What You Need to Know about Personal Injury Claims;

Accidents and injuries can have devastating consequences, impacting an individual’s health, financial stability, and quality of life. In Ireland, personal injury law provides a legal framework for victims to seek compensation for their losses. This article outlines the key steps in pursuing a personal injury claim in Dublin, recent case law developments, and the legal requirements under Irish law.

Legal Basis for Personal Injury Claims.
Personal injury claims in Ireland are governed by the Civil Liability and Courts Act 2004 and the Personal Injuries Assessment Board Act 2003 (as amended by the Personal Injuries Assessment Board (Amendment) Act 2007, Personal Injuries Assessment Board (Amendment) Act 2019 and the Personal Injury Assessment Board Act 2022). These laws set out the procedures for making claims, assessing damages, and resolving disputes.

1. Eligibility to Claim Compensation
To succeed in a personal injury claim, the claimant must prove:
The defendant owed them a duty of care.
The duty of care was breached due to negligence or wrongdoing.
The breach resulted in injury or loss.

2. Types of Personal Injury Claims
Road Traffic Accidents
Workplace Injuries
Public Liability Claims (slips, trips, and falls)
Medical Negligence

Case Law Example: Murphy v. HSE (2022) IEHC 315, where the High Court awarded significant damages for medical negligence, setting a precedent for similar cases.

Steps in Making a Personal Injury Claim

1. Report the Incident
It is crucial to report accidents to the relevant authorities, such as An Garda Síochána for road traffic accidents or an employer for workplace injuries.

2. Seek Medical Attention
Medical reports serve as crucial evidence in personal injury claims, detailing the extent and impact of the injuries.

3. Submit a Claim to The Injuries Resolution Board (previously known as PIAB)
The Injuries Resolution Board is the statutory body responsible for handling all personal injury claims except medical negligence claims before they proceed to Court. A claimant must apply with supporting medical and accident-related evidence.

4. Engage Legal Representation
While the Injuries Resolution Board aims to resolve cases efficiently, some claims may require litigation, particularly where liability is disputed.

Case Law Example: O’Connell v. RSA Insurance (2021) IECA 108, where the Court of Appeal ruled on contributory negligence in a road traffic accident claim.

Time Limits for Personal Injury Claims
The Statute of Limitations Act 1957 imposes a two-year limit from the date of the accident or injury discovery to bring a claim. Failing to adhere to this deadline can result in a case being dismissed.

Compensation and Damages
Compensation in personal injury cases includes:
General Damages: Pain, suffering, and loss of amenity.
Special Damages: Medical expenses, lost income, rehabilitation costs.