Evidence Needed for a Personal Injury Claim 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 ·
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
Summary: The evidence needed for a personal injury claim in Ireland falls into six categories: medical reports (including the mandatory IRB Form B), scene photographs, witness details, CCTV and digital footage, financial records, and a personal injury diary. You must prove four things on the balance of probabilities: duty of care, breach, causation, and damages. We call this the Four-Element Evidence Map. Your Injuries Resolution Board (IRB) 2 application requires a compliant Form B from your treating doctor at submission. Without it, you don't receive a Section 50 acknowledgement 9 and your two-year limitation clock keeps running. Unlike in England and Wales, where the limitation period is three years under the Limitation Act 1980, Ireland's window is shorter at two years.
Answer card: Collect evidence in three timed phases using the 24-7-30 Evidence Rule: within 24 hours (photos, witnesses, GP visit), within 7 days (CCTV request, Garda report, Section 8 notice), within 30 days (Form B medical report, expense records, injury diary). Your IRB application needs Form B at submission or it won't be accepted. Sources: IRB, CLCA 2004, s.8.
Six categories of evidence for a personal injury claim in Ireland
- Medical evidence — Form B medical report, GP records, consultant reports, prognosis
- Scene evidence — photographs of the accident location, hazard, injuries, and conditions
- Witness evidence — names and contact details of independent witnesses
- Digital evidence — CCTV footage, dashcam video, fitness tracker data, phone records
- Financial evidence — payslips, Revenue records, medical receipts, travel costs, employer certificate
- Personal records — injury diary, symptom log, treatment timeline, text messages about the accident
Contents
What's changed in 2025-2026: The IRB launched a mediation pilot for motor claims in December 2024, offering a free alternative to formal assessment. The proposed Civil Reform Bill 2025 would require claimants to fully disclose pre-existing conditions from the outset. Both changes make early, thorough evidence gathering more important than before.
What must you prove to succeed in a personal injury claim?
Every personal injury claim in Ireland rests on four elements: duty of care, breach, causation, and damages. Under Irish tort law, the claimant must prove each element on the balance of probabilities, meaning it's more likely than not that the defendant's negligence caused the injury. The Citizens Information guide to negligence sets out this standard clearly.
The defendant doesn't need to prove innocence. They challenge your evidence, raise defences, and argue that the breach didn't happen or didn't cause your injuries. The Four-Element Evidence Map below shows how each piece of evidence connects to the legal element it proves.
| Legal element | What you must show | Evidence that proves it |
|---|---|---|
| Duty of care | The defendant owed you a legal obligation | Employment contract, road traffic context, premises occupancy, patient relationship |
| Breach | They failed to meet the expected standard | CCTV, photos of hazard, accident report, engineering report, cleaning logs, training records |
| Causation | The breach directly caused your injury | GP visit within 24 hours, Form B linking injury to accident, consistent medical records, symptom diary |
| Damages | You suffered real, measurable losses | Medical reports, receipts, payslips, employer certificate, actuarial report, injury diary |
A detail that catches many claimants off guard: causation is where most claims face the hardest challenge. If you delay your GP visit by weeks, insurers argue that the injury came from something else. The medical trail from accident to diagnosis must be tight and consistent.
Evidence readiness checker
Answer these questions to see where your evidence stands. This is general guidance only, not legal advice.
How soon do you need to collect evidence?
Evidence gathered in the first 48 hours is almost always the strongest material in a personal injury claim in Ireland. Conditions at the scene change, CCTV gets overwritten, and witnesses forget details. We call this timed approach the 24-7-30 Evidence Rule: collect within 24 hours, request within 7 days, complete within 30 days.
Your evidence deadline checker
Enter your accident date to see which deadlines have passed and which are still open.
Within 24 hours
See your GP or attend A&E, even if injuries seem minor. This creates the first medical record linking your injury to the accident. Delayed treatment gives insurers grounds to dispute causation.
Photograph everything. Capture the accident location, any hazards (wet floor, pothole, vehicle damage), your injuries, and any warning signs or lack of them. Include wide shots for context and close-ups for detail. Use your phone's timestamp feature and don't apply filters or edits to photos. Keep the original files with metadata intact. Place a coin or pen next to defects or wounds to show scale. Photograph any assistive devices (crutches, braces, slings) your doctor prescribes. Take follow-up photos at day 3, day 7, and day 14 to document how injuries progress, as bruising and swelling often worsen before they improve.
Get witness details. Names, phone numbers, and email addresses. Independent witnesses carry significant weight where liability is disputed. You don't need formal statements yet, just contact information.
Preserve your phone communications. Text messages or WhatsApp messages sent to family or friends immediately after the accident ("just had a fall in the car park, my back is in bits") are contemporaneous evidence. So are emails to your employer reporting the incident and phone call logs showing you rang the Gardai or an ambulance. Screenshot these and save them.
Within 7 days
Request CCTV footage. Most commercial CCTV overwrites within 28 to 30 days. Submit a Subject Access Request under GDPR Article 15 in writing. The data controller must respond within one calendar month. Keep copies of everything you send.
Report the accident. For road traffic collisions, report to Gardai. For workplace accidents, report to your employer and check if they've recorded it in the accident report book. For public places, report to the premises occupier.
Issue a Section 8 notice if you intend to claim. More on this below.
Ask your solicitor about a preservation letter. If you suspect a business or employer may destroy relevant evidence (cleaning logs, CCTV, training records, equipment), your solicitor can send a formal letter demanding they preserve it. If the recipient destroys evidence after receiving a preservation letter, the court can draw adverse inferences against them. This is a proactive step that protects your position before any evidence disappears.
Within 30 days
Arrange your Form B medical report from your treating doctor. This is the mandatory IRB document, distinct from your raw GP records. Your solicitor typically coordinates this.
Start your injury diary. Record pain levels, sleep disruption, activities you can't do, and how the injury affects work and daily life. See the diary section below.
Begin collecting receipts for medical expenses, medication, travel to appointments, and any other out-of-pocket costs caused by the accident.
Preserve physical evidence too. Keep damaged clothing, broken equipment, or any physical items connected to the accident. Don't repair or discard anything until your solicitor advises. The 24-7-30 Evidence Rule covers digital and documentary evidence, but physical items matter just as much.
What medical evidence does the IRB require?
The single most important document in your IRB application is the Form B medical report, not your raw GP clinical notes. Since September 2023, the IRB enforces strict validation rules on applications. Without a compliant Form B at submission, the Board won't issue a Section 50 acknowledgement, and your two-year limitation period keeps running.
The Form B is a structured document completed by your treating doctor. It covers the nature of injuries, treatment prescribed, prognosis timeline, relevant medical history, and any pre-existing conditions. The IRB relies on this document to assess your claim against the Personal Injuries Guidelines (2021), which replaced the former Book of Quantum.
One detail that surprises clients: raw medical records obtained under GDPR (free of charge) serve a different purpose. They're your baseline clinical history. The Form B is a paid, structured report that your solicitor commissions from your doctor specifically for the claim. Both matter, but the Form B is what the IRB needs at the application stage. This is NOT the same as a standard GP letter or attendance note.
The IRB assessment is entirely paper-based. You don't attend in person. You don't give oral evidence at this stage. The assessor reviews your Form B and supporting documents on paper and assigns your injury to a band within the Personal Injuries Guidelines. This means the quality of your written evidence is the entire case at the IRB stage. A poorly drafted Form B can't be rescued by a strong in-person presentation, because there is no in-person presentation.
Pre-existing conditions: disclose them properly
If you had a prior injury to the same body part, you must declare it in your Form B. The "eggshell skull" principle in Irish law means a pre-existing condition doesn't bar your claim. If you had a vulnerable neck and the accident made it worse, you can still claim for the worsening. However, failing to disclose the condition destroys credibility and can lead to the entire claim being dismissed. Your Form B must clearly distinguish what existed before the accident from what the accident caused or aggravated.
| Feature | Form B (IRB medical report) | Raw GDPR records |
|---|---|---|
| Purpose | Mandatory for IRB application | Background clinical history |
| Who completes it | Your treating doctor, using the IRB's prescribed format | Automatically generated from GP/hospital systems |
| Cost | Paid (typically arranged by your solicitor) | Free under GDPR Article 15 |
| Prognosis required | Yes, with estimated recovery timeline | No |
| Pre-existing conditions | Must be declared | May or may not be complete |
| Used at IRB stage | Yes, it's the primary assessment document | Supporting role only |
The quality of your Form B directly affects where your injury sits within the Personal Injuries Guidelines compensation brackets. A Form B with a clear prognosis timeline and well-documented treatment history allows the IRB to place your injury accurately within the relevant band. A vague or incomplete Form B typically results in assessment at the lower end of the bracket, or can delay the process entirely while additional reports are requested.
Proposed change to watch: The General Scheme of the Civil Reform Bill 2025 proposes that plaintiffs must fully particularise any pre-existing conditions or injuries from the very outset of their claim. If enacted, this would make thorough initial medical reporting even more important. Incomplete disclosure of prior conditions could be treated as a failure to comply with pleading requirements.
For serious or complex injuries, your solicitor may also commission reports from medical consultants, orthopaedic surgeons, or psychiatrists. These specialist reports become important if the claim proceeds to court. At this point, you'll need to decide whether specialist reports are needed based on the severity and complexity of your injuries. For a deeper look at medical documentation, see our personal injury medical evidence guide.
Scene and liability evidence
Scene evidence proves breach of duty by showing the conditions that caused your accident in Ireland. Photographs, incident reports, Garda abstracts, and engineering assessments all serve this purpose.
Photographs and video. Capture the hazard, the surrounding area, weather conditions, lighting, signage (or its absence), and any relevant markings or defects. Multiple angles help. If possible, return the next day to photograph conditions in better light.
Garda abstract. For road traffic accidents, the Garda abstract is the formal document used for legal and insurance purposes. A verbal confirmation that "there's a record on PULSE" is NOT sufficient evidence. Request the abstract from the station where the collision was reported.
Accident report forms. Workplace accidents should be logged in the employer's accident report book. Public liability incidents should be reported to the premises manager and documented. Keep your own copy of every report you complete.
Engineering reports. In complex cases involving defective premises, road defects, or machinery failures, a consulting forensic engineer provides an independent technical analysis. They evaluate compliance with safety regulations, inspect the site, and reconstruct the mechanics of the accident. Their primary duty is to assist the court impartially, not to act as an advocate for either side. For public liability claims, this type of expert evidence often proves decisive.
What happens when the defendant requests their own medical examination?
If your claim proceeds to court, the defendant's insurer will typically request an Independent Medical Examination (IME). A doctor chosen by the defence examines you and produces a report assessing your injuries. You CAN still refuse an IME, but unreasonable refusal may lead the court to draw negative inferences. Your solicitor will advise on timing and preparation. The key thing to understand: the IME doctor works for the other side, so their report may downplay your injuries. Your own Form B and consultant reports serve as the counterweight.
Expert evidence categories in Irish personal injury claims
| Expert type | What they assess | When needed |
|---|---|---|
| Medical consultant | Injury severity, prognosis, causation | All claims beyond minor injuries |
| Forensic engineer | Accident reconstruction, safety compliance | Disputed liability, workplace or premises defects |
| Actuarial expert | Future loss of earnings calculation (1.5% discount rate in Ireland) | Long-term or permanent injury with career impact |
| Vocational assessor | Labour market impact of physical restrictions | Reduced earning capacity claims |
| Consultant psychiatrist | PTSD, depression, anxiety diagnosis | Psychological injury claims (required for nervous shock) |
How do you secure CCTV footage before it's deleted?
Any person whose image is captured on CCTV in Ireland has a legal right to request a copy of that footage free of charge under GDPR Article 15. The Data Protection Commission (DPC) confirms this right, though commercial retention periods typically mean footage is deleted within 28 to 30 days of recording.
To request footage, identify the data controller (the business or person who operates the camera) and submit a written Subject Access Request (SAR). Include the date, approximate time, and location of the incident. The controller must respond within one calendar month. If they refuse or fail to respond, you can complain to the DPC.
The timing matters more than most guides suggest: in high-traffic commercial environments, retention can be as short as 7 to 14 days. Dashcams with loop recording overwrite footage even faster. This is why the 24-7-30 Evidence Rule places CCTV requests firmly in the first 7 days.
If the controller provides the footage: Save multiple copies. Your solicitor will assess whether it supports or complicates your claim.
If the controller refuses or ignores your request: File a complaint with the DPC. Keep proof of your original request. If the footage was deleted after you made a valid request, that raises separate data protection issues.
Track your request. Send it by email with a read receipt or by registered post. A tracked request creates timestamped proof that you asked. For a step-by-step walkthrough, see our CCTV request guide.
The High Court ruled in Dudgeon v Supermacs Ireland Ltd [2020] IEHC 600 that a restaurant was not obliged to disclose CCTV recordings through the discovery process in that specific case. This ruling relates to discovery in litigation, not to GDPR access rights. A Subject Access Request under GDPR Article 15 remains the correct route for obtaining footage before court proceedings begin.
Wearable tech and phone data as evidence
If you wear a fitness tracker or smartwatch (Apple Watch, Fitbit, Garmin), the data on your wrist may support your claim. Step counts dropping from 10,000 per day to 2,000 after the accident, sleep quality declining, and resting heart rate spiking all create an objective, timestamped record of how your injury affected your daily function. This data can corroborate your injury diary and medical evidence. However, it cuts both ways: if your activity data contradicts your claimed restrictions, the defence can use it against you. Don't delete or reset your device after an accident. Speak to your solicitor about whether your wearable data helps or hinders your case.
What financial evidence proves your losses?
Special damages cover your actual financial losses: medical expenses, lost earnings, travel costs, and other out-of-pocket spending caused by the accident. Irish courts require specific documentation for each category. Vague estimates won't suffice.
Loss of earnings (PAYE employees)
Provide your Employment Detail Summary (EDS) from Revenue's myAccount portal, consecutive pre-accident and post-accident payslips, and a Loss of Earnings Certificate from your employer. The IRB uses this employer certificate to validate the exact duration of absence and net income lost. For a detailed breakdown, see our loss of earnings guide.
Loss of earnings (self-employed)
Self-employed claimants face a higher evidence standard in Ireland. You'll need Form 11 Income Tax Returns and Revenue Notices of Assessment for at least three consecutive years before the accident. This historical data establishes a reliable income baseline. Complex cases may require a forensic accountant to analyse trading patterns and project losses.
If you're a PAYE employee: The process is relatively straightforward. Your employer provides the Loss of Earnings Certificate directly to the IRB.
If you're self-employed or a gig worker: The evidence burden is higher. Prepare three years of Revenue returns and consider whether a forensic accountant is needed.
The difference between assessment and acceptance often comes down to how well special damages are vouched. Missing receipts and unsupported estimates give insurers grounds to challenge your figures.
Medical and other expenses
Keep receipts for GP visits, consultant fees, physiotherapy, prescription medication, medical devices, hospital parking, and travel to appointments. If family members help with daily tasks you can no longer do, keep a log of the hours and the nature of the help. This leads to the question of how compensation is calculated once all losses are documented.
Your injury diary: how to keep one that counts
A contemporaneous injury diary provides evidence of pain, suffering, and the daily impact of your injury that's difficult to reconstruct months or years later. Irish courts and the IRB consider diary entries when assessing general damages under the Personal Injuries Guidelines.
Record your symptoms daily for the first three months. Note pain levels on a 0 to 10 scale, sleep disruption, activities you can't perform, emotional effects, and changes in your condition. Include the dates of all medical appointments and what treatment you received.
After three months, write entries when symptoms change: flare-ups, new symptoms, or treatment changes. The diary doesn't need to be formal or polished. A few lines each day in a notebook or phone note, written in your own words, carries more weight than a structured document produced months after the event.
Keep entries factual and honest. If the case goes to court, the defence can request your diary. Exaggeration or inconsistency between diary entries and medical records creates credibility problems. Write what's true, not what you think will help.
How can social media posts affect your claim?
Insurance companies and defence solicitors in Ireland routinely monitor claimants' social media profiles for posts that contradict the claimed injuries. A photograph of you at a family event can be used to suggest you're not in pain, even if you struggled the entire day.
Irish courts have dismissed claims based on social media evidence. In Danagher v Glantine Inns [2010] IEHC 214, the plaintiff's Facebook activity (including sports participation) contradicted their claimed injury restrictions. In Gervin v MIB [2017] IEHC 286, the claimant said they couldn't attend the gym, but Facebook posts proved otherwise. The Court found the evidence undermined credibility.
Under Section 26 of the Civil Liability and Courts Act 2004, the court must dismiss a personal injury claim if the claimant knowingly gives false or misleading evidence, unless dismissal would cause injustice. Separately, Section 25 makes it a criminal offence to give false evidence in a personal injury action, with penalties under Section 29 of up to €100,000 or up to 10 years imprisonment on conviction.
If you haven't posted about your accident yet: Don't. Set profiles to private. Ask family members not to tag you in photos during the claim.
If you've already posted about your accident or injuries: Do NOT delete the posts. Deleting posts can raise separate issues. Speak to your solicitor about what to do next.
What evidence changes depending on your claim type?
The core evidence principles apply across all personal injury claims in Ireland, but each claim type has specific requirements that the Four-Element Evidence Map handles differently.
| Claim type | Key specific evidence | Common gap |
|---|---|---|
| Road traffic accident | Garda abstract, dashcam footage, vehicle damage photos, other driver's insurance details | Failing to request the Garda abstract (not just confirming a PULSE record) |
| Workplace accident | Accident report book entry, training records, risk assessments, HSA report (if made), PPE records | Employer fails to record the accident or loses the report |
| Public liability | CCTV, cleaning/maintenance logs, photos of hazard, premises inspection records, witness details | CCTV deleted before request is made |
| Medical negligence | Full medical records (GDPR request), independent expert medical report, complaint records, consent forms | Claims bypass the IRB (court-only route) but claimants don't know this |
One aspect the official guidance doesn't cover: in workplace accident claims, your employer's training records and risk assessments often prove or disprove breach. If they can't produce a signed training record for the task that injured you, that gap in their documentation strengthens your case. Request copies early, before records go missing.
If your claim involves medical negligence: Your case bypasses the IRB entirely and goes directly to court. You CAN still claim even without IRB involvement for medical negligence cases.
If your claim involves any other type of accident: You must go through the IRB before court proceedings can begin. This is a mandatory step under Irish law.
The Section 8 notice and its one-month deadline
Under Section 8 of the Civil Liability and Courts Act 2004 3, you must send a written letter of claim to the person or organisation you believe caused your injury within one month of the accident. This deadline was reduced from two months in January 2019.
Unlike in England and Wales, where detailed pre-action protocols govern how claims begin, Ireland has no equivalent formal protocol. The Section 8 notice is the closest requirement, and it's simpler: a brief written letter stating the nature of the accident, the date, the location, and that you intend to claim.
Missing this deadline doesn't automatically bar your claim (the two-year statute of limitations still applies). However, the court can draw adverse inferences about your credibility and penalise you on legal costs. A claimant who fails to serve a timely Section 8 notice without reasonable justification may be denied their own costs or ordered to pay part of the defendant's costs, even if they win the case. Source: Law Society of Ireland.
Send the letter by registered post. You don't need to know the full extent of your injuries at this stage. Keep proof of posting. The next step is to prepare your full IRB application.
What happens to evidence if your case goes to court?
If your claim proceeds beyond the IRB to court proceedings in Ireland, both sides exchange documents through a formal process called discovery. This is different from the initial evidence you gather after the accident. Discovery happens after legal proceedings have been issued.
During discovery, the defendant can request your medical records, employment records, social welfare records, and other documents relevant to the claim. You can request their maintenance logs, CCTV policies, training records, and internal correspondence. The Courts Service rules on discovery set out the process.
Under Section 14 of the CLCA 2004 3, both parties must swear a verifying affidavit confirming the truth of their pleadings. Failure to file this affidavit allows the court to draw adverse inferences or strike out the claim. Providing false information in a verifying affidavit is a criminal offence under Section 29 11, carrying fines up to €100,000 or imprisonment up to 10 years.
What the timeline estimates don't account for: the court also has the power to disregard any income that wasn't declared for tax purposes when calculating your loss of earnings damages. Under Section 20 of the CLCA 2004, undeclared income is simply excluded from the award. This makes clean Revenue records a form of evidence in their own right, not just a tax compliance matter.
The evidence you collect immediately after the accident becomes the foundation for your case at every stage. Strong early evidence reduces the risk of disputes during discovery and strengthens your negotiating position. For an overview of the full process, see our claim process guide.
What evidence mistakes weaken your claim?
The most damaging evidence mistakes happen in the first week after an accident, when the claimant doesn't yet realise they'll need to prove their case months or years later.
Delaying medical treatment. Seeing a doctor two or three weeks after the accident creates a gap that insurers exploit. They argue the injury wasn't serious or was caused by something else. The 24-7-30 Evidence Rule puts GP attendance in the first 24 hours for exactly this reason.
Not requesting CCTV in time. By the time many claimants think about CCTV, the footage has already been overwritten. Request within 7 days.
Giving a recorded statement to the other side's insurer. Insurers may contact you directly and ask for a statement. Anything you say can be used to reduce or deny your claim. Speak to a solicitor first.
Gaps in treatment. Stopping physiotherapy or missing follow-up appointments creates an inference that you've recovered. Attend every appointment. Follow every treatment recommendation.
Posting on social media. Even a casual photo at a birthday party can be taken out of context. See the social media section above.
Discarding physical evidence. Damaged clothing, broken equipment, or defective products can prove what happened. Don't throw anything away.
What to consider next
Once I have my evidence, what's the next step in the claim process?
Your solicitor reviews the evidence, arranges the Form B, and submits your IRB application. The IRB then notifies the respondent, who has 90 days to consent. For a walkthrough of each stage, see our claim process guide.
What if liability is disputed and the other side denies fault?
Disputed liability makes evidence quality even more important. CCTV, independent witnesses, and engineering reports become decisive. Your solicitor may also need to address contributory negligence arguments if the other side claims you were partly at fault.
How does evidence quality affect how much compensation I receive?
Strong evidence allows accurate assessment against the Personal Injuries Guidelines bands. Weak evidence means lower brackets or disputed quantum. The better your medical prognosis documentation and financial vouching, the stronger your negotiating position at settlement.
Common questions
What is the most important piece of evidence for a personal injury claim in Ireland?
The Form B medical report is the most critical document. Without a compliant Form B, the IRB won't accept your application, and your two-year limitation clock continues running. Beyond that, the strength of your claim depends on how well your evidence proves all four elements using the Four-Element Evidence Map: duty, breach, causation, and damages.
The IRB introduced strict validation rules in September 2023. A standard GP letter doesn't meet the Form B requirements.
Next step: Ask your solicitor to arrange the Form B from your treating doctor.
How quickly should I see a doctor after an accident?
Within 24 hours. This creates the earliest medical record linking your injury to the accident. Delayed treatment weakens the causation link and gives insurers grounds to argue the injury came from another source.
Even if you feel fine initially, some injuries (whiplash, concussion, internal damage) don't show symptoms for days.
Next step: Attend your GP or A&E as soon as possible after the accident.
Can I request CCTV footage of my accident?
Yes. Under GDPR Article 15, any person identifiable on CCTV can request a copy free of charge. Submit a written Subject Access Request to the data controller (the business operating the camera). They have one month to respond. Act fast, as most footage is deleted within 28 to 30 days. Source: DPC guidance.
Next step: Identify the camera location and submit your SAR in writing this week.
What is the Section 8 notice and do I need to send one?
Yes, if you intend to claim. Section 8 of the Civil Liability and Courts Act 2004 requires a written letter of claim sent to the respondent within one month. Missing this won't automatically bar your claim, but it can result in cost penalties and adverse credibility inferences in court.
Next step: Send a brief letter by registered post within one month of the accident.
Will my social media posts affect my claim?
They can. Insurance companies check claimants' social media for posts that contradict claimed injuries. Irish courts have dismissed claims based on Facebook and Instagram evidence. Avoid posting about your accident, injuries, or activities during the claim. Don't delete old posts (this creates separate problems), but set your profiles to private and ask family not to tag you.
Next step: Review your privacy settings and speak to your solicitor about online activity.
What evidence do I need for a workplace injury claim?
The core evidence (medical records, photos, diary) applies, plus workplace-specific documents. You need the accident report book entry, your employer's training records for the task involved, any risk assessments, and records of any PPE provided. If the employer failed to report the accident to the HSA, that failure itself can be evidence of negligence.
Next step: Check whether your employer recorded the accident. If not, report it yourself and keep a copy. See our workplace accident guide.
How long do I have to gather evidence before my claim expires?
You have two years from the accident (or the "date of knowledge") to make a claim in Ireland. However, evidence degrades over time. CCTV is deleted within weeks, witnesses forget details within months, and physical conditions at accident scenes change quickly. Start collecting evidence immediately, even if you're unsure about claiming. Source: Citizens Information.
Next step: Begin evidence collection now and contact a solicitor for a case assessment.
What happens if I don't have enough evidence?
Weak evidence means a weaker claim, but gaps can sometimes be filled. Your solicitor assesses what you have and identifies what's missing. Some evidence (CCTV, witness testimony) may be recoverable through formal requests or court orders. Other evidence (first-day photos, immediate medical records) can't be recreated if not collected at the time. Your solicitor can also instruct expert witnesses (engineers, medical consultants) to fill gaps.
Next step: Contact us on 01 903 6408 for a free case assessment. We'll review what you have and advise on next steps.
Do I need to keep a symptom diary for my claim?
You don't legally have to, but it strengthens your claim for general damages. The IRB and courts assess pain and suffering based on medical evidence, but a contemporaneous diary adds detail that medical records alone can't capture: how the injury affects sleep, work, mood, and daily activities. Write a few lines each day for the first three months, then record changes as they happen. Keep entries honest and factual.
Next step: Start recording today. A notebook or phone note is all you need.
References
- Citizens Information: Negligence and Compensation (Accessed April 2026)
- Injuries Resolution Board: How to Make a Claim (Accessed April 2026)
- Civil Liability and Courts Act 2004 (Irish Statute Book)
- Data Protection Commission: CCTV, Discovery and Access Requests
- Personal Injuries Guidelines (Judicial Council, 2021)
- Health and Safety Authority: Accident Reporting
- Courts Service: Discovery and Inspection of Documents
- Law Society of Ireland: Changes to CLCA 2004
- Personal Injuries Assessment Board Act 2003, s.50 (Irish Statute Book)
- General Scheme of the Civil Reform Bill 2025 (gov.ie)
- Civil Liability and Courts Act 2004, s.29 (Offence penalties) (Irish Statute Book)
- Personal Injuries Resolution Board Act 2022, Commencement Phases (gov.ie, December 2023)
Resources
Related guides on this site:
Personal Injury Claims in Ireland (pillar guide)
Time Limits for Personal Injury Claims
Personal Injury Compensation in Ireland
Personal Injury Claim Documents Checklist
Personal Injury Medical Evidence Guide
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
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
