Time Limits for 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 •
The standard time limit for personal injury claims in Ireland is two years less one day from the date of knowledge, set by Section 3(1) of the Statute of Limitations (Amendment) Act 1991 [1]. Filing a complete application with the Injuries Resolution Board (IRB) [2] pauses that clock under Section 50 of the PIAB Act 2003. Since September 2023, your application must include a compliant Form B medical report to count as "complete" and actually stop the clock. Miss the deadline and your claim is permanently barred, regardless of its strength.
This page covers Irish law only. Northern Ireland operates a three-year limitation period under the Limitation (Northern Ireland) Order 1989. UK rules do not apply in the Republic. This is general information, not legal advice. Every case depends on its own facts.
What's new (2023–2026): Since 4 September 2023, IRB applications require a Form B medical report to stop the limitation clock (2022 Act). The letter of claim deadline is now one month (reduced from two in January 2019). The proposed three-year extension for clinical negligence under s.221 LSRA 2015 remains uncommenced as of April 2026. Practice Directions HC131 and HC132 created a dedicated Clinical Negligence List in the High Court from April 2025.
At a glance: Two years less one day from the accident or date of knowledge → file a complete IRB application (with Form B medical report) to pause the clock → IRB assessment → if authorised, 6 months + remaining statute time to issue proceedings. Medical negligence bypasses the IRB entirely. Sources: 1991 Act; IRB (2026); PIAB Act s.50.
Contents
How long do you have to make a personal injury claim in Ireland?
The time limit for personal injury claims in Ireland is two years less one day from the date of the accident or the date of knowledge, whichever is later, under Section 3(1) of the Statute of Limitations (Amendment) Act 1991.
This rule applies to road traffic accidents, workplace injuries, public liability claims, and most other tort-based personal injury actions. The Civil Liability and Courts Act 2004 [3] reduced the previous three-year period to two years, effective 31 March 2005. Unlike in England and Wales, where the Limitation Act 1980 allows three years and courts have discretion to extend it under Section 33, Irish law gives you two years with no judicial discretion to extend.
"Two years less one day" means the claim must be commenced before midnight on the day before the second anniversary of the relevant date. If your accident happened on 1 June 2024, the deadline is 31 May 2026. Not 1 June. Not "around two years." The day before.
A detail that catches many claimants off guard: commencing legal proceedings means issuing a Personal Injuries Summons through the Courts, or filing a complete application with the IRB. Phoning a solicitor does not stop the clock. Sending a letter to the other side does not stop the clock. Only formal legal steps count.
Date of knowledge: when does the clock actually start?
The two-year clock starts from the "date of knowledge," which is the date you first knew (or ought reasonably to have known) four specific facts about your injury. Under Section 2 of the 1991 Act 1, the date of knowledge requires awareness of all four facts together. We call this the Four-Fact Knowledge Test. The clock doesn't start until the last fact crystallises.
The four statutory facts are:
| Element | What it means | Example |
|---|---|---|
| 1. Injury occurred | You know you were physically or psychologically harmed | Pain after a fall at work |
| 2. Injury is significant | A reasonable person would consider it serious enough to justify legal action | Ongoing back pain affecting daily life, not a minor bruise |
| 3. Attributable to negligence | The harm was wholly or partly caused by a specific act or omission of another party | Employer failed to maintain faulty machinery |
| 4. Identity of the defendant | You know who was responsible (or who employed the person responsible) | The business name and registered address |
For most car accidents and workplace injuries, all four facts are known on the day of the accident. The date of knowledge and the accident date are the same. However, for delayed-onset injuries, occupational diseases, and medical negligence, the date of knowledge can be months or years after the original event.
| Claim type | When knowledge typically crystallises | Practical effect |
|---|---|---|
| Car accident with immediate injury | Day of the collision | Clock starts immediately. Two years from crash date. |
| Workplace RSI (repetitive strain) | Weeks or months after symptoms develop | Clock starts when a doctor confirms the condition is work-related. Could be 3 to 6 months after first symptoms. |
| Asbestos exposure / occupational disease | Years or decades after exposure ends | Clock starts on diagnosis date. A worker exposed in 2005 and diagnosed with mesothelioma in 2025 has until 2027. |
| Medical negligence (missed diagnosis) | Date a second opinion reveals the original error | Clock starts when you learn the first doctor got it wrong, not when the original treatment happened. |
The timing matters more than most guides suggest: Irish courts apply both a subjective and an objective test. The question is whether you actually knew these facts, qualified by whether a reasonable person in your position ought to have known them through observation or by seeking appropriate expert advice. The Supreme Court in O'Sullivan v Ireland [2019] IESC 33 confirmed this balancing approach.
Constructive knowledge trap: You don't need actual knowledge for the clock to start. If a reasonable person in your position would have sought medical or legal advice and thereby discovered the facts, the clock starts from when you should have known. Waiting passively for answers is the most common way claims become statute-barred. And a point that catches many people: not knowing you had a legal right to claim does not pause the clock. The test is knowledge of facts, not knowledge of law.
Time limits by claim type
Different types of personal injury claims in Ireland carry different time limits and procedural rules. The table below shows the standard deadlines for each category. Check the specific page for your claim type for full details.
| Claim type | Time limit | Clock starts from | IRB pause applies? | Governing law |
|---|---|---|---|---|
| Road traffic accident | 2 years less 1 day | Accident or date of knowledge | Yes | 1991 Act, s.3 + CLCA 2004, s.7 |
| Workplace injury | 2 years less 1 day | Accident or date of knowledge | Yes | 1991 Act, s.3 + CLCA 2004, s.7 |
| Public liability | 2 years less 1 day | Accident or date of knowledge | Yes | 1991 Act, s.3 + CLCA 2004, s.7 |
| Medical negligence | 2 years less 1 day | Date of knowledge | No (excluded from IRB) | 1991 Act, s.3 |
| Fatal injury (dependants) | 2 years less 1 day | Date of death or date of knowledge | Yes (but see note) | Civil Liability Act 1961, s.48 |
| Assault / battery | 6 years | Date of assault | No (excluded from IRB) | Statute of Limitations 1957, s.11 |
| Defective products | 3 years (10-year longstop) | Date of knowledge | Yes | Liability for Defective Products Act 1991 |
| Aviation accident (international flight) | 2 years absolute | Date aircraft arrived or was due to arrive | No (outside IRB jurisdiction) | Montreal Convention 1999 |
| Maritime accident (cruise / ferry) | 2 years absolute | Date of disembarkation | No (outside IRB jurisdiction) | Athens Convention 1974 (2002 Protocol) |
Aviation and maritime trap: The Montreal Convention and Athens Convention time limits are absolute. There is no date-of-knowledge exception, no IRB suspension, and no court discretion to extend. If you were injured on a flight or a cruise and mistakenly file an IRB application, the IRB will reject it, but the time spent waiting does not pause the convention deadline. Seek specialist legal advice immediately after any in-transit injury.
The proposed three-year extension for clinical negligence under Section 221 of the Legal Services Regulation Act 2015 [4] has never been commenced. As of April 2026, the limit remains strictly two years. Do not rely on the three-year figure. Sources: Oireachtas debate (Oct 2023) [5]. Cross-border note: If your accident happened abroad, the foreign jurisdiction's limitation period may apply, and the Irish IRB Section 50 suspension does not pause a foreign-law clock.
Incoming change for product claims: The EU Product Liability Directive 2024/2853 [14] must be transposed into Irish law by December 2026. The new directive extends the longstop period from 10 years to 15 years (and up to 25 years for latent injuries such as slow-developing cancers from toxic exposure or defective medical devices). It also expands the definition of "product" to include software, AI systems, and digital services. Until transposition, the current 10-year longstop under the 1991 Act applies.
Which time limit applies to your claim?
Answer one question to find the time limit, IRB rules, and next steps for your claim type.
How were you injured?
2 years less 1 day from accident or date of knowledge
The IRB pauses the clock if you file a complete application (Form B required). Car accident claims guide.
2 years less 1 day from accident or date of knowledge
For occupational diseases (RSI, hearing loss, asbestos), the clock starts from diagnosis, not exposure. IRB pause applies with a complete application. Workplace injury claims guide.
2 years less 1 day from accident or date of knowledge
Send the letter of claim within one month. IRB pause applies with a complete application. Public liability time limits guide.
2 years less 1 day from date of knowledge (not date of treatment)
The IRB does not apply. Only issuing High Court proceedings stops the clock. The proposed 3-year extension has never been commenced. Medical negligence time limits guide.
2 years from date of death or date of knowledge
Only one claim can be brought on behalf of all dependants. If the deceased's own claim was already time-barred, dependants cannot revive it. Do not wait for the inquest. Inquests guide.
6 years from the date of assault
Assault and battery claims are excluded from the IRB. Proceedings are issued directly in court. Claims against institutions for negligently allowing abuse have a 2-year limit from date of knowledge.
This tool provides general guidance only. Your actual time limit depends on your specific facts, particularly your date of knowledge. Contact a solicitor to confirm your position.
How the IRB pauses the clock (Section 50)
Filing a complete application with the Injuries Resolution Board (IRB), formerly the Personal Injuries Assessment Board (PIAB), suspends the two-year limitation period under Section 50 of the PIAB Act 2003 2. The clock stays paused throughout the IRB assessment. If the IRB issues an Authorisation (because one or both parties reject the assessment), you get an extra six-month grace period. Only after that six months expires does your remaining statute time resume.
One aspect the official guidance doesn't cover: before September 2023, solicitors could submit a "skeletal application" (form plus fee, medical report to follow) and that was enough to pause the clock. This loophole is closed. Under the Personal Injuries Resolution Board Act 2022 [6] (effective 4 September 2023), an application is only deemed complete when it includes a compliant Form B medical report, your PPSN, and your personal signature. We call this the Complete Application Rule: an incomplete application does not stop the clock, regardless of when you posted it.
Post-September 2023 rule: Submitting an IRB application without the Form B medical report means you have not stopped your limitation clock. According to the IRB 2024 Annual Report (July 2025) [7], 20,837 applications were received in 2024, with complaints rising 42%, often linked to documentation issues. The Law Society of Ireland [8] Litigation Committee flagged this as a significant risk for practitioners.
Section 50 worked timeline: the Pause-and-Restart calculation
| Step | Date | Clock status | Time remaining |
|---|---|---|---|
| Accident occurs | 1 Jan 2025 | Running | 24 months |
| Complete IRB application filed | 1 Jul 2025 | Paused (s.50) | 18 months frozen |
| IRB issues Authorisation | 1 Mar 2026 | Still paused | 18 months frozen |
| 6-month grace period expires | 1 Sep 2026 | Resumes | 18 months now running |
| Final deadline | 1 Mar 2028 | Expired | 0 |
The effective calendar deadline extends well beyond two years when the IRB process is used correctly. However, the protection only applies if the application was genuinely complete at filing.
How long does the IRB assessment actually take?
According to the IRB 2024 Annual Report (July 2025) 7, the average assessment took 11.2 months in 2024. The Board received 20,837 applications, made €168 million in awards, and 70% of respondents consented to assessment. Half of all assessments were accepted by both parties. These figures mean a typical claimant's Pause-and-Restart period spans roughly 17 to 18 months of frozen clock time (11.2 months assessment + 6 months grace).
IRB mediation: a faster route that still pauses the clock
Since December 2024, the IRB offers a free mediation service for all personal injury claim types (motor, employer liability, and public liability). According to the Department of Enterprise (December 2024) [13], mediation resolves claims in an average of three months, compared to 11.2 months for standard assessment. The initial opt-in rate among claimants is 35%. A mediated settlement is legally binding, equivalent to a court order, and removes the need to use the 6-month post-authorisation window at all.
The Section 51A costs trap: If the IRB makes an assessment and you reject it but fail to beat it in court, you risk paying both sides' legal costs from the date of rejection. In 2024, the average legal costs for litigation were €24,361 more than the average IRB costs. The 6-month post-authorisation window protects your right to go to court, but exercising that right carries financial risk. Source: PIAB Act 2003, s.51A 2.
The one-month letter of claim deadline
You must send a written letter of claim to the wrongdoer within one month of the accident, or as soon as practicable if genuinely delayed. This obligation comes from Section 8 of the Civil Liability and Courts Act 2004 3, as amended by Section 13 of the Central Bank (National Claims Information Database) Act 2018 [9] (effective 28 January 2019). The original two-month deadline was halved to align with the typical 30-day CCTV retention period on commercial premises.
Missing this deadline doesn't bar your claim outright. However, the 2019 amendment changed the consequences from discretionary to mandatory: if you fail to send the letter within one month without reasonable cause, the court shall (not "may") either make no order as to costs in your favour or deduct an appropriate amount from the costs otherwise payable to you. You can win your case and still lose financially because the other side's legal costs consume your award.
Practical step: Instruct a solicitor within the first week after an accident. The letter of claim can be brief. It identifies you, states when and where the accident happened, and outlines the nature of the wrong alleged. Send it by registered post. Keep proof. This single step protects your costs position for the entire case.
What are the time limits for children's injury claims in Ireland?
The two-year limitation period does not begin to run against a child (anyone under 18) in Ireland. Under Section 49 of the Statute of Limitations 1957 [10], the clock remains paused throughout childhood and starts only on the child's 18th birthday. From that date, they have two years (until their 20th birthday) to issue proceedings in their own name.
A parent or guardian can bring the claim before the child turns 18 by acting as a "next friend." If a settlement is reached while the claimant is still a minor, it must be approved by a judge. The funds are typically held in court until the child reaches 18, although partial amounts may be released earlier to cover immediate medical or rehabilitation costs.
The difference between assessment and acceptance often comes down to timing: bringing a child's claim early means fresher evidence, better witness recall, and earlier access to treatment funding. Waiting until the child's 18th birthday is lawful but often strategically weaker.
Can the time limit be extended in Ireland?
Irish law recognises a limited number of circumstances where the two-year limitation period is extended or suspended. These are narrow exceptions, not general escape routes. Courts interpret them strictly. Unlike in England and Wales, where courts can disapply the limitation period entirely under Section 33 of the Limitation Act 1980 if they consider it equitable, Irish courts have no equivalent discretion for personal injury claims.
Mental incapacity. If the injured person is of "unsound mind" (a legal term covering profound mental health crises, extended comas, severe brain injuries, or deep psychiatric impairment), the limitation period is suspended. The clock starts when the person ceases to be under the disability. Source: Statute of Limitations 1957, s.49 10.
Fraud or deliberate concealment. Where the defendant deliberately concealed facts relevant to the claim, Section 71 of the Statute of Limitations 1957 [11] provides that the limitation period runs only from when the plaintiff discovered (or ought reasonably to have discovered) the fraud. In Gough v Neary, the Supreme Court held that a doctor who failed to disclose an unnecessary hysterectomy was guilty of concealment.
Estoppel. If the defendant's conduct (admitting liability, engaging in settlement talks) led you to reasonably believe the time limit wouldn't be raised, a court may prevent the defendant from relying on the statute. In Tsiu v Campbell Catering Ltd t/a Aramark Ireland, the High Court applied estoppel where the insurer admitted liability and discussed settlement for 18 months before raising the statute defence.
No general court discretion to extend. Unlike England and Wales (where Section 33 of the Limitation Act 1980 allows courts to disapply the time limit), Irish courts have no equivalent power for personal injury claims. Once the deadline passes, the claim is gone. Legal advice should be sought urgently if you believe an exception applies to your situation.
The statute of limitations is a defence, not an automatic bar. The defendant must actively plead it in their court papers. If they don't raise it, the court won't raise it for them. In practice, defendants and their insurers almost always plead it when it applies, but a claim filed slightly out of time is not automatically dismissed. It requires the defendant to object.
Fatal injury claims: different rules
Dependants of a person killed by negligence have two years from the date of death (or the date of knowledge) to bring a fatal injury claim under Section 48 of the Civil Liability Act 1961 [12]. Only one unified claim can be brought, though it may represent multiple dependants. For the first six months, only the personal representative can initiate the action. After that, statutory dependants (spouse, children, parents, and others defined in the Act) may bring it directly.
One detail that surprises clients: if the deceased's own personal injury claim was already statute-barred at the date of death, dependants cannot revive it through a fatal claim. The Court of Appeal confirmed this in Hewitt v HSE [2016] IECA 194, holding that a fatal claim under s.48 requires proof that the deceased could have maintained the action had they survived. A claim that was already time-barred dies with the deceased.
Don't wait for the inquest. Coroner's inquests can take 12 to 36 months to schedule. The two-year fatal claim clock runs independently and does not pause for an inquest. Both processes must run in parallel. See our guide on inquests and medical negligence.
Medical negligence: no IRB, no pause
Medical, dental, and nursing negligence claims are excluded from the IRB's jurisdiction. Filing an IRB application for a clinical error does not trigger a Section 50 suspension. The two-year clock runs unbroken. The only way to stop it is to draft and issue High Court proceedings (a Personal Injuries Summons). Source: PIAB Act 2003, s.3(d) 2.
Before proceedings can be issued, a solicitor must secure the full set of medical records (via a Data Subject Access Request), obtain a supportive report from an independent medical expert, and establish breach, causation, and damage. This investigative process routinely takes 6 to 12 months. Starting early is the single most important factor. For the full breakdown, see our dedicated guides on medical negligence time limits and the date of knowledge in medical negligence.
What actually goes wrong with personal injury deadlines in Ireland?
The sections above set out the rules. The sections below cover what happens when people get those rules wrong, and what to do if your deadline is close. These are the patterns from real cases where claims were lost to timing, not to merit.
The five most common mistakes that lead to claims becoming statute-barred in Ireland all involve timing and procedure, not the merits of the case.
| Mistake | What goes wrong | How to avoid it |
|---|---|---|
| Submitting an incomplete IRB application | No Form B medical report = no Section 50 pause. The clock keeps running. | Get the Form B completed by your treating doctor before filing. Don't file without it. |
| Naming the wrong respondent at the IRB | The clock may keep running against the correct defendant. The 2019 amendment clarified this risk. | Verify the correct legal entity (employer, occupier, company name) before filing. |
| Assuming three years for medical negligence | Section 221 of the LSRA 2015 has never been commenced. The limit is two years. | Treat the deadline as two years. Contact a solicitor immediately on suspecting negligence. |
| Waiting for treatment to finish before starting | Your claim must be filed within two years of the accident or date of knowledge. Ongoing treatment doesn't pause the clock. | Start the process while still treating. A medical expert can assess your condition at any stage. |
| Skipping the letter of claim | Mandatory costs penalty under the amended Section 8. You win but pay the other side's legal fees. | Send a registered letter within one month. It can be brief. |
Close to the deadline? What to do now
Personal Injury Deadline Calculator (Ireland)
Enter your accident date and claim type to see your estimated deadline. This uses the standard two-year rule. Your actual deadline may differ if the date of knowledge is later than the accident date, or if exceptions apply.
This calculator applies the standard limitation period only. It does not account for date of knowledge exceptions, IRB Section 50 pauses, minors' rules, or other exceptions. It is general guidance, not legal advice. Consult a solicitor to confirm your specific deadline.
If your accident happened more than 18 months ago and you haven't started the process, act today. There is no simple answer to "how close is too close?" because every case requires different evidence, medical reports, and preparation time. What is certain: waiting another week doesn't help.
Step 1. Contact a solicitor. Explain the accident date and what has happened since. A solicitor can assess whether your claim is within time and whether any exception applies.
Step 2. Get a medical report urgently. The Form B is mandatory for the IRB application. Without it, the application is incomplete and doesn't stop the clock.
Step 3. File the IRB application (or issue proceedings if it's a medical negligence case). The clock stops on the date the IRB acknowledges a complete application, not the date you post it.
What "issuing proceedings" means in practice
Every guide says "issue proceedings within two years," but few explain what that physically involves. Your solicitor drafts a Personal Injuries Summons (a specific court document required by Order 1A of the Rules of the Superior Courts [15]). The summons is filed at the relevant court office and stamped. The clock stops on the date of issue (when the court stamps the summons), not the date the defendant receives it.
From handling near-deadline cases in Irish courts, there is a detail that trips people up: after the summons is issued, you have 12 months to serve it on the defendant. If you miss the 12-month service window, the summons expires and you need "special circumstances" to renew it. The Court of Appeal confirmed this test in Murphy v HSE [2021]. Inadvertence by a solicitor alone rarely qualifies as special circumstances. This is effectively a third hidden deadline.
Even if you think you're out of time, the date of knowledge rules, estoppel, or other exceptions may mean the clock started later than you assume. A brief consultation can clarify your position.
Common Questions
How long do I have to make a personal injury claim in Ireland?
Two years less one day from the date of the accident or the date of knowledge, whichever is later. This applies to road traffic, workplace, and public liability claims.
- Set by the Statute of Limitations (Amendment) Act 1991.
- Reduced from three years to two by the CLCA 2004.
- Filing a complete IRB application pauses the clock.
Why it matters: Miss the deadline and your claim is permanently barred.
Next step: 1991 Act (revised) • Claim process guide
What is the "date of knowledge" in Irish personal injury law?
The date you first knew (or ought reasonably to have known) four facts: that injury occurred, it was significant, it was attributable to negligence, and you knew who was responsible.
- Defined in Section 2 of the 1991 Act.
- All four elements must be present before the clock starts.
- Courts apply both subjective and objective tests.
Why it matters: For delayed-onset injuries, the clock may start later than the accident date.
Next step: Date of knowledge guide • 1991 Act, s.2
Does an IRB application stop the limitation clock?
Yes, but only if the application is complete. Since September 2023, an application must include the Form B medical report, your PPSN, and your signature to be deemed complete and trigger the Section 50 pause.
- Incomplete applications do not pause the clock.
- Medical negligence claims are excluded from IRB jurisdiction.
- The pause lasts throughout assessment plus a 6-month grace period.
Why it matters: A "skeletal" application no longer protects your deadline.
Next step: IRB documents checklist • PIAB Act, s.50
What is the time limit for a child's injury claim in Ireland?
The two-year clock does not start running until the child's 18th birthday. A parent or guardian can bring the claim earlier by acting as a "next friend."
- Effective deadline: the child's 20th birthday (18 + 2).
- Settlements for minors require court approval.
- Funds are usually held in court until the child turns 18.
Why it matters: Early claims produce stronger evidence and faster treatment funding.
Next step: Claims for children • Statute of Limitations 1957, s.49
Is the time limit for medical negligence claims three years?
No. The limit is two years less one day from the date of knowledge. Section 221 of the Legal Services Regulation Act 2015 would extend it to three years, but that provision has never been commenced. As of April 2026, it remains two years.
- Medical negligence claims bypass the IRB entirely.
- Only issuing High Court proceedings stops the clock.
- The uncommenced s.221 depends on pre-action protocols not yet introduced.
Why it matters: Relying on the three-year figure can cost you the final year of your actual deadline.
Next step: Medical negligence time limits • LSRA 2015, s.221
What is the time limit for fatal injury claims?
Dependants have two years from the date of death or the date of knowledge. Only one claim can be brought, on behalf of all eligible dependants.
- Personal representative acts first (6 months), then dependants may act directly.
- If the deceased's own claim was already time-barred, dependants can't revive it.
- An inquest does not pause the limitation clock.
Why it matters: Families often wait for the inquest, unaware the civil deadline runs independently.
Next step: Inquests and negligence • Civil Liability Act 1961, s.48
Can the time limit be extended in Ireland?
Only in narrow circumstances: if you were a minor, if you lacked mental capacity, or if the defendant concealed facts through fraud. Irish courts have no general discretion to disapply the time limit (unlike England and Wales).
- Minors: clock starts at 18th birthday.
- Incapacity: clock starts when capacity is regained.
- Fraud/concealment: clock starts from discovery (s.71).
Why it matters: Once statute-barred, the claim cannot be revived regardless of merit.
Next step: Statute of Limitations 1957 • 01 903 6408
Do I need to send a letter of claim within one month?
Yes. Under Section 8 of the Civil Liability and Courts Act 2004 (as amended in 2019), you must notify the wrongdoer in writing within one month of the accident. Failure to do so triggers mandatory costs penalties.
- Reduced from two months to one month in January 2019.
- Aligned with 30-day CCTV retention periods.
- Send by registered post and keep proof.
Why it matters: You can win and still lose financially if the letter was late.
Next step: CLCA 2004, s.8 (revised) • Claim process
What if my solicitor missed the deadline?
If a solicitor's negligence caused you to miss the limitation period for your personal injury claim, you may have a separate professional negligence claim against that solicitor. Professional negligence claims in Ireland carry a six-year limitation period from the date of the negligent act.
- This is a distinct legal action, not a revival of the original PI claim.
- You would need to prove the original claim had merit and would likely have succeeded.
- The solicitor's professional indemnity insurance typically covers such claims.
Why it matters: People who think all options are gone may still have a route to compensation.
Next step: Law Society of Ireland • 01 903 6408
Is a claim automatically dismissed if filed one day late?
Not automatically. The statute of limitations is a defence the defendant must actively raise in their court papers. If they don't plead it, the court won't raise it on their behalf. In practice, defendants and their insurers almost always raise it when applicable, but the claim is not struck out without the defendant objecting.
- The defendant must plead the statute in their defence.
- If they don't raise it, the case can proceed.
- Courts will not dismiss a case on limitation grounds of their own motion.
Why it matters: Being slightly out of time is not necessarily the end. Seek advice immediately.
Next step: 1991 Act • 01 903 6408
References
- Statute of Limitations (Amendment) Act 1991 — Law Reform Commission (Revised Acts). Accessed April 2026.
- Personal Injuries Assessment Board Act 2003 — Law Reform Commission (Revised Acts). Accessed April 2026.
- Civil Liability and Courts Act 2004 — Law Reform Commission (Revised Acts). Accessed April 2026.
- Legal Services Regulation Act 2015, s.221 — Irish Statute Book. Accessed April 2026.
- Oireachtas debate on Legal Services Regulation (Oct 2023) — Oireachtas.ie. Accessed April 2026.
- Personal Injuries Resolution Board Act 2022 — Irish Statute Book. Accessed April 2026.
- IRB Annual Report 2024 — Injuries Resolution Board. Accessed April 2026.
- Law Society of Ireland — lawsociety.ie. Accessed April 2026.
- Central Bank (National Claims Information Database) Act 2018, s.13 — Irish Statute Book. Accessed April 2026.
- Statute of Limitations 1957 — Irish Statute Book. Accessed April 2026.
- Statute of Limitations 1957, s.71 — Irish Statute Book. Accessed April 2026.
- Civil Liability Act 1961 — Irish Statute Book. Accessed April 2026.
- Commencement of IRB mediation for motor claims (December 2024) — Department of Enterprise. Accessed April 2026.
- EU Product Liability Directive 2024/2853 — EUR-Lex. Accessed April 2026.
- Procedure by Personal Injuries Summons (S.I. No. 526 of 2005) — Courts Service of Ireland. Accessed April 2026.
Related internal guides: Personal injury claims • Compensation guide • Evidence guide • Car accident claims • Accident at work • Public liability • Medical negligence • Date of knowledge • IRB documents checklist • After IRB authorisation
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
