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Personal Injury *

Accident & Personal Injury * Law  :

In Ireland if you have been involved in an accident or subject to conditions that lead to your injury/ ailment you may be entitled to make a personal injury compensation claim *.

Making a Personal Injury Claim *:

Although pursuing a legal dispute for injuries or illness may seem straight forward, it has proven to be a more complicated task most often requiring legal expertise, knowledge and experience.

All personal injury claims* in Ireland must be assessed by an independent body known as The Injuries Board, FORMERLY referred to as the Personal Injuries Assessment Board.

In 2013, claims were assessed on average within 7 months of the respondent consenting.

Personal injury claims through litigation* – that is through court, where the respondent rejected the Boards assessment were assessed on average within 36 months.

Claims to the Injuries Board and Courts are both assessed on the medical evidence you provide from your doctor and in some circumstances from an independent doctor – appointed by the Board.

The award of compensation will be based on an assessment of damages* due with regard to the extent of your injuries/ illness and the circumstances leading to your illness/ injuries.

Where the respondent does not agree to the assessment by the Injuries Board or where either party rejects the Board’s award your case can then be referred to the Courts*.

Applications for compensation* in Ireland cannot be made direct to the courts without the consent of the Injuries Board.

Personal Injuries Claims include:

Road Traffic Accidents *

Road traffic Accident* in Ireland is too common place. According to the RSA statistics there is an excess of 6,000 road accidents per year leading to injury, and a further 162 leading to fatalities.

The primary causes of road traffic accidents leading to deaths and injuries are:

  • Speed inappropriate for, or inconsistent with, the prevailing circumstances or driving conditions.
  • Impaired driving through alcohol, drugs (prescription or non-prescription), or fatigue
  • Failure to use or properly use seatbelts and child safety restraints
  • Unsafe behaviour towards / by vulnerable road users (pedestrians, motorcyclists, cyclists, young children and older people).

As such the Injuries Board in Ireland sees thousands of Road Traffic Accident claims each year.

Accidents at Work *

In Ireland, every employer is legally obliged to provide a safe workplace and system of work for all employees. If your employer is unable or negligent in the provision of a safe work place for all employees then he/ she may be held responsible should you become ill or injured as a result of this negligence.

Accidents in Public Places *

In order to make a public liability compensation claim* in Ireland, you must have sustained an injury due to the negligence of an individual or entity that owed you a duty of care i.e. premises owner.

Accidents that occur in public places, bars, restaurants and result in injury may be resolved by making a public liability claim* against the insurers of the premises. Such claims can be complicated, often require much legal assistance and input.

Step- by- step process to making a personal injury claim* :

1. Get in touch with your solicitor to gain a clear understanding of the claims process and your entitlements.

2. Request assistance in filling in a claim application form and compiling necessary documentation i.e. medical report, images of injuries, accident report etc. This is a crucial and often determining factor in the Board’s decision to accept or reject a claim.

3. Forward your application form to the Injuries Board of Ireland within 3 months of the incident leading to your injury/ illness. ( 45€ processing fee applicable)

4. The Respondent (person who you are making a claim against) should receive notification of your claim from Injuries Board.

5. Respondent, usually represented by an insurance company, agrees to the assessment of your claim by InjuriesBoard.ie.

6. You may need to attend a medical assessment carried out by an independent represented for the Injuries Board.

7. InjuriesBoard.ie assess the amount of compensation (monetary value of your claim).STEP

8. Claimant and respondent both accept the amount of compensation.

If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts. Once resolved the respondent or respondents insurer issues settlement cheque *.

How Anderson Gallagher can help you to make a successful personal injury * claim:

Anderson Gallagher is a personal injury solicitors* in Dublin 2, with over 30 years’ experience.
We have a dedicated team who has a reputation for professional and expert advice.

Our experienced solicitors can provide the support and advice necessary to assist you in your claim for fair compensation* for your injury.

Our Personal Injury* team is trained to provide practical and impartial advice which will be provided in plain English. Our solicitors have a proper understanding of all the issues involved and they will assist you through each stage of the injury compensation claim* process. Upon examining your particular circumstances Anderson & Gallagher can advise you of the best course of action suitable to your particular circumstances.

If you would like more information on the Personal Injury compensation* claims process please contact us on free phone 1800 200 618 or email info@andersongallagher.ie.

* Irish solicitors may not calculate fees or other charges in contentious business as a percentage or proportion of any award or settlement nor is it our practice to do so.