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Personal Injury Claims

Personal injury claims are claims for compensation when you have sustained a loss, an injury or the avoidable deterioration of an existing condition due to somebody else´s breach in their duty of care. There are many different categories of personal injury claims, but the most common types are:

  • Road traffic accident injury claims.
  • Personal injury claims for accidents and illnesses at work.
  • Public liability claims for injuries sustained in a place of public access.
  • Product liability claims for injuries caused by faulty goods.
  • Medical negligence claims against medical practitioners and hospitals.

 

There are many rules and regulations concerning making personal injury claims in Ireland, and the process can be quite daunting – especially at a time when you may still be recovering from your injuries. The key thing to remember is that, if you or a loved one has sustained an injury due to the negligence of a third party, you should be eligible to make personal injury claims for compensation.

The Personal Injury Claims Process in Ireland

The personal injury claims process in Ireland varies depending on the nature of your injury, whether liability for your injury is accepted by the negligent party, and whether you and the negligent party´s insurers can agree on a fair and appropriate settlement of personal injury compensation.

Usually claims for injuries sustained in road traffic accidents, at work or in places of public access are assessed by the Injuries Board. The Injuries Board will only assess product liability claims if there is a benchmark against which to assess the claim, and has no mandate to assess medical negligence claims.

The Injuries Board does not determine liability or get involved in disputed compensation settlements – but assesses personal injury claims based on the information provided to it. In order to ensure that the Injuries Board has comprehensive information regarding your claim for personal injury compensation, it is advisable to have a solicitor assist you with your application for assessment.

Other Resolution Channels for Personal Injury Claims

If there is a dispute over liability or the settlement of your claim – or your claim falls outside the remit of the Injuries Board – personal injury claims can be settled by negotiation or through the court system. For many plaintiffs, negotiation is the preferred option – although you should be wary of unsolicited offers of personal injury compensation from insurance companies.

Unsolicited offers from insurance companies – or “third party capture” – often fail to reflect the full consequences of a personal injury. You should ensure that any settlement of personal injury compensation accounts for the impact your injury has had on your quality of life – both physically and emotionally – and compensates you for the financial losses you have suffered.

You will find news articles below that provide information about settlements of personal injury claims. Please note that, even if you have sustained an injury similar to the plaintiffs mentioned in the news articles, any settlement of compensation you receive could be considerably higher or lower depending on your individual circumstances and the permanency of your injury.

Why You Should Consult a Solicitor

While we strive to ensure all the articles on this site are factually accurate you should never solely rely on the information supplied here. No two personal injury claims are identical and, while reading our articles can provide you with general information, you should always get expert advice and consult a solicitor before taking any action that may have legal consequences.

We provide a confidential 24-hour helpline where you can talk with a highly experienced and specialised personal injury solicitor who will answer any questions you may have about your potential claim for personal injury compensation.

Compensation for Holiday Food Poisoning Paid to Honeymooner

A man, who contracted the potentially life-threatening dysentery illness after eating at an all-inclusive resort on his honeymoon in 2004, has received compensation for holiday food poisoning from the travel company through which he booked the trip. Julian Hurley (50) from Doncaster, South Yorkshire, was staying on the Venezuelan island of Margarita when he ate food described as being of poor standard and contracted the illness. Due to a lack of medical facilities on the island, it was not until Julian returned home that he was treated for his condition. Julian was immediately admitted to Doncaster Royal Infirmary where he was treated for five days with antibiotics and he still suffers from the effects of his illness five years after his honeymoon. In his claim for public liability compensation against First Choice Holidays Julian provided medical evidence to show that he has irritable bowel syndrome, post-traumatic stress and chronic fatigue syndrome which are all attributable to being ill while on holiday. First Choice Holidays investigated the claim and, after negotiation with Julian´s legal representatives, settled out of court with compensation for holiday food poisoning of 286,500 pounds.

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Court Settles Compensation for Accident with Uninsured Driver

A court in Scotland has had to determine the settlement of compensation for accident with uninsured driver, after the representatives of a man who sustained brain injuries in a tragic accident could not reach an agreement with the Motor Insurers´ Bureau. Lord Woolman, at the Court of Session in Edinburgh, heard how Sean Milligan (44) spent 28 weeks in a brain injury rehabilitation unit after being involved in a van accident in May 2004. The driver of the stolen van which hit Sean´s Nissan Micra head-on had been banned from driving and was under the influence of alcohol when the accident happened. Despite his extended rehabilitation, Sean still suffers from bouts of anger and depression, and finds it difficult to concentrate, balance and walk. As the driver responsible for Sean´s injuries – Mark Lynch – was uninsured, a claim for compensation for accident with uninsured driver was made against the Motor Insurers´ Bureau. However, no agreement could be reached on how much compensation for accident with uninsured driver Sean should receive, and the case was before Lord Woolman for assessment of damages only. Announcing a decision to award 3.3 million pounds, Lord Woolman stated that the crash had devastating consequences for Sean which were “demonstrated by the fact that he requires round-the-clock care, seven days a week”.

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Trip in Pub Compensation Awarded to Well Heeled Smoker

A woman, who fell in the smoking area of her local pub due to the heel of her stiletto shoe snagging on a damaged floor, has settled her trip in pub compensation claim with the bar´s insurers for 18,000 pounds. Selena Gilder (40) from Tewkesbury, Gloucestershire, had just finished a cigarette in the smoking area of the town´s Albion Pub in April 2007, and was returning to her seat in the main area of the pub, when the heel of her shoe got caught in broken concrete. She tripped and then fell, smashing her knee, breaking her leg and sustaining severe scar injuries. Selena had to undergo three operations to repair the damaged knee and missed eight months from work due to her injuries. During this time she suffered financial hardship as well as the pain from her broken leg. After seeking advice from a personal injury solicitor, Selena made a tripped in pub compensation claim, stating that she fell due to the state of the floor which she may have been able to avoid had the lighting not been so poor. The pub´s insurers agreed to settle the claim for 18,000 pounds once they had seen Selena´s medical records.

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Tube Driver Awarded Damages for Severe Emotional Trauma

The driver of the London Underground train on which Jean Charles de Menezes was mistakenly shot dead has been awarded 1,000 pounds in damages for severe emotional trauma by the Criminal Injuries Compensation Authority (CICA). Quincy Oji was the driver of the Northern Line train in July 2005 which was boarded by police in pursuit of the suspected suicide bomber and, as the unfortunate shooting took place, Quincy fled from his cab and ran into the tunnel. The CICA tribunal heard that Quincy was chased by armed police and in his panic tripped and fell to the ground. Following the incident, Quincy was diagnosed with Post Traumatic Stress Disorder and had to take a considerable amount of time off from his job before he was passed fit to continue driving trains. Quincy´s original claim for damages for severe emotional trauma was rejected on the grounds that he was some distance from the shooting but, after seeking legal advice, Quincy appealed against the decision and, almost four years after the fateful incident in Stockwell Underground Station, was awarded personal injury damages amounting to 1,000 pounds.

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