Personal Injury Claim Documents Checklist Ireland (2026)

Gary Matthews, Personal Injury Solicitor Dublin

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 · Last updated:

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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.

In 30 seconds: what documents do you need for a personal injury claim in Ireland?

Core set (every claim): Form A (application), Form B (medical report), PPSN, photos of the scene and injuries, witness contact details, receipts for every expense, Loss of Earnings Certificate, symptom diary.
Add for RTA: Garda abstract, dashcam footage, other driver's insurance details.
Add for workplace: Accident book entry, HSA report (if 3+ days off), employer's safety statement.
Add for public liability: CCTV footage (GDPR request within 48 hours), accident report book entry, cleaning logs.
Deadline: Two years from the accident date. File Form A + Form B together before the clock runs out.

Summary: A personal injury claim in Ireland requires three categories of documents: proof of your identity and the accident, a Form B medical report [1] from your treating doctor, and vouched evidence of your financial losses. The Injuries Resolution Board (IRB) [2], formerly the Personal Injuries Assessment Board (PIAB) until 14 December 2023, will not issue a Section 50 acknowledgement without a valid Form B. That acknowledgement pauses your two-year statute of limitations clock. Missing it is the single most common documentation error in Irish personal injury claims.

Quick answer: Form A (application) + Form B (medical report with causation + prognosis) + PPSN + special damages receipts + accident evidence (photos, Garda abstract, witness details). Fee: €45 online / €90 post. Without Form B, your limitation clock keeps running. Sources: IRB [2], Citizens Information [3].

Quick answers

How many documents?
8 core items for every claim type. More for RTA, workplace, or public liability specifics.
Cost to file?
€45 online, €90 post. Medical report: €250–€400.
Time limit?
2 years from accident. Clock only pauses when IRB issues Section 50 acknowledgement.
Ireland vs UK?
Ireland: 2-year limit + mandatory IRB. England: 3-year limit, no mandatory assessment body.
Self-employed?
3 years of Form 11 tax returns + accountant letter + contract evidence.
CCTV window?
14–30 days before overwrite. Send GDPR request within 48 hours.

IRB 2024 snapshot: The Injuries Resolution Board received 20,837 personal injury applications in 2024, up 3% on 2023. The overall acceptance rate for IRB assessments was 50%, its highest since the Personal Injuries Guidelines came into effect. The median award was €13,000 and the average award was €18,967. Total compensation awarded in 2024 reached €168 million across 8,392 approved awards. Motor liability claims made up 69% of the Board's caseload. Source: IRB Annual Report 2024 (Published July 2025) [2].

Key differences: personal injury claim documents in Ireland versus England and Wales Ireland vs UK: key document differences Ireland • 2-year limitation period • Mandatory IRB assessment before court • Form A + Form B required (with ICD, WAD) • PPSN for identity verification • Personal Injuries Guidelines 2021 England & Wales • 3-year limitation period • No mandatory assessment body • No Form B equivalent • NI number (different system) • Judicial College Guidelines (different ranges)
If a guide mentions "three years" or "pre-action protocol," it is written for England, not Ireland. This checklist is Ireland-specific.
Contents

What documents do you need for a personal injury claim in Ireland?

Every personal injury claim in Ireland requires these core documents: a completed Form A, a valid Form B medical report, your PPSN, proof of special damages, and evidence of how the accident happened. The specific evidence varies depending on whether your accident was a road traffic collision, a workplace injury, or a public liability incident.

Core documents checklist (applies to all claim types in Ireland)
DocumentPurposeWhere to get it
Form A (IRB application)Formally lodges your claim with the IRBIRB portal [2] or solicitor files on your behalf
Form B (medical report)Proves injury causation and severityYour treating doctor (GP or hospital consultant)
PPSN (or passport for non-residents)Identity verification (mandatory since Sept 2023)Your PPS card or Revenue correspondence
Accident photos and scene evidenceDocuments conditions and hazards at time of accidentYour phone camera, dashcam, or CCTV request
Witness names and contact detailsCorroborates your account of the accidentCollected at the scene or shortly after
Receipts for all out-of-pocket expensesProves special damages (medical costs, travel, medication)Pharmacies, hospitals, GPs, physio clinics
Loss of earnings certificate or employer letterProves income lost during recoveryYour employer (specific IRB format) or accountant
Symptom diary / pain journalDocuments daily impact on your life for general damagesYou write this yourself from Day 1

Your personalised documents checklist

Select your accident type to see the specific documents you need.

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The Three-Stage Evidence File

We call this the Three-Stage Evidence File because Irish personal injury claims move through three distinct phases, and each phase requires different documents. No other checklist in Ireland maps documents to these stages. Most guides dump everything into a single list, which leaves claimants confused about what they need now versus what they'll need later.

Three stages of claim documents: solicitor meeting, IRB application, court proceedings Stage 1 Solicitor meeting Stage 2 IRB application (Form A + B) Stage 3 Court (if IRB rejected)
The Three-Stage Evidence File: each stage has different document requirements. Most claimants only need Stages 1 and 2.

Most claims settle at Stage 2. According to the IRB [2], roughly half of assessments are accepted by both parties. If either side rejects the assessment, the claim moves to Stage 3. Your solicitor will tell you which stage you're approaching and what documents to prepare next.

When to gather each document

Evidence preservation timeline for personal injury claims in Ireland
WhenWhat to doWhy the deadline matters
Day 1 (at the scene)Photos of scene, hazard, injuries, vehicle damage. Witness names and numbers. PULSE reference (RTA). Accident book entry (workplace).Scene conditions change within hours. CCTV overwrites within days.
Within 48 hoursGDPR Subject Access Request for CCTV. Garda report (RTA). Written account of what happened.CCTV footage has 14 to 30 day retention. Budget systems as short as 7 days.
Week 1GP visit. Book Form B appointment. Start symptom diary. Report to employer/HSA (workplace).Early medical attendance creates a documented link between accident and injury.
Month 1Formal witness statements (your solicitor takes these). Begin receipt collection for special damages.Witness recall degrades significantly after 2 to 4 weeks.
Month 2 to 3Form B completed. Special damages file organised. Loss of Earnings Certificate from employer.Form B must be ready before Form A submission to trigger Section 50 acknowledgement.
Before 2 yearsForm A + Form B submitted to IRB. Section 50 acknowledgement received.Statute of Limitations expires at 2 years. No extensions except for children or date-of-knowledge cases.
Evidence preservation timeline: Day 1 to 2-year deadline Day 1 Photos Witnesses PULSE ref 48 hrs CCTV request Garda report Written account Week 1 GP visit Book Form B Start diary Month 1 Witness statements Receipt collection Month 2-3 Form B completed Earnings cert File organised 2 years Form A + B filed Section 50 issued DEADLINE
Evidence preservation timeline: urgency decreases left to right, but the two-year deadline is absolute. Red and orange milestones are the most time-critical.

What should you bring to your first solicitor meeting?

Your solicitor needs enough information to assess whether you have a viable claim and to identify the correct respondent. Bring everything you have. A detail that catches many claimants off guard: if you name the wrong respondent on Form A, the IRB cannot reassign the application. You may have to start again, and the limitation clock does not reset.

Stage 1: Documents for your first solicitor meeting
What to bringWhy it matters
Your own written account of the accidentHelps your solicitor identify liability and draft Form A accurately
Photos of the accident scene, hazard, or vehicle damageEstablishes conditions before cleanup or repair
Photos of your injuries (taken as soon as possible)Visual evidence of severity at the early stage
Names and phone numbers of any witnessesFormal witness statements are taken by your solicitor
PULSE incident number or Garda station name (RTA)Needed to request the formal Garda abstract later
Accident book entry or employer incident report (workplace)Proves the accident was reported internally
Your GP or hospital discharge letterConfirms you sought medical attention after the accident
Details of the party you believe is at faultAccurate respondent identification is critical for Form A
Your PPS numberRequired for the IRB application
Any correspondence from insurers or the other partyMay contain admissions or relevant details

Your solicitor handles the rest: requesting medical records, drafting Form A, obtaining the Garda abstract, and filing with the IRB. The more you bring to the first meeting, the faster the process starts. See our guide to the personal injury claim process in Ireland for the full timeline.

The Section 8 letter of claim

Under Section 8 of the Civil Liability and Courts Act 2004 [16], a formal letter of claim must be sent to the respondent within one month of the accident. This is an Irish-specific requirement with no direct equivalent in England and Wales. The letter must contain the date and location of the accident, a summary of how it occurred, a description of the injuries, and notice of the claimant's intention to seek compensation. Your solicitor drafts and sends this. If no Section 8 letter is sent, the court may penalise the claimant on costs later. Keep a copy and proof of delivery in your claim file.

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What documents does the IRB need?

The Injuries Resolution Board requires Form A, Form B, your PPSN, and evidence of special damages to process your claim. Since September 2023, stricter validation rules mean applications with missing fields are returned incomplete. According to the IRB claims guidance (Updated 2025) [2], a claim cannot proceed without a completed medical report at the time of submission.

Unlike in England and Wales, where personal injury claims can proceed directly to court, in Ireland all claims except medical negligence must go through the IRB before court proceedings can be issued. This mandatory step under the Personal Injuries Assessment Board Act 2003 [4] means your documentation must satisfy the IRB's requirements first, not just a court's.

One detail the official guidance doesn't fully explain: without a valid Form B at submission, the IRB will not issue a Section 50 acknowledgement. That acknowledgement is what stops your two-year limitation clock under s.50 of the Act [4]. A claimant who submits Form A without Form B is exposed to being statute-barred while waiting for their doctor to complete the report.

Timing trap: The two-year limitation clock runs from the accident date (or date of knowledge). It only pauses when the IRB issues a Section 50 acknowledgement, which requires a valid Form B. If your doctor takes three months to complete Form B and you submitted Form A at 22 months, you may already be out of time. Book the Form B appointment early. Source: PIAB Act 2003, s.50 [4].

The IRB application fee is €45 online or €90 by post. Even if your solicitor prepares and files the application, you must personally sign the declaration. Electronic signatures are accepted for online submissions. Source: Citizens Information (Updated 2025) [3].

What makes a valid Form B medical report?

A valid Form B must include five specific elements: causation, diagnosis with ICD coding, dominant injury identification, prognosis, and (for whiplash) a WAD grade. The treating doctor who actually examined and treated you for accident-related injuries must complete it. A medico-legal expert who only reviewed records cannot provide the initial Form B. Source: IRB Guidance on Medical Reports [1].

We call this the Document Strength Ladder: the difference between a minimum-viable Form B and a strong one is often the difference between a quick assessment and a rejected application. A minimum Form B states "patient injured in accident." A strong Form B states "the accident on [date] caused [specific injury] based on clinical examination, consistent with the mechanism described, with an expected recovery of [X months] and [specific limitations]." The second version gives the IRB exactly what it needs to assess damages under the Personal Injuries Guidelines (2021) [5].

Form B: Five mandatory fields
FieldWhat it meansCommon error
Causation linkDoctor states the accident caused or worsened the injuriesVague wording like "patient reports" instead of a clear medical opinion
ICD diagnostic codingWHO International Classification of Diseases code for each injuryMissing entirely or using outdated codes
Dominant injuryThe single most significant injury for assessment purposesListing multiple injuries without ranking
PrognosisExpected recovery timeline and any permanent effectsNo prognosis included (the most common reason applications stall)
WAD grade (whiplash only)Quebec Task Force grade I to IV for neck injuriesOmitted entirely for whiplash claims
Form B medical report: five mandatory fields with common errors Form B: Is yours valid? Five fields the IRB checks Causation link Doctor states accident caused the injuries ICD coding WHO diagnostic code for each injury Dominant injury Single most significant injury identified Prognosis MOST COMMON ERROR: often missing entirely ! WAD grade Whiplash only: QTF grade I to IV ✓ = Valid ✗ = Common rejection trigger ! = Required for specific injury types only If ANY required field is missing, the IRB will not issue a Section 50 acknowledgement. Your limitation clock keeps running.
The five fields the IRB checks on every Form B. Prognosis (recovery timeline) is the field most often missing. Without it, your application stalls.

The timing matters more than most guides suggest: book your Form B appointment as soon as initial treatment allows. Medical reports typically cost €250 to €400. The IRB includes a medical report allowance in your assessment, but the allowance may be less than what you paid. Keep your receipt. The shortfall becomes part of your special damages claim.

Fatal injury exception: Applications for fatal injuries under Part IV of the Civil Liability Act 1961 [13] do not require a Form B medical report at the time of initial submission. The IRB's September 2023 guidance notes confirm this. If you are making a claim following a death in the family, your solicitor can file Form A without Form B. This is the only claim type with this exemption.

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How to document special damages

Special damages are your actual financial losses, and every euro must be vouched with a receipt, invoice, or official letter. An unvouched expense does not count. The IRB and the courts require proof for each item you claim. Source: Citizens Information [3].

Special damages documentation requirements
Expense typeWhat to keepPractical tip
GP visits and consultant feesDated receipts from each visitAsk the receptionist for a receipt even if you pay by card
Medication and prescriptionsPharmacy receipts with drug names and datesKeep the pharmacy bag stapled to the receipt
Physiotherapy and rehabilitationInvoices from each sessionRequest a summary invoice at the end of each treatment block
Travel to medical appointmentsMileage log (date, destination, km) or public transport receiptsUse a spreadsheet or notebook from Day 1
Loss of earnings (employed)IRB Loss of Earnings Certificate completed by employerThis is a specific IRB form, not a generic employer letter
Loss of earnings (self-employed)Form 11 returns, business accounts, accountant letterThree years of accounts creates a defensible average

For more detail on how special damages affect your compensation, see our guide to personal injury compensation in Ireland.

Documents from the other side that you should keep

Your special damages file should also include documents generated by the respondent's insurer. Keep every piece of correspondence from the at-fault party or their insurer: admission or denial letters, settlement proposals, and any Section 17 lodgment offers [16] (formal offers to settle under the Civil Liability and Courts Act 2004). If you gave a recorded statement to the other driver's insurer, submit a GDPR request within 30 days to obtain a copy and transcript. These documents may be relevant at court if the claim proceeds past the IRB.

Private health insurance and out-of-pocket tracking

If you have private health insurance with VHI, Laya Healthcare, or Irish Life Health, document the split between what your insurer covered and what you paid yourself. This matters because your health insurer can recover their outlay from the defendant's insurer, and you can only claim for what you actually paid out of pocket. If your policy has a waiting period that prevented cover for your injury (26 weeks for new conditions, 5 years for pre-existing conditions), every uninsured expense becomes a special damages item. Keep itemised hospital invoices showing the health insurance contribution alongside your personal payment.

Social welfare documents you'll need while your claim is processed

If you're out of work due to your injury, you'll need to apply for Illness Benefit from the Department of Social Protection while your claim is being assessed. No other Irish documents checklist covers this, yet it affects every claimant who misses work. You need to submit an IB1 Form [14] (Application for Illness Benefit) within six weeks of becoming unable to work. Late applications require written justification for the delay.

Your GP submits a Certificate of Incapacity for Work (Med1) electronically to the Department. You'll need to confirm your PRSI contribution class, as not all classes qualify. Class A, E, and H contributions are eligible. Civil servants paying Class B or D (recruited before April 1995) follow a separate internal process. There is also a five-day waiting period at the start of each calendar year where benefit is not paid. Source: MyWelfare.ie [14].

Keep copies of your IB1, Med1 confirmations, and all Illness Benefit or Injury Benefit payment records. Under the Recovery of Certain Benefits and Assistance (RBA) Scheme, the compensator (insurer) pays the Department directly for any benefits you received during your claim period. Your solicitor will need these records to calculate the net settlement correctly.

Documents by accident type

The core checklist above applies to every claim, but each accident type requires specific evidence that proves how the accident happened and who was at fault. The three main categories in Ireland are road traffic accidents, workplace injuries, and public liability incidents.

Road traffic accident (RTA) claims

DocumentWhy it mattersHow to get it
Garda abstract (not just your PULSE number)Official record of the collision. The PULSE number is your immediate reference. The Garda abstract is the formal document solicitors and insurers need.Request from the Garda station. Takes 2 to 4 weeks. Fee applies. Garda guidance [6]
Dashcam footageProves speed, position, and impactPreserve immediately. Memory cards overwrite quickly.
Photos with EXIF metadataTime-stamped proof of scene conditions before vehicles movedUse your phone camera. Do not edit or crop originals.
Other driver's insurance detailsIdentifies the insurer and confirms cover was activeExchange at the scene. Verify via the MIBI if needed.

For car-accident-specific IRB documents, see our dedicated IRB documents checklist for car accident claims.

Workplace injury claims

DocumentWhy it mattersHow to get it
Accident book entryProves the accident was reported on the day it happenedAsk your supervisor or HR. Photograph the entry before leaving. Entries can be altered later.
HSA incident report (if 3+ days missed)Statutory obligation on employers under the Safety, Health and Welfare at Work Act 2005 [7]Request from your employer or the HSA directly
Employer's safety statement and risk assessmentShows whether the employer identified the hazard and failed to actRequest under GDPR or through your solicitor during discovery
Training records and sign-off logsProves whether you received adequate safety trainingRequest from HR. Missing records undermine the employer's defence.

For a full guide to workplace claims, see accident at work solicitor Dublin.

Public liability claims (slip, trip, fall)

DocumentWhy it mattersHow to get it
CCTV footage (request within 48 hours)Shows the hazard, how long it was present, and whether staff had noticeWritten GDPR Subject Access Request. See our CCTV request guide.
Accident report book entryContemporaneous record proving the incident occurred on siteAsk staff to record it. Photograph the entry immediately.
Photos of the hazardVisual proof of the dangerous conditionTake photos before the hazard is cleaned or repaired
Cleaning rotas and maintenance logsReveals gaps in inspection systems and cleaning schedulesObtained through solicitor discovery or GDPR request

For detailed guidance on proving liability in public places, see how to prove a public liability claim in Ireland.

Child and minor injury claims: extra documents required

When a child under 18 is injured, the claim is brought by a parent or guardian acting as "next friend." The document requirements expand beyond the standard checklist. The Statute of Limitations 1957, s.49 [12] provides that the two-year limitation period does not begin until the child turns 18, so there is no urgency on filing deadlines. The urgency is on evidence preservation, which follows the same rules as adult claims.

Additional documents for child injury claims in Ireland
DocumentWhy it's needed
Child's birth certificateProves minority status and triggers special court rules
Parent/guardian photo IDConfirms the identity of the person bringing the claim as next friend
Affidavit of the next friendSworn statement by the parent/guardian confirming they act in the child's best interests
Updated medical report at settlementAll settlements involving minors in Ireland must be approved by a judge. The court requires a current medical report confirming the child's condition at the time of settlement.
Court approval orderNo settlement for a minor is binding without a court order. The compensation is held in trust until the child turns 18.

One detail that surprises clients: a parent cannot simply accept an IRB assessment on behalf of a child and receive the money. Even if both parties agree on the amount, a judge must approve it. Your solicitor prepares the application to court and arranges the trust arrangements. See our guide to claims for children in personal injury cases.

What documents change depending on the outcome?

Your document requirements shift at three branching points in the claim process. Most checklists treat the process as linear. In practice, different outcomes require different paperwork.

Scenario branching: documents by claim outcome in Ireland
If this happens...You'll need these additional documents
Respondent consents to IRB assessmentNo additional documents beyond the standard checklist. The IRB assesses your claim using Form B and your special damages evidence.
Respondent declines IRB assessmentIRB issues an Authorisation. Your solicitor prepares a Personal Injuries Summons and files court proceedings. Full court-stage documents apply (see Stage 3).
You accept the IRB assessmentIRB issues an Order to Pay. No further documents needed. Keep the Order to Pay for your records.
You reject the IRB assessmentIRB issues an Authorisation. Court proceedings begin. Updated medical reports and a revised Schedule of Special Damages are required.
Case settles at pre-trial consultationSettlement agreement signed by both parties. If a minor is involved, court approval application and updated medical report.
Case goes to full hearingAll discovery documents exchanged. Updated medical reports. Expert reports (engineer, actuary, vocational assessor if applicable). Witness statements finalised.
Decision flowchart: what documents change depending on IRB outcome IRB assessment issued Both sides accept Order to Pay issued No further documents needed Either side rejects Authorisation issued New docs: Personal Injuries Summons, Affidavit of Discovery, updated medicals, expert reports, revised special damages
If both sides accept the IRB assessment, no further documents are needed. If either side rejects, the document requirements expand significantly for court proceedings.
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How do you prove loss of earnings if you're self-employed?

Self-employed claimants in Ireland need Revenue filings, business accounts, and contract evidence to prove income lost due to injury. Irish courts are reluctant to depart from what historic accounts and Revenue records show. A single year of accounts is often challenged by insurers. Three years of filings creates a pattern that is harder to dispute. Source: Revenue self-assessment guidance [8].

Self-employed loss of earnings: documents needed in Ireland
DocumentPurpose
Form 11 tax returns (3 years)Proves net income over time
Employment Detail Summary (EDS) from RevenueConfirms income and tax paid
Business accounts (prepared by accountant)Shows revenue, costs, and net profit
Accountant's letter confirming lossProfessional verification of income disruption
Evidence of cancelled contracts or ordersProves work lost directly due to injury (emails, purchase orders)
Bank statements showing income patternsCorroborates account-based evidence

Between assessment and settlement, the sticking point for self-employed claimants is usually the gap between what they say they would have earned and what Revenue records actually show. Prepare your documentation with your accountant before your solicitor needs it.

Employed claimants: payroll and Revenue documents beyond the Loss of Earnings Certificate

The IRB Loss of Earnings Certificate covers the basics, but a strong claim file includes additional payroll and Revenue documents. If your injury cost you overtime, bonuses, pension contributions, or your job entirely, these losses need separate documentation:

Employed claimants: additional earnings documents
DocumentWhat it proves
Employment Detail Summary (EDS) from RevenueOfficial record of your gross and net income, tax credits, and PRSI payments for the year
Contract of employmentConfirms base salary, overtime eligibility, bonus structure, and benefits (pension, health insurance) lost due to injury
12 months of payslips (pre-accident)Shows regular overtime, shift premiums, or variable earnings that the Loss of Earnings Certificate alone may not capture
P45 (if employment ended due to injury)Confirms termination date and final pay details
HR absence records and sick leave balanceProves the duration of absence and whether company sick pay was exhausted

Can you use GDPR to gather evidence for your claim?

Under GDPR Article 15 [9], you have a right to access personal data held about you by any data controller in Ireland. This includes CCTV footage, medical records, employer files, and accident report forms. The controller has 30 days to respond. The Data Protection Commission has confirmed [10] that the motive behind your request is not a relevant factor. A controller cannot refuse simply because they suspect the request relates to a personal injury claim.

CCTV retention warning: Most commercial CCTV systems overwrite footage every 14 to 30 days. Some budget systems overwrite in as little as 7 days. Send your Subject Access Request within 48 hours. Include a separate preservation notice demanding the controller freeze the relevant footage. If they delete it after receiving your request, they breach GDPR Article 12(3) and Article 15.

For medical records, public hospital patients can also request records under the Freedom of Information Act. Private patients use GDPR. Your solicitor can make a targeted Evidence Preservation Request using a signed Letter of Authority, specifying exact record types, hospital departments, and date ranges. See how to request medical records in Ireland.

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What documents do you need if your case goes to court?

If either party rejects the IRB assessment, the IRB issues an Authorisation allowing your solicitor to start court proceedings. The document requirements at this stage expand significantly. Source: Courts Service, Rules of the Superior Courts [11].

Unlike in England and Wales, where the court level is determined by claim value thresholds set in the Civil Procedure Rules, in Ireland the court structure for personal injury is District Court (under €15,000), Circuit Court (under €75,000), or High Court (unlimited). Your solicitor will file in the appropriate court based on your estimated claim value.

Stage 3: Court-stage documents for personal injury claims in Ireland
Court-stage documentWhat it is
Personal Injuries SummonsThe legal document your solicitor drafts to formally start court proceedings. It outlines the accident, the defendant's negligence, and your injuries and losses.
Affidavit of DiscoveryA sworn document listing every relevant document in your possession, custody, or power. The defendant can inspect these documents.
Updated medical reportsFresh reports showing your current condition and prognosis. Both sides may commission reports.
Independent medical examination (IME) reportThe defendant's insurer arranges for their doctor to examine you. The IME report becomes part of the case file.
Schedule of Special Damages (updated)A complete, fully vouched list of every financial loss claimed, with supporting receipts and certificates.
Expert reports (if applicable)Engineer's report (workplace or RTA), actuarial report (future loss of earnings), vocational assessment

Discovery scope: The defendant's solicitor can request your pre-accident medical records, but Irish case law (see Egan v. Castlerea [2023] IEHC 16 and McCorry v. McCorry [2021] IEHC 104) shows there is no fixed time limit. Scope is determined by relevance and necessity to the specific injuries pleaded. In Egan, the Court ordered eight years of pre-accident discovery. In simpler cases, the window is often shorter. Post-accident records are almost always ordered. Social media posts may also be requested. Source: Courts Service discovery rules [11].

For guidance on the IRB-to-court transition, see what happens after an IRB authorisation.

Case law: discovery scope in Irish personal injury claims

Egan v. Castlerea Co-Operative Livestock Mart Ltd [2023] IEHC 16: Mr Justice Twomey in the High Court held that post-accident medical records are generally discoverable in personal injury cases and are "invariably crucial to every personal injuries claim." The Court also clarified that pre-accident discovery turns on relevance and necessity, not a fixed timeframe. Why it matters: there is no bright-line rule limiting discovery to a fixed number of years. Scope is determined by the specific injuries pleaded and medical history relevance. See also McCorry v. McCorry [2021] IEHC 104. Courts Service [11].

Case law: CCTV, discovery and GDPR access requests

Dudgeon v. Supermacs Ireland Ltd [2020] IEHC 600: Mr Justice Barr held that the restaurant was not obliged to disclose CCTV footage via a litigation discovery motion in the specific circumstances of the case. Why it matters: the Data Protection Commission subsequently confirmed (10 February 2021) [10] that this decision relates to litigation discovery only and does not affect separate GDPR Article 15 access rights. A GDPR Subject Access Request remains a distinct and available route for CCTV footage.

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What most guides miss about claim documents in Ireland

The IRB Loss of Earnings Certificate is not a generic employer letter

The IRB has a specific Loss of Earnings Certificate with designated fields for gross pay, deductions, and the exact period missed. A general letter from HR confirming absence is not a substitute. One aspect the official guidance doesn't cover: if your employer refuses to complete the certificate, your solicitor can write to them directly. Most employers comply once they understand the IRB form is a standard part of the process, not an admission of liability.

Medical report costs create a hidden special damages item

Medical reports typically cost €250 to €400. The IRB includes a medical report allowance in your assessment, but the allowance is often less than the actual fee your doctor charged. Keep the receipt. The difference between what you paid and what the IRB allows becomes an additional special damages item. One detail that surprises clients: many claimants forget to include this receipt and leave money on the table.

Name discrepancies across documents trigger processing delays

From handling cases in Irish courts, a common problem: claimants whose maiden name appears on the Garda report, married name on Form A, and a hospital admission under a slightly different spelling. The IRB will query these inconsistencies. The solution is to note every discrepancy in the "additional information" section of Form A before submission.

Mediation now requires its own document set (since December 2024)

Since the IRB expanded mediation to motor liability claims on 12 December 2024, a new set of documents may apply to your case. If you opt into mediation (it's optional), you'll need a Mediation Consent Form, a Confidentiality Agreement protecting "without prejudice" discussions, and a Pre-Mediation Position Statement. Your solicitor prepares these. The IRB's mediation page [15] explains the process. This is new territory, and no other documents checklist in Ireland covers it yet.

Document Strength Ladder: minimum-viable versus strong documentation The Document Strength Ladder: minimum vs strong Minimum (clears the bar) • Form B says "patient injured in accident" • Generic employer letter confirming absence • Some receipts, no log or totals • No symptom diary • Photos taken days later • No CCTV request made Result: application accepted but weak assessment Strong (maximises value) • Form B: causation, prognosis, ICD, WAD grade • IRB Loss of Earnings Certificate (specific form) • Full receipt file with expense tracker totals • Daily symptom diary from Day 1 • EXIF-stamped photos taken at the scene • CCTV preserved via GDPR SAR within 48 hours Result: stronger assessment and better negotiating position
The Document Strength Ladder: both columns get your application accepted, but the right column produces a stronger claim. Every item on the right is something your solicitor can help you gather.

Common document mistakes that weaken claims

The difference between a strong claim and a weak one often comes down to documentation quality, not injury severity. These are the errors that cause the most problems:

Document mistakes that weaken personal injury claims in Ireland
MistakeConsequenceHow to avoid it
GP letter without a prognosisForm B is incomplete. IRB application stalls. Section 50 not issued.Ask your doctor to include a clear recovery timeline before signing Form B.
Wrong respondent on Form AIRB cannot reassign. You may need to start again.Verify the correct legal entity (individual, limited company, trading name) before filing.
Undated or edited photosLoses evidentiary weight. Defence challenges authenticity.Use your phone camera (EXIF metadata records date and GPS). Never edit originals.
Missing receipts for special damagesUnvouched expenses cannot be claimed.Keep every receipt from Day 1. Use a dedicated envelope or spreadsheet.
Delay in requesting CCTVFootage overwritten. Key evidence lost permanently.Send a GDPR Subject Access Request within 48 hours of the accident.

How long should you keep your claim documents?

Keep all claim documents for at least six years after your case is settled or a court judgment is issued. The Statute of Limitations for contract-based claims (including any settlement agreement) is six years under the Statute of Limitations 1957, s.11 [12]. For child injury claims, the limitation period does not begin until the child turns 18, so documents should be retained until the child is at least 20. See our guide to time limits for personal injury claims in Ireland.

Store digital copies alongside paper originals. A water-damaged receipt is as useless as a missing one.

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Download your free documents checklist

Master IRB Documents Checklist 2026 (PDF) with tick boxes, claim-type tabs, and evidence strength indicators based on the Document Strength Ladder.

Special Damages Expense Tracker (Excel) with date, category, amount, and receipt-attached columns, plus automatic totals.

These templates are provided for informational purposes only. Every case is different. Consult your solicitor before filing any application.

Frequently asked questions

What documents do I need for a personal injury claim in Ireland?

Every personal injury claim in Ireland requires a completed Form A, a valid Form B medical report from your treating doctor, your PPSN, vouched receipts for all special damages, and evidence of the accident.

The exact requirements depend on your accident type. Road traffic accidents need a Garda abstract and the other driver's insurance details. Workplace injuries need an accident book entry and your employer's safety statement. Public liability claims need CCTV footage (requested within 48 hours) and an accident report.

The Guidelines state what the IRB assesses, but in Circuit Court practice, the quality of your evidence file often determines whether the insurer negotiates seriously or waits for trial.

Next step: Use the core checklist above as your starting point, then check the accident-type variations.

What is Form B and why does my IRB application depend on it?

Form B is the medical report template required by the Injuries Resolution Board. Without a valid Form B at submission, the IRB will not issue a Section 50 acknowledgement, and your two-year statute of limitations clock keeps running.

The report must include a causation link between the accident and your injuries, ICD diagnostic coding, a prognosis for recovery, and (for whiplash) a WAD grade. Your treating doctor completes it, not a medico-legal expert.

The difference between assessment and acceptance often comes down to prognosis detail. A Form B that says "ongoing pain" without a timeline gives the IRB nothing to assess against the Personal Injuries Guidelines brackets.

Next step: See the Form B requirements section for all five mandatory fields.

Do I need different documents for a workplace injury versus a car accident?

Yes. Car accident claims require a Garda abstract and the at-fault driver's insurance details. Workplace claims require a copy of the accident book entry, your employer's safety statement, and an HSA report if you missed more than three consecutive days.

Public liability claims require urgent CCTV footage preservation (most systems overwrite within 14 to 30 days) and a copy of any accident report filed with the premises owner.

What the timeline estimates don't account for: workplace claims often take longer because employer safety statements and training records must be obtained through GDPR requests or formal discovery, which adds months to the process.

Next step: Check the accident-type tables for your specific claim.

How do I prove loss of earnings if I'm self-employed in Ireland?

Self-employed claimants need Form 11 tax returns (ideally three years), business accounts from their accountant, and evidence of contracts or work lost due to the injury.

Irish courts rely heavily on Revenue filings. Single-year records are often challenged by insurers. Bank statements and a formal letter from your accountant corroborate the tax returns.

In practice, the sticking point is usually the gap between projected income and what Revenue records show. Claimants who prepared their documentation with an accountant before the solicitor needed it tend to achieve stronger outcomes.

Next step: See the self-employed section for the full document list.

What happens to my documents if my case goes to court?

If either party rejects the IRB assessment, your solicitor prepares a Personal Injuries Summons. The defendant can request discovery of your documents, including pre-accident medical records. Irish case law confirms no fixed time limit applies - scope depends on relevance to the specific injuries pleaded.

Updated medical reports and an independent medical examination will also be required. Your solicitor prepares an affidavit of discovery listing all relevant documents. Social media posts may be requested as well.

One detail that surprises clients: discovery obligations work both ways. The defendant must also disclose relevant documents, including their own internal accident reports, risk assessments, and insurer correspondence.

Next step: See what happens after an IRB authorisation for the court process.

Can I request CCTV footage after an accident in Ireland?

Yes. Under GDPR Article 15 you can submit a Subject Access Request to the data controller. Act within 48 hours because most commercial CCTV systems overwrite footage every 14 to 30 days.

Send a separate preservation notice demanding the controller freeze the relevant footage. The Data Protection Commission has confirmed that the motive behind your request is not a relevant factor. Source: DPC [10].

From handling cases in Irish courts, CCTV footage resolves more liability disputes than any other single piece of evidence. Without it, slip-and-fall claims often become a word-against-word argument with the premises owner.

Next step: See our full CCTV request guide for the step-by-step process.

Is the documents checklist different in Ireland compared to the UK?

Yes. In Ireland, all personal injury claims except medical negligence must go through the Injuries Resolution Board before court proceedings can be issued. England and Wales have no equivalent mandatory assessment body.

The limitation period is also different: two years from the accident in Ireland versus three years in England and Wales. Irish claimants need a PPSN for their IRB application, and the Form B medical report has specific IRB requirements (ICD coding, WAD grades) that have no direct equivalent in the English system.

The IRB statistics don't capture how many Irish claimants lose time because they followed UK-based guidance. If you're reading a guide that mentions "three years" or "pre-action protocol," it's likely written for England, not Ireland.

Next step: Use this checklist. It's written specifically for Irish personal injury claims.

What is a Section 50 acknowledgement and why does it matter?

A Section 50 acknowledgement is the document the IRB issues when it accepts your application as complete. It legally pauses your two-year statute of limitations clock under the PIAB Act 2003, s.50 [4].

The IRB only issues this acknowledgement when it receives a valid Form A with a completed Form B medical report and your PPSN. If any of these are missing, the acknowledgement is not issued and the clock keeps running.

The timing here is critical. A claimant who submits Form A at 23 months without Form B may believe their application is "in the system." It is, but the clock has not stopped. If the doctor takes two months to complete Form B, the claimant is statute-barred.

Next step: See our guide to time limits for personal injury claims.

How much does it cost to gather the documents for a personal injury claim in Ireland?

The filing fee for an IRB application is €45 online or €90 by post. The Form B medical report from your treating doctor typically costs €250 to €400. These are the two unavoidable costs. All other document gathering (photos, witness details, receipts, employer letters) costs nothing beyond your time.

If you instruct a solicitor on a no-win-no-fee basis, you generally pay no solicitor fees upfront. The solicitor's costs are recovered from the other side if your claim succeeds. The IRB includes a medical report allowance in its assessment, though the allowance may be less than the fee your doctor actually charged.

The hidden cost most claimants miss: Garda abstracts carry a small administrative fee, and certified translations of documents (for non-English-speaking claimants) are recoverable as special damages if you keep the translator's invoice.

Next step: See our guide to personal injury compensation in Ireland for how costs affect your net settlement.

What to consider next

What if my employer refuses to complete the Loss of Earnings Certificate?

Your solicitor can write to the employer directly requesting the certificate. Most employers comply once they understand the IRB form is a standard procedural document, not an admission of liability. If they still refuse, alternative evidence includes payslips, Revenue records, and bank statements showing income before and after the accident.

What if I lost some of my receipts?

Contact the medical provider, pharmacy, or clinic and ask for duplicate receipts or a statement of account. Most Irish healthcare providers retain billing records for at least seven years. For travel expenses, bank or credit card statements showing payments to fuel stations or public transport can serve as supporting evidence, though they carry less weight than original receipts.

Do I need to declare social media activity during a claim?

During discovery, the defendant's solicitor can request social media posts relevant to your injuries. Posts showing physical activity inconsistent with your claimed injuries can weaken your case. You are not required to delete posts (that could constitute destruction of evidence), but be aware that anything publicly visible may be used.

Key takeaways

  • Core documents for every Irish personal injury claim: Form A, Form B medical report, PPSN, photos of the scene and injuries, witness contacts, all expense receipts, Loss of Earnings Certificate, and a symptom diary.
  • The Section 50 acknowledgement pauses the two-year statute of limitations. The IRB only issues it when Form A, Form B, and PPSN are all valid at submission. Without Form B, the clock keeps running.
  • Section 8 letter of claim must be sent within one month of the accident under the Civil Liability and Courts Act 2004. A court may penalise the claimant on costs for failing to send it.
  • Act within 48 hours for CCTV footage via GDPR Subject Access Request. Most commercial systems overwrite footage within 14 to 30 days.
  • Accident type variations: RTA (Garda abstract + dashcam), workplace (accident book + HSA report if 3+ days off + safety statement), public liability (CCTV + cleaning logs), child/minor (birth certificate + next friend affidavit + court approval).
  • Cost to file: €45 online or €90 post for the IRB application; €250–€400 for the Form B medical report. No upfront solicitor fees on a no-win-no-fee basis.
  • Ireland vs UK: Two-year deadline (not three), mandatory IRB step (no equivalent in England and Wales), Form B with ICD coding and WAD grade.

References

  1. IRB, Guidance on Medical Reports (2023)
  2. Injuries Resolution Board, "How to make a claim" (Updated 2025)
  3. Citizens Information, "Injuries Resolution Board" (Updated November 2025)
  4. Personal Injuries Assessment Board Act 2003, s.50, Irish Statute Book
  5. Judicial Council, Personal Injuries Guidelines (2021)
  6. An Garda Síochána, Traffic Matters
  7. HSA, Reporting and Investigating Accidents
  8. Revenue, Self-Assessment and Self-Employment
  9. Data Protection Commission, Right of Access (GDPR Article 15)
  10. DPC, CCTV, Discovery and Access Requests (2021)
  11. Courts Service of Ireland, Discovery and Inspection of Documents
  12. Statute of Limitations 1957, s.11, Irish Statute Book
  13. Civil Liability Act 1961, Part IV (Fatal Injuries), Irish Statute Book
  14. MyWelfare.ie, Illness Benefit (Updated 2025)
  15. IRB, Mediation (Updated 2025)
  16. Civil Liability and Courts Act 2004, s.8 and s.17, Irish Statute Book
  17. Injuries Resolution Board, Annual Report 2024 (Published July 2025)
  18. Egan v. Castlerea Co-Operative Livestock Mart Ltd [2023] IEHC 16 (case note, Irish Legal News)

Related guides

Personal injury claim process in Ireland · Time limits for personal injury claims · Personal injury compensation in Ireland · Evidence needed for a personal injury claim · IRB documents checklist for car accident claims · Loss of earnings for car accident claims · Evidence for public liability claims · Accident at work solicitor Dublin

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. *In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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

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