CURRENT LEGAL ARTICLES

Introduction

Most people who need to bring a personal injury claim in Ireland are doing it for the first time, usually while recovering from the injury itself. The process is more structured than it might first appear, and it follows a defined sequence – most claims must pass through the Injuries Resolution Board before they can proceed to court, and strict time limits apply throughout.

This guide sets out that sequence step by step. Along the way, it also flags the points where claimants most commonly lose value in a claim without realising it, because in personal injury cases, the decisions made in the first days and weeks – often before anyone has spoken to a solicitor – tend to matter far more than most people expect. Where that is the case, it is stated directly below, along with what a Cork personal injury solicitor would typically do differently.

If you are unsure whether you have a claim, or whether you are already handling one correctly, Green & Associates Solicitors offers a no-obligation review of your circumstances. Get in touch and we will advise on the options available to you.

Step 1: Seek Medical Attention and Get It Documented

The first step is medical, not legal.

• Attend a GP, hospital, or emergency department promptly, even if the injury seems minor at the time.
• This matters particularly for soft-tissue and whiplash-type injuries, which often present more seriously in the days after an accident.
• The medical record created at this stage becomes central evidence later: it establishes when the injury occurred, its initial severity, and the treatment prescribed.
• Follow through on any recommended follow-up care or specialist referral, since gaps in treatment can later be used to question the extent of the injury.

Step 2: Gather Evidence While It Is Fresh

Evidence quality tends to deteriorate quickly after an accident.

• Photograph the scene, any visible injury, and any contributing hazard (a wet floor, a damaged road surface, defective machinery).
• Note the date, time, and location precisely.
• Get contact details for any witnesses at the scene – accounts from witnesses become far harder to obtain weeks or months later.
• If the accident happened at work, ensure it is formally logged in the employer accident book, since this creates a contemporaneous record independent of your own account.

Why this is where claims are most often quietly weakened. Steps 1 and 2 happen before most people think to involve a solicitor at all, and they are also where the most damage is done to the eventual value of a claim. Photographs go untaken, contact details for a witness are never recorded, or a follow-up appointment is skipped without realising it will later be read as evidence the injury was not serious. None of this is deliberate; it simply is not obvious in the moment which details will matter later. Early legal advice exists largely to catch these gaps while there is still time to fix them, rather than after the evidence is already gone.

Step 3: Identify the Liable Party and Notify Them

Personal injury claims in Ireland generally fall into three categories:

• Road traffic accidents
• Workplace accidents
• Public liability accidents (falls, defective premises, and similar incidents in public or commercial spaces)

Each requires identifying who was at fault – a driver, an employer, or an occupier of the premises – and formally notifying them, or their insurer, that a claim is being considered. Early notification is not just good practice; unreasonable delay in notifying a claim can itself be used to challenge its credibility later.

Liability is rarely as obvious as it first appears. Even where fault seems clear-cut – a driver ran a red light, a floor was left wet without a sign – questions can still arise around:

• Causation – was this accident actually what caused the injury, or did it aggravate something pre-existing?
• Contributory negligence – did the actions of the claimant play any part?
• Identifying the correct legal defendant – not always the person or business it first appears to be.

These issues are far easier to address before a claim is formally lodged than after.

Step 4: Understand the Time Limit That Applies

Under Irish law, a personal injuries action must generally be brought within two years of the date of the accident, or the date of knowledge of the injury if that is later (relevant in cases where an injury is not immediately apparent). This time limit is strict, and claims issued outside it are generally barred regardless of merit – a genuinely strong claim, with clear liability and significant injury, receives no exception simply because it is late. There are limited exceptions – for example, where the injured person is a minor, the two-year period does not begin to run until they turn 18.

This is the single deadline in the entire process that cannot be extended after the fact through good preparation. Confirming exactly when it applies to a specific accident, and exactly what “date of knowledge” means for an injury that developed gradually, is worth doing early, precisely because there is no remedy once it has passed.

Step 5: Apply to the Injuries Resolution Board

Most personal injury claims – arising from road traffic, workplace, and public liability accidents – must first be submitted to the Injuries Resolution Board (formerly PIAB) before court proceedings can be issued. This involves completing an application form, supported by medical evidence of the injury, and paying the relevant application fee. The Board will notify the respondent (the party being claimed against, or their insurer), who then has a set period to decide whether to consent to the Board assessing the claim.

A word on insurers, since this often happens before you even reach this step:

• It is common for an insurer to contact an injured person directly, sometimes within days of the accident, with a settlement offer.
• These offers are made before the full extent of an injury, or its long-term impact, is properly known.
• They are calculated to be attractive precisely because accepting closes the matter quickly.
• Once accepted, a settlement is generally final, even if the injury later turns out to be more serious than first thought.
• Getting advice before responding to any insurer contact costs nothing and preserves every option; accepting an offer first can quietly close off the rest of this process entirely.

Step 6: Assessment, Consent, or Authorisation to Litigate

If the respondent consents, the Injuries Resolution Board will assess the claim and make a compensation offer based on the Personal Injuries Guidelines, which set out recommended award levels for different types and severities of injury. The claimant can accept or reject this assessment. If the respondent does not consent to assessment – which happens in a meaningful proportion of cases, particularly where liability is disputed – the Board issues an authorisation allowing the claimant to proceed directly to court.

Step 7: Deciding Whether to Accept, Negotiate, or Litigate

An Injuries Resolution Board assessment is not compulsory to accept, and it should not be treated as a final word on what the claim is worth.

• Some claimants accept it because it resolves the matter quickly without the cost, delay, or uncertainty of litigation.
• Others reject it – usually on the advice that the assessment undervalues the injury, or because significant losses (loss of earnings, future medical costs, or long-term impact) are not adequately reflected – and proceed to court instead.

This is typically the single point in the process where legal advice has the most direct financial consequence. An assessment can look reasonable to a claimant without legal training while still under-valuing the claim in ways that are only obvious to someone who reviews these assessments regularly. Deciding whether to accept is rarely straightforward without independent input, and it is a decision that, once made, is difficult to reverse.

Step 8: Court Proceedings, If Required

Where a claim proceeds to court – either because the respondent did not consent to assessment, or because the claimant rejected the Board assessment – formal legal proceedings are issued, evidence is exchanged between the parties, and the case proceeds toward settlement or trial. The majority of personal injury claims that reach this stage still settle before a final hearing, but doing so on informed terms depends on the strength of the evidence gathered from Step 2 onward.

What Compensation Actually Covers

Compensation in a successful Irish personal injury claim typically covers two categories:

• General damages – compensation for pain, suffering, and loss of amenity, assessed against the Personal Injuries Guidelines.
• Special damages – quantifiable financial losses that go well beyond the injury itself, which can include:
  • Medical and treatment expenses already incurred
  • Loss of earnings, both to date and into the future
  • The cost of future medical treatment
  • The value of care provided by family members during recovery
  • Other out-of-pocket costs directly caused by the accident

Many claimants only think in terms of the injury itself and are unaware how much of the eventual value of a claim can sit in these additional categories, particularly future loss of earnings and future care costs, which are easy to under-claim without a proper assessment of long-term impact. This is one of the more common ways a claim ends up settled for significantly less than it was actually worth.

Common Mistakes That Weaken a Claim

• Delaying medical treatment or failing to attend recommended follow-up care
• Not reporting the accident formally at the time it occurred
• Missing the two-year time limit through simple inattention
• Accepting an early settlement offer directly from an insurer before the full extent of the injury is understood
• Accepting an Injuries Resolution Board assessment without checking whether it properly reflects future losses

None of these mistakes happen because a claimant did something wrong – they happen because the process is unfamiliar, and the moments that matter most tend to arrive earlier than expected.

Why Handle This Alone When the Cost of Advice Is Rarely the Obstacle People Assume

It is possible to manage every step above without a solicitor – submitting an Injuries Resolution Board application does not require legal representation. But nearly every point in this guide describes a decision that is difficult to get right without having handled it before: what evidence will matter later, how a time limit applies to your specific circumstances, whether an early offer from an insurer or a Board assessment reflects the true value of the claim, and whether liability is as clear as it appears.

A Cork personal injury solicitor at Green & Associates typically becomes involved at exactly these moments, not to take over a process a claimant could manage alone, but to make sure the decisions made along the way do not quietly cost the claim value that cannot be recovered later. Given that so much of the eventual outcome is shaped by what happens in the first weeks after an accident, earlier involvement generally produces a stronger result than advice sought only once something has already gone wrong.

If you are unsure whether you have a claim, or want a second opinion on an offer or assessment you have already received, Green & Associates Solicitors can review the circumstances of your accident and advise on the options available to you, with no obligation. Contact us or call 021 470 8570.

Frequently Asked Questions

How long do I have to make a personal injury claim in Ireland?

Generally two years from the date of the accident, or the date you became aware of the injury if that is later. Different rules apply where the injured person is a minor.

Do all personal injury claims have to go through the Injuries Resolution Board?

Most road traffic, workplace, and public liability claims must be submitted to the Board before court proceedings can be issued. There are some exceptions, and a solicitor can confirm whether a specific claim qualifies.

Do I have to accept the Injuries Resolution Board assessment?

No. You can accept it, or reject it and pursue the claim through the courts instead, typically where the assessment is considered too low or where important losses were not properly reflected.

What if the insurer for the other party contacts me directly with an offer?

Early offers made before the full extent of an injury is known can undervalue a claim significantly. It is generally advisable to have any offer reviewed before accepting it.

How much does it cost to make a personal injury claim?

The Injuries Resolution Board charges an application fee. Solicitor costs vary depending on whether the claim is resolved at Board stage or proceeds to litigation, and this should be discussed and confirmed at the outset of any engagement.

What compensation can I actually claim?

Compensation typically covers pain and suffering (general damages) and quantifiable financial losses such as medical costs and loss of earnings (special damages), assessed with reference to the Personal Injuries Guidelines.

About Green & Associates Solicitors

Green & Associates Solicitors represents claimants across Cork and Ireland in personal injury claims arising from road traffic accidents, workplace accidents, and public liability incidents, from initial Injuries Resolution Board applications through to court proceedings where required.

For related reading, see our guide on unfair dismissal claims and other workplace-related legal matters.

Dylan Green & Associates Solicitors

Horgan Quay, The Waterfront Square, Cork, T23 PPT8

Phone: 021 470 8570

Email: info@greensolicitors.ie

Disclaimer: This article is provided for general information purposes only and does not constitute legal advice. Time limits and procedural requirements can vary depending on the specific circumstances of a claim. Anyone considering a personal injury claim should obtain specific legal advice without delay, given the strict time limits that apply.