Claiming Compensation for Injuries in Ireland
In Ireland, compensation for injuries can be claimed when a personal injury* has been sustained in an accident for which the victim was not entirely to blame. However, Irish claims law requires certain other criteria to be met in order for compensation claims for injuries to be made.
Compensation for injuries can only be claimed when an accident has resulted in a personal injury* being sustained, and when the accident was the result of third party negligence. The negligent third party could be another road user, an employer or a medical practitioner. In some cases compensation for injuries is claimed against a local authority, health service or multi-national company. Even when the negligent party is unknown, you may still be entitled to claim compensation for injuries in Ireland.
Compensation for Injuries in Ireland and the Injuries Board
Claiming compensation for injuries in Ireland was made faster and easier with the formation of the Injuries Board in 2006. Before its introduction, claims for compensation for injuries in Ireland were notoriously slow and expensive — meaning that only those who had patience and deep pockets would get the compensation they were entitled to.
The Injuries Board streamlined the claims process, and now evaluates claims for compensation for injuries. Only when liability for an injury is contested, the amount assessed by the Injuries Board is disputed or when a claim needs to be decided by professional opinion will the Injuries Board pass a claim over to the courts for resolution. Even though compensation claims for injuries which are submitted to the Injuries Board for assessment do not need to be made using a personal injury* solicitor, over 90 percent of claimants still chose to use one.
Those claims for compensation in Ireland which are declined by the Injuries Board will be resolved through negotiation or court action. Approximately two-thirds of all compensation claims for injuries in Ireland are resolved using these two alternatives and, to ensure you receive your maximum entitlement to compensation, it is best to introduce a solicitor at the earliest possible stage of your claim.
Why Use a Personal Injury* Solicitor to Claim Compensation for Injuries?
The majority of compensation claims for injuries in Ireland are made with professional legal representation. Although the Injuries Board will still assess injury settlements and cannot be bypassed except in disputed claims, a claim for compensation for injuries pursued by a personal injury* solicitor will be thoroughly researched before submission, and the strongest possible case is presented.
How much compensation for injuries you will be entitled to will depend on the severity and extent of your injuries, the effect it has made on your quality of life and those around you and what the financial cost of your injury has been. A personal injury* solicitor will take into account any emotional trauma that has been experienced when calculating how much compensation for injuries you may be entitled to, as well as considering your age, gender and general state of health before your accident happened.
How is Compensation for Injuries Calculated in Ireland?
Compensation for injuries is calculated in Ireland as general damages and special damages. General damages in any compensation claim for injuries will account for the physical and emotional trauma suffered by the claimant, the deterioration in their quality of life and those around them, and any opportunities that the claimant may have missed out on, such as a holiday, promotion at work or a social engagement of significant importance.
Claims for special damages are only made when it is necessary to recover expenses arising from the injury, past and future medical treatment costs and any loss of earnings. Any costs which can be directly attributed to your injury, and which can be substantiated, can be included in a claim for personal injury* special damages.
Time Scale for Claiming Compensation for Injuries in Ireland
It is possible to claim compensation for injuries in Ireland provided that the claim is initiated within 2 years of the ‘Date of Knowledge’ that an injury has been sustained. The Date of Knowledge is when an injury is first diagnosed, and it marks the start of the limitation period. Injuries to children see the claims period start from their eighteenth birthday, although compensation for injuries to children can be claimed before this date when pursued by a ‘Next Friend’ representing the child. For advice on how long you have left to claim compensation for injuries you should speak to a personal injury* claims solicitor for advice.
Free Legal Advice on Claims for Compensation for Injuries in Ireland
If you have been injured in an accident which was not your fault, if you have developed an illness at work and think that your employer is liable, if you have been fitted with a medical device which has failed to operate as it should or sustained any form of injury due to a person or organisation that owed you a duty of care, it is important that you seek legal advice about claiming compensation for injuries.
Call our free personal injury* compensation helpline today for a free assessment of your eligibility to claim compensation for injuries, and find out the next steps you must take to preserve your right to compensation.
If it is not convenient to call right now, please take advantage of our call back service by completing the form below. One of our highly experienced solicitors will call you back at the requested time to discuss claiming compensation for injuries in Ireland.