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The Process Explained

Accident & Personal Injury law* Dublin.

What is the procedure for making a claim?

At Anderson & Gallagher, Solicitors we are aware that an accident can leave people feeling vulnerable and frustrated, which is why we have a highly trained and experienced team to give you all the support you need.

The process begins as soon as you get in touch either by email info@andersongallagher.ie or by phoning 01 6776066. We will take details of the accident and you can speak to one of our experienced lawyers who will be able to give you initial advice on your claim. Wherever possible we like to follow up the initial conversation by arranging a face to face meeting with new clients. This gives the client an opportunity to meet the fully qualified and experienced solicitor who will be handling the case and it allows us to take a detailed statement about the accident and your injuries.

At this first meeting we will explain exactly what steps we will be taking to commence legal proceedings* and let you know what you can do to help us. It is very important that if you have a previous medical history which may be relevant to the claim, you should tell us straight away.

Following this meeting we will submit a claim on your behalf by writing to the person responsible for the accident telling them why we believe they are liable to pay you compensation*. In almost all cases we will be dealing not with the person who caused the accident but with their insurers.

We will need to obtain a medical report so that we can value your case. We will also calculate any loss of past or future earnings as well as any other head of claim* that might apply.

For your assistance please click here to access our instruction form where you can submit your instructions online.

* 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.

  1. How long will my claim take?  
  2. What if the insurance company doesn  
  3. What is the Injuries Board (PIAB)?  
  4. What can I do to assist my claim?  
  5. Previous Medical Conditions  
  6. What can I claim for?  
  7. Time limits for personal injury claims  
  8. Helping your personal injury case  
  1. Sorry, this entry is only available in 中文 and Polski.

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  2. Where we believe an insurance company is being too slow in settling your claim, or if it denies liability, or makes an offer which we consider to be too low an application must be made to the Injuries Board previously known as the Personal Injuries Assessment Board (PIAB) (save in Medical Negligence Cases).

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  3. PIAB assesses compensation for victims of Workplace, Motor and Public Liability accidents. It does not assess claims that are the result of medical negligence. PIAB will only assess a claim if the other party admits responsibility. The other party must consent before the claim can be assessed by PIAB. PIAB assess claims based on the medical evidence they are provided with and with regard to the level of compensation that is awarded for particular injuries, as set out in the PIAB Book of Quantum. If either party is dissatisfied with the award, PIAB will issue an authorization to allow you to take your case to Court*.

    If a court action has to be raised, it is of course open to the other side at any stage in a court action to make a settlement offer.

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  4. After your accident you should keep as many written notes as you can.

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  5. It is very common to find that an accident may have aggravated a condition which was present before the accident.

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  6. Pain and suffering: You can claim compensation* for your physical injuries, including scarring or other disfigurement as well as psychological injury. Obviously, the amount that you receive in compensation will vary according to the severity of your injuries. To allow us to assess the value of your claim for pain and suffering we firstly obtain a full medical report, usually from a specialist, but in the case of minor injuries, from your GP. Factors which are taken into account in assessing the level of compensation* include:

    ■  The severity of your injury
    ■ The extent to which your injury has resulted in long-term or permanent disability
    ■ The extent to which your injury has disrupted your life
    ■ Damages for pain and suffering are calculated by reference to previously decided court cases.

    Loss of earnings*: If you have to take time off work because of an accident, you will be able to recover any loss of earnings. Your claim is based upon the amount which you would have taken home rather than your gross earnings. You will not pay tax on your award of damages.

    Normally your claim for loss of earnings is based upon your average take-home pay during the 3-month period before the accident. While we will obtain a schedule of earnings from your employer it can be helpful if you retain pay slips for the period before the accident and for the period of absence so that we can check these against the information provided by your employer.

    Future loss of earnings*: You are under a general duty if you have been injured to minimise your losses. This means that if you are unable to return to your old job you have to take all reasonable steps to find a job which you are capable of doing. If you have to give up work because of the accident this may affect your future pension entitlement. Again we can take this into account and include any loss of pension rights in your claim.

    Special Damage*: If you suffer damage to clothing or personal effects such as glasses, dentures or crash helmets you can claim for these. It is important that you retain the damaged items as the insurers may wish to inspect them. If you have the receipts for the damaged items or for replacement items you should retain these as well.

    You can claim for expenses which you have incurred following an accident such as taxi fares or prescription charges provided that what you are claiming is reasonable. If you have to hire a car because your own is damaged it should be possible to claim the hire charges although you should discuss hiring a replacement vehicle with us before entering into a hire contract. Again you should keep receipts for any items of expenditure that you wish to claim.

    In cases of serious injury you can claim the cost of items such as wheelchairs which you may need, as well as nursing and care costs.

    If you have been looked after by a relative following an accident it may be possible to claim compensation for them for the services which have been provided to you. It is important that you should keep a diary or other written record of the services which have been provided as this will make it much easier to calculate the level of compensation.

    If as a result of injuries which you have sustained you are unable to do any jobs around the house, or for your family, you may be able to claim compensation. Examples would be housework, gardening, car maintenance, DIY. If you have had to pay tradesmen to do jobs that you would previously have been able to do yourself, it is again very important that you keep receipts.

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  7. The law states that court proceedings for personal injury and accident claims* have to be issued within a certain time known as the limitation period. Most personal injury claims must be issued at court within two years of the date of the accident.

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  8. You can make a big difference to the outcome of your personal injury* case, by helping us in the following ways:

    ■ If possible take a photograph of the scene of the accident, and the plant or machinery involved.

    ■ Make your own note of what has happened to you, with details of the time, date, place and witnesses, as soon as you can. If possible, make a sketch plan or take photos to help record and explain the circumstances of your accident at work.

    ■ If machinery or equipment was involved in your work accident, make a note of the manufacturer, model, any known defects, and any maintenance regime.

    ■ Make sure that your work accident is recorded in the Accident Report Book which the law requires your employer to keep.

    ■ Find out whether other people have experienced a similar accident at work in the past, and get as much detail as you can of who was involved, what happened and when, whether your employer was told about it and if so whether they took any action.

    ■ Ensure if you can that any serious work accident (causing an absence from your job for more than 3 days) has been reported to the Health and Safety Executive or the local authority’s Environmental Health Service.

    ■ Get medical attention promptly and tell the hospital and/or your GP about your job and how you think it has caused your personal injury.

    ■ Keep every invoice, receipt or other record of your expenses and losses. This is not being “money-grabbing”! It is preserving evidence which we need to get the right level of personal injury compensation for you.

    ■ Keep a diary of your symptoms and medical treatment.

    Please complete our Personal Injury Compensation* Contact form for no obligation legal advice today.

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