CURRENT LEGAL ARTICLES

Introduction: Understanding Your Rights After an Injury

A personal injury claim is a legal process that allows you to seek compensation if you have been injured due to someone else’s negligence. These injuries may be physical, psychological, or financial in nature.

When an accident disrupts your health, work, or daily life, knowing your rights is essential. In Ireland, personal injury claims are governed by a structured legal framework, and most cases must first be submitted to the Personal Injuries Resolution Board (formerly PIAB).

At Green & Associates Solicitors, we guide clients through this process with clarity, precision, and strong legal advocacy, ensuring every case is strategically prepared and fully documented from the outset.

What Does a Personal Injury Claim Cover?

Personal injury law applies where harm has been caused by another party’s failure to take reasonable care. Claims commonly arise from:

● Road Traffic Accidents

Injuries sustained as a driver, passenger, cyclist, motorcyclist, or pedestrian. This includes rear-end collisions, hit-and-run incidents, and accidents involving uninsured or untraced drivers. In cases involving uninsured or unidentified drivers, claims may be pursued through the Motor Insurers’ Bureau of Ireland (MIBI).

● Workplace Accidents

Employers are legally required to provide a safe working environment. Claims may arise due to unsafe work systems, lack of training, defective equipment, exposure to hazardous substances, or manual handling injuries.

● Accidents in Public Places

Often referred to as public liability claims, these involve injuries occurring in shops, restaurants, footpaths, car parks, or other public areas. Common causes include slips on wet floors, uneven surfaces, or falling objects.

● Defective Products

Where a consumer product is unsafe or faulty and causes injury.

● Psychological Injuries

Trauma, stress-related conditions, and other medically recognised psychological injuries may form part of a claim when supported by appropriate evidence.

● Medical Negligence

Injuries resulting from substandard medical care, misdiagnosis, surgical errors, or medication mistakes. (These cases are typically managed by specialist legal teams.)

Every claim is unique. Proper legal assessment ensures that the full impact of your injury — physical, emotional, and financial — is carefully considered.

The Legal Framework in Ireland

Most personal injury claims in Ireland must first be submitted to the Personal Injuries Resolution Board for assessment. The Board evaluates the claim and recommends a compensation figure based on the Judicial Council Personal Injuries Guidelines introduced under the Judicial Council Act 2019.

However, certain cases, particularly complex claims such as many medical negligence actions, may not be suitable for assessment by the Board. In such circumstances, the Board may decline to assess the claim and issue an Authorisation, permitting court proceedings to be commenced.

If both parties accept the assessment, the matter concludes at that stage. If either party rejects the assessment, an Authorisation will issue, allowing court proceedings to be commenced.

Recent decisions of the Supreme Court of Ireland have reinforced the importance of strict procedural compliance and accurate documentation when pursuing claims. This makes early legal advice particularly important.

The Personal Injury Claims Process: What to Expect

Understanding the steps involved can make the process far less daunting.

Step 1: Initial Consultation

We assess your circumstances, review how the accident occurred, and advise whether you have a strong legal basis for a claim.

Step 2: Gathering Evidence

Medical reports, accident reports, witness statements, and proof of financial losses are compiled. Strong documentation is crucial to securing fair compensation.

Step 3: Submission to the Personal Injuries Resolution Board

We prepare and submit the required application and supporting documentation on your behalf.

Step 4: Assessment or Litigation

You may:

• Accept the Board’s assessment, or
• Reject it and proceed to court if necessary.

While many claims resolve without a full court hearing, we prepare every case thoroughly from the beginning to protect your position.

How Long Do You Have to Make a Claim?

Different limitation rules apply to minors (persons under 18 years of age). In such cases, the two-year time limit generally begins when the child reaches 18 years of age. A parent or guardian may also bring a claim on behalf of a minor before that time.

• The date of the accident, or
• The date you first became aware of the injury.

Failing to act within this statutory time limit can prevent you from pursuing compensation. Seeking legal advice early helps safeguard your rights.

How Compensation Is Calculated

Compensation typically falls into two categories:

• General damages — for pain and suffering.
• Special damages — covering financial losses such as medical expenses, rehabilitation costs, and loss of earnings.

If the injured party contributed to the accident, a court may reduce the amount of compensation awarded.

Why Legal Representation Matters

Insurance companies may try to settle claims early, before you fully understand the true extent of your injury.

✓ Accurate valuation of your claim
✓ Protection against unfair settlement tactics
✓ Compliance with all procedural requirements
✓ Strong negotiation and courtroom advocacy if required

At Green & Associates Solicitors, we provide clear, straightforward guidance at every stage. We prepare cases carefully, communicate in plain language, and act firmly to protect our clients’ interests.

Contact Green & Associates Solicitors

If you believe you may have a claim, we recommend seeking legal advice as early as possible. Early action helps preserve evidence and ensures compliance with strict procedural deadlines.

Call us today:
021 4708570
089 445 3749

Email:
info@greensolicitors.ie
dg@greensolicitors.ie

Website: Dylan Green & Associates Solicitors

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Personal injury law in Ireland is subject to change through legislation and court decisions. The outcome of any claim depends on the specific facts and evidence involved.

If you believe you may have a claim, you should consult a qualified solicitor to obtain advice tailored to your individual circumstances. Reading this article does not create a solicitor-client relationship.