PERSONAL INJURY CLAIMS
This is just a snapshot of how a personal injury claim is made. It all depends on the type of Injury suffered. Some injuries are relatively minor, some are more difficult to quantify, and some are life changing. Therefore, depending on the type of injury suffered, it can be very difficult to state just how long it can take to have you claim assessed, as the more serious the injury the more experts’ opinions required before the injured parties claim can be measured.
How can a personal injury affect your life?
An injury of any kind can affect your quality of life. Being out of work as a result of a personal injury can affect the income coming into the family home. Personal Injury accident can occur when you least expect it. There are many situations where accidents occur. Below are examples of most common type of personal injury.
Personal Injury Claims
- Road Traffic claims
- Fatal Injury claims
- Accidents in the work place
- Flight personal injury claims
- Bus accident claims
- Public place claims
How to start your claim.
All personal Injury claims in Ireland must be assessed by the Personal Injuries Board Ireland. The injured party can make a claim directly to the personal injuries board themselves. Or they can consult a solicitor to make the claim. If you make the claim yourself, you must be aware of the statute of limitations that is running against your claim. If you have any hesitation regarding your claim, you should seek legal advice. For Personal Injury Solicitors Letterkenny – Call Letterkenny 074 916 4906 for legal advice
Your solicitor can submit your application to the Personal Injuries Board and liaise with them regarding your claim. Your solicitor is aware of the legal process involved and can advise you of any legal issues that can arise, or seek expert opinion where necessary, to ensure the smooth running of your claim.
Who asseses the injury claim
The personal Injuries board will assess your injury. They will refer to the book of quantum to measure the injury. The book of quantum is a record of personal injury cases. It specifies different types of injuries and who they are calculated. Once the injuries board have assessed your claim they will revert to and the defendant with an offer of settlement. The parties can either accept or reject the offer made by the injuries board. Your solicitor should discuss the settlement with you and decide if the offer made is sufficient to meet your injury suffered. If you or the defendant decide to reject the offer, then you will receive an Authorisation from the injuries Board. You can then decide if you should bring your claim to the next level, which is, to pursue your claim in the civil courts. This should be discussed in detail with your solicitor and where necessary, advice from council should be sought. Personal Injury Solicitors Letterkenny 074 916 4906
Time Limit/ Statute of Limitations
Remember all legal actions have a time limit. Therefore, where you have suffered a personal injury the legal time limit is usually 2 years.
There are however some exceptions to the two-year rule. For example, a person who has been a victim of an intentional assault may well have 6 years in which to bring their claim. A person who has suffered from a “legal disability” when they were injured(this includes people under 18 years of age) will not have time running against them until that disability ceases. And a person without knowledge of their injury and have no way of knowing that they had an injury will not have time running against them until they have discovered that they have been injured through someone else’s fault.
For Children who have suffered an injury, the process is different as a minor can not bring a claim forward themselves. A claim can be brought on behalf of a child by what is called a next friend. That is a family member can bring an action for that child. However, once the child reaches 18 years of age the 2-year time limit starts to run.
Therefore, it is important to remember that in any case you should not delay in bringing your claim, as delay itself can defeat your claim. Remember the earlier you submitted your claim the easier it is to recall.
Can expenses be claimed
Yes, your out of pocket expenses can be claimed.
Out of pocket expenses are also referred to as special damages. Special damages usually comprise of the following.
- Medical expenses – costs of attending doctor(s) medication, hospital bills etc
- X-rays, MRI scans, or treatment such as physiotherapy.
- Travel Expenses – any travel expenses directly related to the accident, injury such as cost of taxis, public transport to and from hospital or car parking are recoverable.
- Loss of Earnings – A calculation will be made as to how much earnings you have lost as a result of being out of work due to the injury as well as any future loss of earnings. These will also be calculated and included in the final amount of the award.
To conclude, a personal injury claim can be very straight forward, or it may be very complicated. As stated above, this is just a snapshot of how a personal injury claim is made. In any event you should seek legal advice if you think you may have a personal injury claim.
The material contained in this website is provided for general information only and does not constitute legal or other professional advice. We strongly recommend that you seek legal advice on any aspect of the law.
“In contentious business, a solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement.”