Personal injuries claims allow to for individuals who have suffered an injury or harm due to the negligence or wrongdoing of others to receive compensation. These can include workplace injuries, road traffic accidents or public liability accidents.

Under the Civil Liabilities and Courts Act 2004, the time limit for claims for compensation is 2 years from the date of the accident, with some exceptions. 

The Injuries Resolution Board

The Injuries Resolution Board, previously known as the Personal Injuries Assessment Board (PIAB), is a statutory body that handles personal injury claims. Before proceeding to court, personal injuries claims must be submitted to the Injuries Resolution Board.

1. Application to Injuries Resolution Board: The complainant (the person making the complaint) must complete an application form and submit it along with a medical report and the application fee. The Board assesses the claim based on the submitted documentation.
2. Consent from Respondent: The respondent (the party against whom the claim is made) must consent to the PIAB assessment. If they refuse, the Board issues an authorization allowing the claimant to take the case to court.
3. Assessment by PIAB: If consent is given, the PIAB assesses the claim and makes an award based on the evidence. Both parties can accept or reject the PIAB’s assessment. If the award is accepted by both parties , this means it is binding. If it is rejected by either party, the Board authorises the claim to proceed to court.

The Injuries Resolution Board also offers a free mediation service for workplace injury, public liability claims and road traffic claims. 

A mediator is an impartial, trained professional who will work with you and the respondent to try find an agreement that both parties accept. This mediation is free of charge and voluntary.

Court Proceedings

Depending on the severity of the claim and the amount of compensation to be sought, the claim can then be heard in either the District Court, Circuit Court, or High Court. 

Pre-Trial Procedures

1. Issuing Personal Injuries Proceedings: In order to make a claim to the court, the  Plaintiff’s legal team drafts and issues a Personal Injuries Summons. This document outlines the nature of the claim and the compensation sought.
2. Service of Summons: The Summons must be formally served on the  Defendant , who then has a specified period to respond.
3. Pleadings: Both parties exchange detailed pleadings, including the Statement of Claim (by the Plaintiff ) and the Defence (by the Defendant). These documents outline the facts, legal arguments, and evidence each side intends to present.
4. Discovery: Both parties engage in the discovery process, which involves exchanging documents and evidence relevant to the case. 

Settlement Talks and Mediation 

Often, parties will engage in settlement talks throughout the litigation process. Many cases are resolved through negotiation, avoiding the need for a full trial. Mediation is also an option, and available at any time prior to the conclusion of the hearing. 

Trial

If the case does not settle, it proceeds to trial.

1. Hearing: The trial is conducted before a Judge. Both parties present their evidence, call witnesses, and make legal arguments.
2. Judgment: After considering all evidence and arguments, the Judge delivers a judgment. If the  Plaintiff  is successful, the Judge awards damages, which may include compensation for pain and suffering, medical expenses, and loss of earnings.

Post-Trial

1. Appeals: Either party can appeal the judgment to a higher court if there are grounds to do so, such as an error in law or procedure.

Enforcement: If the  Plaintiff  wins, they must enforce the judgment to receive compensation. This may involve further legal steps if the Defendant does not voluntarily pay the awarded damages. 

If you have a query in relation to a Personal Injuries claim, contact our team on 01 644 9900 or mail@danielspring.ie 

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.