Personal Injury Claims in Ireland
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
Over 20,000 personal injury claims were processed in Ireland in 2024, resulting in €168 million in compensation awards. The average award stood at €18,967, with the median at €13,000.
These figures reflect a system shaped by the Personal Injuries Guidelines [1] introduced in April 2021. Nearly every personal injury claim, whether from a road accident, workplace incident, or slip in a public place, must first pass through the Injuries Resolution Board [2] (IRB, formerly known as the Personal Injuries Assessment Board until 2023) before court proceedings can begin. Medical negligence is the main exception.
This page is your cross-practice starting point. It covers how the claims system works in 2026, what you can expect at each stage, and the practical decisions that affect what you ultimately receive. For accident-specific guidance, follow the links to our dedicated practice area pages throughout.
This is general information about the personal injury claims process in Ireland, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
At a glance: Prove negligence, file with IRB (€45 online), assessment in roughly 11 months, accept or reject, court if needed. Time limit: 2 years from accident or date of knowledge. Sources: IRB; Citizens Information (Updated Nov 2025) [3].
Contents
What to do in the first 48 hours after an accident in Ireland
The actions you take immediately after an accident directly affect the strength of your personal injury claim. Delays in any of these steps can weaken your evidence, limit your compensation, or even prevent you from claiming at all.
1. Get medical attention. Visit your GP or an emergency department as soon as possible, even if your injuries feel minor. Whiplash, concussion, and soft-tissue injuries often worsen over days. The medical record created at this first visit becomes the foundation of your claim.
2. Report the accident. For road traffic accidents, report to Gardaí. For workplace accidents, record it in the employer's accident report book and notify the Health and Safety Authority [24] if required. For public places, report to the premises manager and request a copy of the incident report.
3. Preserve evidence. Photograph the scene from multiple distances, including the approach view from 20 to 30 metres back (not just close-ups). Note witness names and contact details. Request CCTV preservation in writing within 7 days, as many businesses overwrite footage within weeks.
4. Keep records from day one. Save every receipt, appointment letter, and pharmacy docket. Start a simple diary noting your pain levels, sleep quality, and how the injury affects daily tasks. These records prove your special damages claim months later.
5. Don't speak to the other side's insurer without advice. Anything you say can be used to reduce your compensation. A casual "I'm fine" at the scene or on the phone can be used against you months later. If an insurer contacts you, note their name and reference number but don't discuss your injuries.
Do I have a personal injury claim in Ireland?
You may have a personal injury claim in Ireland if someone else's negligence caused your injury and you can prove four elements: duty, breach, causation, and damage. Ask yourself these four questions:
If you can answer yes to all four, you likely have a valid claim. If you're unsure about any element, particularly causation or breach, that's where legal assessment adds value. The strength of the claim depends not on whether you think you have one, but on whether the evidence supports one.
This is a general framework. It is not legal advice and does not replace a solicitor's assessment of your specific facts.
What is a personal injury claim in Ireland?
A personal injury claim is a civil legal action through which an injured person seeks financial compensation from the party whose negligence caused their injury. Under Irish law, negligence means a failure to take reasonable care, resulting in harm to another person. The legal framework is governed primarily by the Civil Liability and Courts Act 2004 [5] and the Civil Liability Act 1961 [6].
To succeed, you must prove four elements: that the other party owed you a duty of care, that they breached that duty, that the breach directly caused your injuries, and that you suffered measurable damage as a result. You don't need to prove the other party intended to hurt you. Carelessness is enough.
Compensation covers two broad categories. General damages compensate for pain, suffering, and loss of quality of life. Special damages cover financial losses you can put a number on: medical bills, lost wages, travel costs, and rehabilitation expenses. Personal injury awards in Ireland are treated as capital rather than income and are exempt from capital gains tax under Section 613 of the Taxes Consolidation Act 1997 [7]. For a full breakdown, see our guide to personal injury compensation in Ireland.
Ireland is not the UK. Irish personal injury law differs from England and Wales in several important ways. Unlike in England and Wales, where the limitation period is 3 years and no equivalent body to the IRB exists, Ireland requires most claims to pass through the Injuries Resolution Board first and imposes a strict 2-year deadline. The compensation guidelines, court structures, and legal costs rules are all different. If you were injured in Ireland, Irish law applies regardless of your nationality.
What types of personal injury claim exist in Ireland?
Personal injury claims in Ireland fall into five main categories, each with its own legal framework and evidence requirements. Motor liability accounted for 69% of all IRB awards in 2024, employer liability for 17%, and public liability for 13%, according to the IRB 2024 Annual Report [4].
| Claim Type | Common Scenarios | Key Legislation | Detailed Guide |
|---|---|---|---|
| Road traffic accidents | Car collisions, cyclist injuries, pedestrian strikes, passenger claims | Road Traffic Act 1961 (as amended) | Car accident claims • Road injury claims |
| Workplace accidents | Falls from height, manual handling injuries, machinery accidents, occupational illness | Safety, Health and Welfare at Work Act 2005 [8] | Accident at work |
| Public liability | Slips and falls in shops, hotels, footpaths, public spaces | Occupiers' Liability Act 1995 [9] | Public liability claims |
| Medical negligence | Misdiagnosis, surgical errors, birth injuries, medication errors | Common law duty of care, exempt from IRB | Medical negligence claims |
| Assault and other | Criminal injuries, product liability, occupier negligence | Civil Liability Act 1961, Liability for Defective Products Act 1991 | Claim process guide |
A detail that catches many claimants off guard: assault claims carry a six-year limitation period, not the standard two years. And purely psychological injuries, with no accompanying physical injury, aren't assessed by the IRB. They go directly to court.
How does the personal injury claim process work in Ireland?
Almost every personal injury claim in Ireland must be submitted to the Injuries Resolution Board before court proceedings can begin. The IRB was established in 2004 and rebranded from the Personal Injuries Assessment Board (PIAB) under the Personal Injuries Resolution Board Act 2022 [10]. Medical negligence claims are the principal exception. They bypass the IRB entirely and proceed directly to the High Court.
Step 1: Get medical evidence
See your GP or attend hospital as soon as possible after the accident. A medical report from your treating doctor is mandatory for a valid IRB application. Since September 2023, an application submitted without a medical report won't be deemed complete, and critically, it won't pause the two-year limitation clock. We call this the Complete Application Rule. This rule change under the 2022 Act caught practitioners off guard and remains one of the most important procedural shifts in recent years.
The quality of the medical report directly affects the IRB's assessment. A brief GP letter and a detailed consultant's report produce very different outcomes. Ask your solicitor whether a specialist report is warranted before submitting.
Step 2: Notify the respondent
Under Section 8 of the Civil Liability and Courts Act 2004 [5], you should notify the party you're claiming against within one month of the accident. Missing this doesn't automatically kill your claim, but it can affect costs later.
Step 3: Submit to the IRB
File your application through the IRB online portal [2] (€45 fee) or by post (€90). Include your medical report, details of the accident, and documentation of your expenses. For a full breakdown of what's needed, see our documents checklist.
Step 4: Respondent decides
The respondent (usually through their insurer) has 90 days to consent to IRB assessment. In 2024, 70% of respondents consented 4. If they refuse, the IRB issues an authorisation for you to proceed to court.
Step 5: Assessment
The IRB assesses your claim based on medical evidence and the Personal Injuries Guidelines [1]. You'll likely attend an independent medical examination arranged by the IRB. There's no oral hearing, no cross-examination, and no opportunity to explain the full impact on your life. The average assessment took 11.2 months in 2024 4.
Step 6: Accept or reject
Both parties have 28 days to accept or reject the assessment. Failure to respond is treated as a rejection. In 2024, 50% of assessments were accepted by both sides 4. We call this the Three-Offer Landscape, because claimants may encounter three distinct types of settlement offer during a claim: a direct insurer offer before IRB involvement, the formal IRB assessment itself, and a pre-trial offer negotiated on the steps of the court. Each carries different risks. For the full decision framework, including the Section 51A costs risk of rejecting an assessment, see our settlements guide.
Cost risk of rejection: Under Section 51A of the PIAB Amendment Act 2007 [11], if you reject an IRB assessment that the respondent accepted and then fail to get a higher award in court, you may be liable for the respondent's legal costs as well as your own. This risk-reward calculation is the single most important decision in many claims.
Step 7: Court proceedings
If either party rejects the assessment, the IRB issues an authorisation. Your solicitor has six months plus any remaining limitation period to issue proceedings. According to Central Bank data (2025) [12], 70% of personal injury claims proceeded to litigation in 2023, up from 52% in 2015, despite reforms intended to settle more claims before court. For litigated claims under €100,000, legal costs averaged a staggering 89% of the final compensation amount 12. For a detailed walkthrough, see our claim process guide.
What happens at the IRB medical examination?
During the IRB process, you'll likely be asked to attend an independent medical examination (IME) arranged by the Board. This is not a treatment appointment. It's an assessment by a doctor you haven't met before, selected to provide the IRB with an objective opinion on your injuries. The IRB's claims process page [2] outlines this as a standard part of the assessment.
The examination typically lasts 20 to 40 minutes. The doctor will review your medical history, ask about the accident, examine the injured area, and test your range of movement. They'll then write a report for the IRB describing your current condition, prognosis, and whether your injuries are consistent with the accident described.
One aspect the official guidance doesn't cover: the quality and detail of your own treating doctor's report matters enormously at this stage. If your medical report is a brief GP letter, the IME doctor's findings carry more weight. If your report comes from a relevant consultant and includes imaging results, the IRB has two detailed opinions to work with, which generally produces a more accurate assessment. Discuss with your solicitor whether a specialist report is worth obtaining before the IME stage.
What the IRB will not assess
The Injuries Resolution Board does not handle every type of personal injury claim in Ireland. Understanding what falls outside its remit prevents wasted time and protects your limitation period.
The IRB will not assess:
- Medical negligence claims. These are excluded under section 3(d) of the Personal Injuries Assessment Board Act 2003 [25] and proceed directly to the High Court. The two-year clock can only be paused by issuing court proceedings.
- Purely psychological injuries with no accompanying physical injury. Where there is a psychological element alongside a physical injury, the IRB may still assess the claim.
- Complex liability disputes where the Board exercises its discretion to decline assessment, typically because multiple parties are involved or fault is heavily contested.
- Claims involving pre-existing conditions of significant complexity, where the Board determines it cannot fairly assess the incremental impact without a full hearing.
If the IRB declines your claim, it issues an authorisation allowing you to proceed to court. This is not a rejection of your claim itself. It means the claim needs a forum with fuller procedural tools.
What is IRB mediation and how does it work?
The IRB now offers free mediation for all three claim categories, following a phased rollout completed in December 2024. Mediation was introduced under the Personal Injuries Resolution Board Act 2022 [10], starting with employer liability cases in December 2023, extending to public liability in May 2024, and encompassing motor claims from 12 December 2024 [13].
The timing matters more than most guides suggest: mediated claims are resolving in approximately three months on average, compared to 11.2 months for the standard assessment track 4. The opt-in rate among claimants currently sits at 35%.
| Factor | Mediation | IRB Assessment | Court Litigation |
|---|---|---|---|
| Typical timeline | Roughly 3 months | Roughly 11.2 months | 2 to 5 years |
| Cost to claimant | No additional fee | €45 (online) | Significant legal costs |
| Negotiation | Yes, facilitated dialogue | No, paper-based, no hearing | Full adversarial process |
| Cooling-off period | 10-day withdrawal right | 28-day accept or reject | N/A, judgment is binding |
| Enforceability | Order to Pay (same as court order) | Order to Pay if accepted | Court judgment |
Mediation sessions are typically conducted by telephone, a structured shuttle process where the mediator speaks separately with each side. This avoids the stress of a face-to-face confrontation with the respondent's legal team. If agreement is reached, a written settlement is drafted, followed by a 10-day cooling-off period during which either party can withdraw. After that window closes, the agreement becomes a legally binding Order to Pay. See the IRB mediation page [14] for full details.
How long do you have to make a personal injury claim in Ireland?
In Ireland, you generally have two years from the date of your accident, or from the date you first became aware your injury was caused by someone else's negligence, to begin a personal injury claim. This deadline is set by the Civil Liability and Courts Act 2004 [5] and the Statute of Limitations 1957 [15] (as amended).
The "date of knowledge" rule applies where the connection between your injury and the accident wasn't immediately obvious. Occupational diseases, gradual-onset injuries, and delayed diagnoses can all extend the starting point, but the burden falls on you to explain why you didn't know sooner.
Key exceptions:
- Children: The two-year clock doesn't start until the child's 18th birthday. A parent or guardian can bring a claim earlier as the child's "next friend."
- Mental incapacity: If the injured person lacks capacity to manage their affairs, the limitation period may be suspended.
- Assault: Six-year limitation period under the Statute of Limitations 1957.
- Medical negligence: Two years from date of knowledge, but because these claims bypass the IRB, the only way to stop the clock is to issue court proceedings, which requires expert medical evidence first.
The Complete Application Rule (September 2023): Since the commencement of key provisions under the Personal Injuries Resolution Board Act 2022 [10], an IRB application must be complete, including the medical report, to pause the statute of limitations under Section 50 of the PIAB Act 2003. The old practice of filing a skeleton application and submitting the medical report later no longer works. The Law Society of Ireland [16] has flagged this as a significant risk area for practitioners.
For full details on limitation periods, exceptions for minors, and how the IRB application interacts with the deadline, see our time limits guide.
Limitation period check (general guidance only, not legal advice)
This tool provides a general indication based on the standard 2-year limitation period under the Civil Liability and Courts Act 2004. Exceptions apply for children, mental incapacity, assault, and delayed knowledge. Always confirm your deadline with a solicitor.
How is personal injury compensation calculated in Ireland?
Compensation for personal injuries in Ireland is assessed using the Judicial Council's Personal Injuries Guidelines, which have been legally binding since April 2021. The Guidelines [1] replaced the former Book of Quantum and were confirmed as having full legal force by the Supreme Court in Delaney v Personal Injuries Assessment Board [2024] IESC 10 17.
Since their introduction, the median award for general damages has fallen 29% compared to pre-Guidelines 2020 levels, while special damages have risen 26% due to inflation 4.
| Injury | Severity | Guideline Range |
|---|---|---|
| Back injury | Minor (recovery within 12 months) | €500 to €16,300 |
| Back injury | Severe (permanent impairment) | €62,800 to €85,900 |
| Neck injury (whiplash) | Substantially recovered | €500 to €12,000 |
| Shoulder injury | Moderate | €18,000 to €35,000 |
| Brain injury | Moderate TBI | €50,000 to €100,000 |
| Brain injury | Severe TBI | €200,000 to €400,000 |
| Catastrophic | Foreshortened life expectancy | In or about €550,000 |
These figures cover general damages only. Special damages (medical costs, lost earnings, care needs) are assessed separately and can significantly increase the total. Awards vary case by case. Source: Personal Injuries Guidelines [1].
Proposed 16.7% uplift: In January 2025, the Judicial Council voted to approve draft amended Guidelines reflecting inflation since 2021. The proposed increase would have lifted the catastrophic injury cap from €550,000 to €642,000. However, the Minister for Justice declined to bring the resolution before the Oireachtas, meaning the original 2021 figures remain binding as of April 2026. The Judicial Council Amendment Bill 2026 [18] proposes extending the review cycle from three years to five and requiring the Judicial Council to consult the IRB and conduct international benchmarking before recommending changes.
For detailed compensation ranges by injury type, see our compensation guide.
Which court will hear your personal injury claim in Ireland?
The court that hears your claim depends on the value of the compensation you're seeking. Irish personal injury claims are heard in three courts, each with a different monetary jurisdiction:
| Court | Maximum Claim Value | Typical Cases |
|---|---|---|
| District Court | Up to €15,000 | Minor soft-tissue injuries with full recovery |
| Circuit Court | Up to €60,000 | Moderate injuries, fractures, longer recovery periods |
| High Court | Unlimited | Serious, catastrophic, and fatal injury claims |
The Civil Reform Bill 2025 21 proposes increasing these limits (District to €20,000, Circuit to €100,000), which would shift more claims into lower courts. Filing in the wrong court can have cost consequences, so your solicitor will assess the likely value of your claim before deciding where to issue proceedings.
What evidence strengthens a personal injury claim in Ireland?
The strength of your evidence determines the value of your claim more than almost any other factor. Weak documentation gives insurers ammunition to minimise your award. Strong, early evidence-gathering protects your position from the start.
Medical evidence
See your GP within 48 hours of any accident, even if injuries seem minor. Some conditions, including whiplash, concussion, and internal injuries, present days or weeks later. A gap between the accident and your first medical appointment creates a credibility problem that's difficult to overcome. Follow your treatment plan consistently. For specifics, see our medical evidence guide.
Scene evidence and the Close-Up Fallacy
Most people instinctively photograph vehicle damage or a tripping hazard up close. This is what we call the Close-Up Fallacy. Those tight, isolated images lack the spatial and environmental context that forensic engineers and courts actually need. Photograph from 20 to 30 metres back in the direction of travel to capture sightlines, signage, road conditions, and obstructions. Keep your phone's location services enabled: geotagged metadata provides timestamped proof of exactly where you were. See our evidence collection checklist.
Financial records
Financial records prove special damages: payslips, tax returns for self-employed income, medical receipts, pharmacy costs, physiotherapy invoices, travel logs for appointments, and any quotes for home adaptations or care. Keep everything from day one. For the full checklist, see our documents checklist.
Can you claim if the accident was partly your fault?
Yes. Under Section 34 of the Civil Liability Act 1961 [6], contributory negligence reduces your compensation proportionally but does not eliminate your claim. If a court finds you were 25% responsible for your injuries, your award is reduced by 25%. You still receive the remaining 75%.
Common examples include a pedestrian not using a designated crossing, a worker who removed protective equipment, a passenger who didn't wear a seatbelt, or a cyclist without lights at night. Insurers routinely argue contributory negligence even where the evidence is thin. It's a standard tactic for reducing payouts.
For a deeper analysis including relevant case law, see our contributory negligence guide.
How much do solicitor fees cost for a personal injury claim?
Most personal injury solicitors in Ireland work on a conditional fee basis: you pay no solicitor fees unless your claim succeeds. However, "no fee" does not always mean "no cost." Medical reports, engineering assessments, court filing fees, and other disbursements may remain your responsibility regardless of the outcome. The precise terms vary between firms and must be set out in a Section 150 notice [19] before work begins.
One detail that surprises clients: the Legal Services Regulatory Authority (LSRA) [20] prohibits solicitors from advertising conditional fee arrangements for personal injury claims under the 2020 Advertising Regulations. Any website openly promoting the phrase may not be fully regulated. You can, however, ask any solicitor directly whether they offer this arrangement.
For the full cost breakdown, see our solicitor fees guide.
How do insurers try to reduce your payout?
Insurance companies are businesses. Their financial incentive is to resolve your claim for the lowest possible amount. Data from the Central Bank's National Claims Information Database [12] shows that insurer-to-claimant cost ratios vary significantly depending on how early a claim settles. Recognising their strategies helps you protect your position.
Early contact and quick offers. An insurer may reach out shortly after the accident with a settlement before you've seen a specialist or understood the full extent of your injuries. These offers are almost always below the claim's true value. Once accepted, they're final. You sign away any right to claim again for the same incident.
Disputing injury severity. Expect the respondent's insurer to request an independent medical examination by a doctor they select. The difference between assessment and acceptance often comes down to how well your medical evidence holds up against theirs.
Social media surveillance. Insurers routinely monitor claimants' public social media profiles. A photo at a sporting event while claiming you can't exercise, or a check-in at a holiday destination while claiming restricted mobility, can be used to argue your injuries aren't as severe as claimed.
Blaming pre-existing conditions. If you have a pre-existing injury or condition, the insurer will argue the accident didn't cause your symptoms. Under the "eggshell skull" rule in Irish law, the defendant must take you as they find you. If the accident aggravated a pre-existing condition, you're entitled to compensation for the aggravation, not the original condition. See our pre-existing conditions guide.
What do most personal injury guides miss?
Most guides cover the mechanical steps of making a claim but skip the practical realities that determine whether you win or lose. Three areas deserve more attention than they typically receive.
The litigation cost trap. According to the Central Bank's National Claims Information Database (2025) [12], for litigated claims that settled for less than €100,000, legal costs averaged 89% of the final compensation amount. This means that for every €50,000 awarded, roughly €44,500 went to legal costs. For claims under €150,000, claimants using the IRB consistently received higher average compensation without enduring the additional 3 to 4 years typically required to resolve a fully litigated case.
Upcoming court jurisdiction changes. The Civil Reform Bill 2025 [21] proposes increasing the District Court limit from €15,000 to €20,000 and the Circuit Court limit from €60,000 to €100,000. This would shift more complex claims into courts traditionally intended for lower-value disputes, with implications for both timelines and legal costs.
The Law Reform Commission review. Between late 2025 and early 2026, the Law Reform Commission published a Consultation Paper [22] on the reform of non-court adjudicative bodies, including the IRB. This process could reshape how personal injury claims are assessed in Ireland over the coming years.
Claims involving children
A child under 18 cannot bring a personal injury claim in their own name. A parent or legal guardian acts as the child's "next friend" and can bring the claim at any time before the child turns 18. Once the child reaches 18, they have two years (to the day before their 20th birthday) to bring a claim themselves. This is set out under the Statute of Limitations 1957 [15] as amended.
Any settlement awarded to a minor must be approved by the court, and the funds are held in court until the child turns 18. For full guidance, see our claims for children page.
Fatal injury claims
When a person dies as a result of another party's negligence, their dependants can bring a fatal injury claim under Part IV of the Civil Liability Act 1961 [6]. Dependants include spouses, children, parents, and in some cases siblings. The claim compensates for loss of financial dependency, funeral expenses, and mental distress suffered by the dependants. See our fatal injury claims page.
Pre-existing conditions and personal injury claims
Having a pre-existing condition does not disqualify you from making a personal injury claim in Ireland. Under Irish tort law, the "eggshell skull" rule means the defendant must take you as they find you. You are entitled to compensation for the extent to which the accident worsened your condition, not for the pre-existing condition itself. This principle is established in the Civil Liability Act 1961 [6]. Detailed medical records showing the status of your condition before the accident are essential. See our pre-existing conditions guide.
Mistakes that damage personal injury claims
Most claims that fail or underperform aren't undone by bad facts. They're undermined by avoidable procedural mistakes.
- Delaying medical treatment. A gap of weeks or months between the accident and your first GP visit gives the insurer grounds to argue your injuries aren't serious or aren't connected to the accident.
- Incomplete IRB applications. Since September 2023, submitting without a medical report means the limitation clock keeps ticking (the Complete Application Rule).
- Talking to the insurer without legal advice. Casual statements like "I'm feeling much better" can be used to argue your injuries are minor.
- Failing to document expenses. Lost receipts, missing payslips, and gaps in treatment records directly reduce your special damages recovery.
- Rejecting an IRB assessment without understanding Section 51A. If you reject and fail to beat the assessment in court, you may owe both sides' legal costs.
- Posting on social media. Any public post can be used as evidence. Exercise extreme caution during an active claim.
2024 IRB data snapshot
The Injuries Resolution Board processed 20,837 claims in 2024, awarding a total of €168 million in compensation. The data, drawn from the IRB 2024 Annual Report [4], reveals several trends that affect how claims are valued and handled in 2026.
| Metric | 2024 Figure | Context |
|---|---|---|
| Total claims processed | 20,837 | 33% below 2019 (pre-pandemic) levels |
| Total awards | €168 million | Down 39% from 2019 in value terms |
| Average award | €18,967 | Full-year 2024 mean (H2 2024 was €19,242) |
| Median award | €13,000 | 59% of awards were under €15,000 |
| Highest single award | €634,875 | Catastrophic workplace injury |
| Respondent consent rate | 70% | Agreed to IRB assessment or mediation |
| Assessment acceptance rate | 50% | Up slightly from 48% in 2023 |
| Average assessment timeline | 11.2 months | Increased year-on-year despite reforms |
| Avoided litigation costs | €76 million | Estimated savings from claims not going to court |
| Motor claims share | 69% | Employer liability 17%, public liability 13% |
Source: IRB Annual Report 2024 [4], published July 2025. Figures exclude fatal claims and Garda Compensation Scheme cases.
Recent case law that affects personal injury claims
Delaney v Personal Injuries Assessment Board [2024] IESC 10
The Supreme Court confirmed the Personal Injuries Guidelines have legal force, having been approved by the Oireachtas through the Family Leave and Miscellaneous Provisions Act 2021. However, the Court struck down the mechanism in Section 7 of the Judicial Council Act 2019 that allowed the Council to adopt guidelines without express parliamentary approval. Why it matters: Future changes to compensation levels require Oireachtas approval, slowing the process of updating award ranges. courts.ie [23].
Collins v Parm & Ors [2024] IECA 150
The Court of Appeal adjusted a High Court award and clarified the approach to assessing general damages for multiple injuries. The judgment emphasised that courts must identify the dominant injury, apply an uplift for secondary injuries, and provide reasons when departing from the Guidelines. Why it matters: Strengthens the proportionality framework and sets expectations for how judges document their reasoning. courts.ie 23.
Evidence checklist and templates
IRB Evidence Gathering Checklist (PDF)
Expense and Receipt Tracker (XLSX)
Section 8 Letter of Claim Template (DOCX)
These are educational resources for general guidance only, not legal advice. Every case is different.
Common questions about personal injury claims in Ireland
How long does a personal injury claim take in Ireland?
Most claims take between 12 and 24 months from application to resolution. The IRB assessment process averaged 11.2 months in 2024. If the claim proceeds to court, add 1 to 3 years. Mediated claims are resolving in approximately three months.
The IRB statistics don't capture the time spent gathering medical evidence before filing, which can add 2 to 6 months to the total timeline.
Next step: See our claim process guide for a detailed timeline.
How much compensation will I get for a personal injury claim?
Compensation depends on injury severity, recovery time, and the financial losses you can prove. The average IRB award in 2024 was €18,967, but awards range from under €1,000 for minor soft-tissue injuries to over €600,000 for catastrophic injuries. General damages follow the Personal Injuries Guidelines [1]. Special damages are assessed separately. Awards vary case by case.
Next step: See our compensation guide for ranges by injury type.
Do I need a solicitor to make a personal injury claim?
You're not legally required to use a solicitor, but the vast majority of claimants do. The IRB process was designed to allow direct applications. However, identifying the correct respondent, gathering sufficient medical evidence, meeting procedural deadlines, and evaluating whether to accept or reject an assessment all involve legal judgment that affects the outcome.
The stakes are higher than they appear. A mistake in naming the wrong respondent can result in you paying their legal costs.
Next step: 01 903 6408 for an initial discussion about your situation.
Can I claim if the accident was partly my fault?
Yes. Contributory negligence reduces your compensation proportionally but does not eliminate your claim. If you were 30% at fault, your award is reduced by 30%. This principle is established under Section 34 of the Civil Liability Act 1961 [6].
Many successful claims involve some degree of shared fault. The question is the percentage, not whether you can claim at all.
Next step: See our contributory negligence guide.
What is the time limit for a personal injury claim in Ireland?
Two years from the date of the accident or from the date of knowledge. Exceptions apply for children (clock starts at 18th birthday), mental incapacity, and assault claims (six years). Since September 2023, only a complete IRB application, including the medical report, pauses the clock.
Next step: See our time limits guide for all exceptions.
Are medical negligence claims handled differently?
Yes. Medical negligence claims are exempt from the IRB process and proceed directly to the High Court through a dedicated Clinical Negligence List. The evidentiary burden is higher, the cases more complex, and the only way to stop the two-year limitation clock is to issue court proceedings.
Next step: See our medical negligence guide.
What is the IRB mediation service?
The IRB now offers free, voluntary mediation for all personal injury claim types. Introduced under the 2022 Act and fully operational since December 2024, mediation uses an independent mediator to help both parties reach agreement, typically via telephone, within approximately three months.
If agreement is reached, a 10-day cooling-off period applies before the settlement becomes a binding Order to Pay.
Next step: See the IRB mediation page [14].
Should I accept or reject an IRB assessment?
This is the most consequential decision in many claims. You have 28 days to decide. Failure to respond counts as a rejection. If you reject an assessment that the respondent accepted and then fail to beat it in court, you risk paying both sides' legal costs under Section 51A.
Your solicitor should compare the assessment against the Personal Injuries Guidelines for your injury category and advise whether the potential court uplift justifies the litigation risk.
Next step: See our settlements guide.
What happens after an IRB authorisation?
An authorisation is a legal document permitting you to issue court proceedings. Your solicitor has six months from the date of authorisation, plus any remaining balance of the original two-year limitation period, to file a personal injuries summons.
Next step: See our after IRB authorisation guide.
Can I change solicitor during a personal injury claim?
Yes. You can change solicitor at any stage. Your file must be transferred to the new solicitor upon request. The outgoing solicitor is entitled to payment for work done to date. Changing solicitor does not restart your claim or reset deadlines.
Next step: See our change solicitor guide.
Can I claim if I didn't report the accident at the time?
You can still make a claim, but a delayed report weakens your evidence. There's no absolute legal requirement that stops a claim because of a late report. However, the absence of a contemporaneous accident report, Garda record, or incident book entry gives the insurer grounds to challenge your account of what happened. Witnesses become harder to locate, CCTV may be overwritten, and the gap itself raises credibility questions.
The longer the delay, the harder it becomes to prove the circumstances of the accident. If you haven't reported yet, do so now and seek legal advice on how to strengthen your position.
What to consider next
What evidence should I gather before contacting a solicitor?
At a minimum: a GP visit record, photographs of the accident scene (including approach views from 20 to 30 metres back), any accident report or Garda reference, witness names, and receipts for any expenses. The more you preserve early, the stronger your position. See our evidence guide.
What if my employer retaliates after I make a workplace injury claim?
An employer cannot lawfully dismiss or penalise you for making a personal injury claim arising from a workplace accident. Retaliation may give rise to a separate employment law claim. However, the fear of retaliation is one of the most common reasons people delay workplace claims, which puts their limitation period at risk. See our accident at work guide.
Legal disclaimer. This is general information about the personal injury claims process in Ireland, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
About the author. Gary Matthews is the principal solicitor at Gary Matthews Solicitors, Dublin. He holds a current Practising Certificate (No. S8178) from the Law Society of Ireland and acts for claimants across all categories of personal injury, including road traffic accidents, workplace injuries, public liability, and medical negligence cases throughout Ireland.
References
- Personal Injuries Guidelines, Judicial Council (2021)
- Making a claim, Injuries Resolution Board (Updated 2025)
- Injuries Resolution Board, Citizens Information (Updated November 2025)
- Annual Report 2024, Injuries Resolution Board (July 2025)
- Civil Liability and Courts Act 2004, Irish Statute Book
- Civil Liability Act 1961, Irish Statute Book
- Taxes Consolidation Act 1997 s.613, Irish Statute Book
- Safety, Health and Welfare at Work Act 2005, Irish Statute Book
- Occupiers' Liability Act 1995, Irish Statute Book
- Personal Injuries Resolution Board Act 2022, Irish Statute Book
- PIAB Amendment Act 2007 Section 51A, Irish Statute Book
- National Claims Information Database, Central Bank of Ireland (2025)
- Minister announces IRB motor mediation commencement, gov.ie (December 2024)
- Mediation, Injuries Resolution Board (Updated 2025)
- Statute of Limitations 1957, Irish Statute Book
- Law Society of Ireland
- Delaney v PIAB [2024] IESC 10, Courts Service
- Judicial Council Amendment Bill 2026, gov.ie
- Legal Services Regulation Act 2015 Section 150, Irish Statute Book
- Legal Services Regulatory Authority
- Civil Reform Bill 2025, Department of Justice (January 2026)
- Consultation Paper on Reform of Non-Court Adjudicative Bodies, Law Reform Commission (2025)
- Courts Service of Ireland
- Health and Safety Authority
- Personal Injuries Assessment Board Act 2003, Irish Statute Book
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
