged in Court until they reach the age of 18.
If you have any questions about you or your child’s accident claim, contact one of our Solicitors today.
