Personal Injury Claim Process 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: Every personal injury claim in Ireland (except medical negligence) must first go through the Injuries Resolution Board (IRB), formerly known as PIAB. You notify the respondent, submit Form A with a medical report and a €45 fee, and the IRB either mediates or assesses your claim. If both sides accept the assessment, you receive compensation without court. If either side rejects it, you receive an Authorisation to issue court proceedings.
In short: Notify respondent within 1 month → submit Form A to IRB (€45) with medical report → respondent has 90 days to consent → IRB mediates or assesses (target: 9 months) → accept or reject within 28 days → if rejected, Authorisation to proceed to court. Two-year time limit applies. Sources: Citizens Information (Updated Nov 2025) [1]; IRB (Updated 2025) [2].
Quick answers
Contents
What is a personal injury claim?
A personal injury claim is a legal process where an injured person seeks compensation from the party whose negligence caused the injury. Irish law requires the claimant to prove three things: that the respondent owed a duty of care, that the duty was breached, and that the breach directly caused the injury and resulting losses. These claims arise from road traffic accidents, workplace injuries, and accidents in public places.
Under the Civil Liability and Courts Act 2004 [5], almost all personal injury claims in Ireland must be submitted to the Injuries Resolution Board (IRB) before court proceedings can begin. The only major exception is medical negligence, which goes directly to the courts.
Compensation covers two categories. General damages compensate for pain, suffering, and loss of quality of life. Special damages cover financial losses: medical bills, lost earnings, travel costs, and rehabilitation expenses. The Judicial Council's Personal Injuries Guidelines (2021) [6] set the framework for assessing general damages.
Time limits: the two-year rule
Irish law gives you two years from the date of your accident (or from the date you first knew about your injury) to begin a claim. This limitation period is set out in the Statute of Limitations (Amendment) Act 1991 [7]. Missing this deadline can end your right to claim entirely, regardless of how strong your case is.
Three exceptions extend this window. If the injured person was under 18 at the time, the two-year clock starts on their 18th birthday. If the person lacked mental capacity, the clock is paused. And the "date of knowledge" rule applies when an injury only becomes apparent later, which is common in occupational illness and some workplace exposure cases.
One-month notification rule: Under Section 8 of the Civil Liability and Courts Act 2004, you should notify the respondent (the person or organisation you are claiming against) within one month of the accident. Missing this window does not automatically kill your claim, but it can result in a judge denying you legal costs later, even if you win. Source: Civil Liability and Courts Act 2004, s.8 5.
For a full breakdown of time limits, including claims for children and date-of-knowledge scenarios, see our detailed guide on time limits for personal injury claims in Ireland.
First steps after an accident
The actions you take in the first 48 hours directly affect the strength of your claim. Evidence fades quickly. CCTV footage is typically overwritten within 7 to 30 days. Witness memories deteriorate. The quality of your early documentation sets the ceiling for what your claim can achieve. The IRB Claimant Guide (Updated Sept 2025) [15] sets out the medical and documentary evidence required for a valid application.
1) Get medical attention. See a GP or attend A&E as soon as possible. A medical report from your treating doctor is a mandatory attachment for your IRB application (Form B). The cost of this initial report (typically €300 to €400) is paid by the claimant upfront.
2) Preserve evidence. Photograph the scene, your injuries, and any hazard. If CCTV may exist, send a written preservation request under GDPR immediately. Keep the contact details of any witnesses. For road traffic accidents, report to Gardáí and keep the station name and PULSE reference.
3) Record your losses. Start a written log of expenses: GP visits, prescriptions, physiotherapy, travel to appointments, and any lost earnings. Keep every receipt. These records form the basis of your special damages claim.
4) Consult a solicitor. A solicitor assesses whether your case has merit, identifies the correct respondent, and ensures the Section 8 notification is sent within the one-month window. Most personal injury solicitors in Ireland work on a conditional fee basis, meaning professional fees are only payable if the claim succeeds. If you have a pre-existing condition, don't assume it disqualifies you. Under the "eggshell skull" principle in Irish law, the respondent must take you as they find you. If the accident aggravated an existing condition, you're entitled to compensation for that aggravation.
For the full evidence requirements, see our guide on evidence needed for a personal injury claim. We call this the 48-Hour Evidence Window: the critical period when the strongest proof is either captured or lost forever.
48-Hour Evidence Checklist (tick items as you complete them)
0 of 8 completed
Submitting your IRB application
Your solicitor prepares and submits Form A to the Injuries Resolution Board, along with a medical report and the application fee. The online fee is €45. Paper or email submissions cost €90. The application must include your PPS number, a description of the accident, a description of your injuries, and the completed medical report (Form B) from your treating doctor. IRB application process [2].
Once the IRB receives your application, it notifies the respondent. The respondent then has 90 days to consent to the IRB process. If the respondent refuses consent, disputes liability, or simply ignores the notification, the IRB issues an Authorisation, which allows you to proceed directly to court.
What to do during the 90-day consent window. This waiting period isn't dead time. Continue attending all medical appointments and keep your treatment records current. Update your expense log with new receipts. Don't contact the respondent or their insurer directly while this is pending. If you have a solicitor, they'll monitor progress and prepare for either outcome.
What if the respondent refuses consent? This happens in roughly 30% of cases. The IRB can't force participation. When consent is withheld, the IRB issues an Authorisation promptly, and your claim moves to the court system. Your solicitor will advise whether mediation was attempted and whether court proceedings are the right next step. Refused consent doesn't weaken your claim. It simply changes the route.
A detail that catches many claimants off guard: the most common cause of IRB delays is incomplete medical evidence at the point of submission. If Form B is missing details about prognosis or treatment history, the IRB may request further information, adding months to the process.
Filing your IRB application has one important procedural effect: it pauses the two-year statute of limitations clock. This means the time your case spends at the IRB does not count against your deadline.
IRB mediation: the biggest process change in 20 years
Since December 2024, the IRB offers free mediation for all three categories of personal injury claim: employer liability, public liability, and motor liability. This service was introduced in phases. Employer liability mediation began in December 2023, public liability in May 2024, and road traffic claims from 12 December 2024 [3].
Mediation is voluntary. Both the claimant and the respondent must consent. You can opt in when submitting your application. If both sides agree, an independent, accredited mediator contacts you by telephone. You do not need to speak directly to the respondent or their insurance company.
The scope of mediation is broader than the standard assessment. Mediation allows discussion of liability, contributory negligence, and the extent of injury, all of which are outside the scope of a standard IRB assessment. According to injuries.ie [8], mediation can resolve claims in approximately three months, compared to the standard assessment timeline.
If agreement is reached, both parties sign a written agreement. A mandatory 10-day cooling-off period follows. After 10 days, if neither party withdraws, the agreement becomes a legally binding Order to Pay with the same force as a court order.
If mediation fails and the respondent also consented to assessment, the claim can still proceed to the standard assessment. If not, the claimant receives an Authorisation for court.
What changes next: Insurance Reform Action Plan 2025-2029. The Government's Action Plan, published in July 2025, proposes making mediation the default process for personal injury claims, not just an optional extra. It also proposes allowing legal fees to be awarded for claims resolved through the IRB, and strengthening the IRB's power to handle claims where new medical evidence emerges during litigation. These changes aren't law yet, but they signal a clear direction: more claims resolved earlier, fewer reaching the courts. Source: Gov.ie 3.
Practitioner insight: Mediation outcomes improve significantly when both sides have strong early evidence packages. Before opting in, ensure your medical report is complete, your special damages are documented, and any liability evidence (CCTV, photos, Garda reports) is preserved. Mediation works best when you walk in prepared.
The IRB assessment process
If mediation is not chosen or not available, the IRB assesses your claim using the Personal Injuries Guidelines and your medical evidence. The statutory target for completing an assessment is nine months from the date the respondent consents. Citizens Information [1].
During this period, the IRB may arrange an independent medical examination (IME) to verify your injuries and prognosis. The IME is conducted by a doctor selected by the IRB, separate from your treating physician.
What happens at the independent medical examination. The IME is typically arranged at a location near your home. It lasts 20 to 40 minutes. The doctor will ask about your accident, your symptoms, your treatment history, and how the injury affects daily life. They'll conduct a physical examination focused on the body parts you've claimed were injured. They won't discuss their findings with you or provide treatment. Their written report goes to the IRB. One detail that surprises clients: you can't bring someone into the examination room, though they can wait outside. Bring a written list of your symptoms, medications, and any questions about the process.
The assessment is paper-based. There's no oral hearing, no cross-examination, and no opportunity to present the full personal impact of your injuries beyond the written medical evidence. The IRB doesn't decide who was at fault. Its role is restricted to calculating the value of your injuries and losses based on the Personal Injuries Guidelines.
While you wait for your assessment. The 9 to 12 month assessment period isn't passive time. Keep attending all GP and physiotherapy appointments. Maintain your symptom diary and expense log. Don't post on social media about physical activities. Don't discuss your case directly with the respondent's insurer. If your condition changes significantly, inform your solicitor so they can update the IRB with a revised medical report. Gaps in treatment during this period give insurers grounds to argue your injuries have resolved.
What the timeline estimates don't account for: in practice, many assessments extend beyond nine months. Official 2024 reporting data indicates the actual average duration is closer to 11.2 months, with only about 51% of claims processed within the nine-month statutory target. Where medical prognosis is unclear, the IRB may defer assessment until your condition stabilises. Incomplete documentation, requests for additional reports, and the scheduling of independent medical examinations all add time. For details on common causes of delay, see our guide on IRB delays and how to prevent them.
Accept or reject: the 28-day decision and Section 51A
After the IRB issues its assessment, you have exactly 28 days to accept or reject the proposed compensation amount. The respondent has 21 days. If both sides accept, the IRB issues a legally binding Order to Pay, and the respondent must transfer the funds promptly. Payment after an accepted assessment typically arrives within 21 to 42 days. Citizens Information 1.
If either side rejects the assessment (or the claimant lets the 28-day window expire, which counts as rejection), the IRB issues an Authorisation. This document closes the IRB's involvement and gives the claimant permission to issue court proceedings.
Section 51A cost risk: the trap most guides ignore. Under Section 51A of the Personal Injuries Resolution Board Act 2022 [9], if the respondent accepts the IRB assessment but you reject it and take the case to court, you are exposed to a severe cost penalty. If the court awards you the same amount or less than the IRB assessment, the judge can order you to pay all or a substantial portion of the respondent's legal costs. In Ireland, legal costs can run into tens of thousands of euro. This penalty can wipe out your compensation entirely.
Before rejecting an IRB assessment, get realistic legal advice about what your case is likely worth under the current Personal Injuries Guidelines. Insurers often lodge the exact IRB assessment figure shortly after proceedings are issued. They are betting that most claimants won't beat it. This is the Assessment Floor Effect: the IRB figure becomes the baseline that claimants must exceed to avoid cost penalties. For full detail on post-assessment strategy, see our guide on what happens after IRB authorisation.
When a claim goes to court
If the IRB process does not resolve your claim, your solicitor issues a Personal Injuries Summons in the appropriate court. After receiving an Authorisation, you have six months plus any unused portion of your original two-year limitation period to issue proceedings. This is the Section 50 clock. Miss it, and you may lose the right to proceed. The court your case enters depends on the value of your claim. Under current limits: the District Court hears claims up to €15,000, the Circuit Court handles claims from €15,001 to €60,000, and the High Court covers claims above €60,000 (or €75,000 for non-personal-injury matters). Courts.ie [4].
The Civil Reform Bill 2025, published in January 2026, proposes increasing these limits: District Court to €20,000 and Circuit Court to €100,000 for personal injury claims. If enacted, more claims will be heard in lower courts, reducing legal costs for both sides. Source: Gov.ie (Updated Jan 2026) [10].
Since the Courts and Civil Law (Miscellaneous Provisions) Act 2023, there's no jury in personal injury cases in Ireland. A judge alone hears the evidence and decides both liability and the amount of compensation. This change has made outcomes more predictable and more closely aligned with the Personal Injuries Guidelines.
The Section 14 veracity affidavit: a step most guides skip. When your claim enters the court system, you must swear an affidavit under Section 14 of the Civil Liability and Courts Act 2004 5 confirming that every assertion in your pleadings is true. If the court finds your affidavit is false or misleading in any material respect, the judge can dismiss your entire claim under Section 26. Under Section 29, knowingly making a false statement carries a fine of up to €100,000 or up to 10 years imprisonment. Disclose all prior injuries, pre-existing conditions, and relevant medical history. Even unintentional omissions can be fatal to your case.
How the process differs by claim type
| Process element | Road traffic | Workplace | Public liability |
|---|---|---|---|
| Initial reporting | Report to Gardáí. Keep PULSE reference. | Report to employer. Record in accident book. | Report to premises owner/manager. Photograph hazard. |
| Key legislation | Road Traffic Acts. Civil Liability and Courts Act 2004. | Safety, Health and Welfare at Work Act 2005. | Occupiers' Liability Act 1995. |
| Evidence priorities | Dashcam, CCTV, Garda report, witness details. | Accident book entry, safety records, training logs, HSA reports. | Photos of hazard, CCTV request, maintenance records. |
| IRB route | Standard. Add MIBI if driver uninsured. | Standard. Employer's insurer is respondent. | Standard. Occupier's insurer is respondent. |
| Mediation available | Yes (since Dec 2024). | Yes (since Dec 2023). | Yes (since May 2024). |
The vast majority of claims that reach litigation settle before trial. Settlement meetings, pre-trial negotiations, and the exchange of evidence during the litigation process often produce agreement. Over 95% of authorised claims settle without a full trial. For more on the settlement decision, see our guide on settling versus going to trial.
How long does the process take?
The total time from accident to resolution depends on the complexity of your injuries, whether liability is disputed, and whether your claim settles at the IRB or proceeds to court. According to the Law Society Gazette (Updated July 2025) [17], the average assessment time was 11.2 months in 2024, while mediated claims resolved in approximately three months.
| Claim pathway | Typical duration | Key factors |
|---|---|---|
| IRB assessment (accepted) | 12 to 18 months | Clear liability, minor-moderate injury, complete medical evidence |
| IRB mediation (resolved) | 6 to 9 months | Both parties consent to mediation, strong evidence package, agreement reached |
| Court settlement (pre-trial) | 2 to 3 years | Disputed liability or more serious injuries, settled during litigation |
| Full court trial | 3 to 5+ years | Complex injuries, multiple defendants, or contested liability requiring judicial determination |
The timing matters more than most guides suggest: settling too early, before your injuries have stabilised, almost always results in undervaluation. A good solicitor will advise you to wait until your medical prognosis is clear before accepting any offer.
Data from the Central Bank of Ireland's National Claims Information Database paints the full picture. The average duration from initial report to final settlement in 2024 was 1.8 years for claims settled directly with insurers, 2.1 years through the IRB channel, and 5.7 years for fully litigated claims. These figures include the pre-application, assessment, and post-assessment phases combined. This is what we call the Real-World Timeline Gap: the difference between the official nine-month IRB target and the actual end-to-end journey from accident to payment.
How compensation is calculated
Compensation in Ireland is calculated using the Personal Injuries Guidelines (2021), which replaced the Book of Quantum in April 2021. The Guidelines are legally binding. The Supreme Court confirmed this in Delaney v PIAB [2024] IESC 10. Judicial Council 6.
The Guidelines set valuation bands for general damages by injury type and severity. Special damages (medical expenses, lost earnings, travel costs, care needs) are calculated separately and have no statutory cap.
One aspect the Guidelines don't make obvious: multiple injuries aren't valued by simply adding the band figures together. The IRB and courts apply a holistic approach. If you've suffered a back injury and a shoulder injury in the same accident, each injury is placed in its band, but the overall award reflects the combined impact on your life rather than a mathematical sum. This is a common source of frustration for claimants who expect their total to equal the individual bands added up.
The Judicial Council proposed a 16.7% increase to the Guidelines in early 2025 to reflect inflation. However, the Minister for Justice chose not to seek Oireachtas approval for this uplift. The original 2021 values remain in force as of April 2026. The Judicial Council (Amendment) Bill 2026 proposes a revised review process. Source: CKT (Updated Jan 2026) [11].
For full details on damages categories and valuation, see our guide on personal injury compensation in Ireland.
Case law: Delaney v PIAB [2024] IESC 10
Holding: The Supreme Court (seven-judge panel) confirmed the Personal Injuries Guidelines are constitutionally valid and legally binding. The claimant's ankle fracture was valued at €3,000 under the Guidelines, compared to an estimated €18,000 to €34,000 under the old Book of Quantum.
Why it matters: This ruling locked in lower awards for minor soft-tissue injuries and confirmed courts must follow the Guidelines. Any expectation of a return to pre-2021 award levels is now unrealistic.
Case law: Farrell v Dublin Bus [2010] IEHC 327
Holding: The High Court dismissed a personal injury claim where the plaintiff's veracity affidavit omitted a prior road traffic accident affecting the same body part claimed. The omission was treated as a failure to disclose under the Civil Liability and Courts Act 2004.
Why it matters: Incomplete or inaccurate disclosure of prior injuries can result in dismissal. Claimants must disclose all relevant medical history, even if they believe it is unrelated. The Civil Reform Bill 2025 proposes to strengthen this obligation.
Republic of Ireland only. The personal injury claim process described on this page applies exclusively to the Republic of Ireland. Northern Ireland, England, Wales, and Scotland each operate under different legislation and separate court systems. In particular, the IRB has no equivalent in the UK (which uses a different Claims Portal system), the Personal Injuries Guidelines do not apply outside Ireland, and the Section 51A cost penalty is an Irish-only provision. If your accident occurred outside Ireland, different rules apply.
One further detail the official guidance doesn't highlight: personal injury compensation in Ireland is generally tax-free under the Taxes Consolidation Act 1997. This applies to both general and special damages. However, the Department of Social Protection operates a Recovery of Certain Benefits and Assistance Scheme. If you received illness-related welfare payments (such as Injury Benefit) after your accident, the State can recoup those payments from the compensator's final award. Your solicitor should account for this when calculating the net amount you receive. Source: Citizens Information 1.
What does it cost to make a claim?
The IRB application fee is €45 for online submissions and €90 for paper or email. The initial medical report from your GP costs approximately €300 to €400, paid upfront by the claimant. Citizens Information 1.
Most personal injury solicitors in Ireland work on a conditional fee basis. Professional fees are only payable if the claim succeeds. However, this arrangement covers the solicitor's own fees only. It does not cover adverse costs if you lose in court, independent medical report fees, or VAT on the solicitor's charges. For a full explanation of how fees work, see our guide to conditional fee arrangements.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
IRB statistics: the real numbers (2024)
The IRB processed 20,837 applications in 2024, a 3% increase on 2023 but still 33% below pre-pandemic 2019 levels. Motor claims accounted for the largest share, followed by public liability and employer liability. IRB Award Values Report H2 2024 [12].
| Metric | 2024 figure | Context |
|---|---|---|
| Total applications | 20,837 | Up 3% from 2023, 33% below 2019 |
| Median award | €13,000 | Up 12% from 2023, still 29% below 2020 pre-Guidelines level |
| Respondent consent rate | 70% | The percentage of respondents who agree to IRB assessment |
| Assessment acceptance rate | 50% | Recovered from 36% in mid-2021 following Guidelines introduction |
| Motor claims | 69% of total | Rose 4% year-on-year |
| Employer liability | Declined 5% | Year-on-year decrease |
According to the IRB's 2024 Annual Report [13], the Board has processed over half a million personal injury claims in its 20-year history, making 200,000 assessments resulting in over €4 billion in awards. It estimates €1.2 billion has been saved in avoided legal costs by resolving claims outside the court system.
Mistakes that weaken claims
The most damaging errors happen early, before the IRB application is even submitted. These are the patterns that consistently reduce outcomes. Under the Civil Liability and Courts Act 2004 5, inaccurate or misleading claims can result in dismissal of the entire case.
Missing the one-month Section 8 window. Failing to notify the respondent within one month of the accident does not end your claim, but it can mean you lose the right to recover legal costs, even if you succeed at trial.
Incomplete medical evidence. A GP report that omits prognosis, pre-existing conditions, or treatment history forces the IRB to request further information. Each request adds months.
Gaps in treatment. If you stop attending medical appointments or physiotherapy, insurers will argue your injuries were not as serious as claimed. Consistent treatment records strengthen your position.
Social media contradictions. Posts showing physical activity that conflicts with your claimed injuries can undermine credibility. Courts and insurers actively check social media. If it's online, assume it'll be found.
Poor expense records. Without receipts, you cannot prove special damages. Medical bills, prescriptions, parking at hospitals, taxi fares to appointments: keep everything.
Accepting too early. Settling before your injuries have fully stabilised means you're valuing your claim without knowing its true extent. Once you accept an IRB assessment or court settlement, you can't reopen the claim.
Claim Readiness Self-Audit (answer honestly to check your position)
Key takeaways
1. All personal injury claims in Ireland (except medical negligence) must go through the Injuries Resolution Board before court proceedings can begin.
2. You have two years from the accident (or date of knowledge) to begin the process. Notify the respondent within one month.
3. IRB mediation is now available for all claim types (employer, public, motor) and resolves claims in approximately three months.
4. The Section 51A cost trap means rejecting an IRB assessment carries real financial risk if the court doesn't award more.
5. The average IRB assessment takes 11.2 months (2024 data). Real end-to-end timelines are longer: 1.8 to 5.7 years depending on settlement channel.
Common Questions
Do I need a solicitor to make a personal injury claim?
You are not legally required to use a solicitor. However, the Law Society of Ireland recommends legal representation for IRB claims. Solicitors identify the correct respondent, prepare compliant applications, value claims accurately, and protect your position on costs.
- Solicitors handle Section 8 notification timing.
- They obtain and verify medical evidence.
- They advise on whether to accept or reject IRB assessments.
Why it matters: Unrepresented claimants consistently settle for less.
Next step: Is it worth making a claim? • IRB process 2
How long does a personal injury claim take in Ireland?
Straightforward claims resolved at the IRB stage can take 12 to 18 months. Claims proceeding to court typically take two to three years. Complex or high-value claims requiring full trial may take three to five years or longer.
- IRB mediation can resolve claims in approximately three months.
- The IRB statutory assessment target is nine months from respondent consent.
- Court scheduling and injury complexity are the biggest delay factors.
Why it matters: Settling before injuries stabilise leads to undervaluation.
Next step: IRB delays and prevention • Citizens Information 1
Does medical negligence go through the IRB?
No. Medical negligence claims are excluded from the IRB process and proceed directly to court. This is set out in the Personal Injuries Assessment Board Act 2003. Medical negligence requires separate expert medical evidence proving a breach of the standard of care.
- IRB handles road traffic, workplace, and public liability claims only.
- Medical negligence goes straight to litigation.
- Separate time limit rules may apply (date of knowledge is common).
Why it matters: Filing at the IRB when you should be in court wastes time.
Next step: Medical negligence claims • Courts.ie 4
What happens if I reject the IRB assessment?
The IRB issues an Authorisation allowing you to take the case to court. However, under Section 51A of the Personal Injuries Resolution Board Act 2022, if the respondent accepted the assessment and you rejected it, you face a severe cost penalty if the court awards you the same or less than the IRB figure.
- You have 28 days to decide (respondent has 21 days).
- Rejection is a strategic decision requiring legal advice.
- Most authorised claims settle before trial.
Why it matters: Adverse costs can exceed the compensation itself.
Next step: After IRB authorisation • Settle or go to trial?
How does IRB mediation work?
Both parties opt in when submitting or responding to the IRB application. An independent mediator contacts both sides by telephone. Mediation can cover liability, contributory negligence, and the full value of the claim. If agreement is reached, a 10-day cooling-off period applies before the agreement becomes a binding Order to Pay.
- Free of charge, voluntary, and confidential.
- Available for all claim types since December 2024.
- Resolves claims in approximately three months.
Why it matters: Faster, less adversarial, and broader in scope than standard assessment.
Next step: IRB mediation 8 • Gov.ie (Dec 2024) 3
Can I claim if the accident was partly my fault?
Yes. Contributory negligence reduces the compensation amount but does not eliminate your right to claim. If a court finds you were 25% at fault, your award is reduced by 25%. This principle applies at both the IRB and court stage.
- The respondent must prove your contribution to the accident.
- Common examples: not wearing a seatbelt, jaywalking, ignoring workplace safety rules.
- Mediation (unlike standard assessment) can address contributory negligence directly.
Why it matters: Partial fault does not mean no claim.
Next step: Contributory negligence explained • Citizens Information 1
How much does it cost to make a personal injury claim?
The IRB application fee is €45 online (€90 by post). The initial medical report costs approximately €300 to €400. Most personal injury solicitors in Ireland work on a conditional fee basis, meaning professional fees are only payable if the claim succeeds.
- IRB mediation is free of charge.
- Conditional fee arrangements do not cover adverse costs or VAT.
- Special damages (medical expenses, lost earnings) may be recovered as part of the claim.
Why it matters: Understanding costs prevents surprises after settlement.
Next step: Conditional fee arrangements • IRB fees 2
Can a child make a personal injury claim?
Yes. A parent or guardian can bring a claim on behalf of a child (a "next friend" application). The two-year limitation period does not begin until the child turns 18, giving considerable time. However, waiting is not always advisable because evidence deteriorates over time.
- The child's claim is managed by a parent or legal guardian.
- Court approval is required for any settlement involving a minor.
- Compensation is held in trust until the child reaches 18.
Why it matters: Delay can weaken evidence, even when the deadline is distant.
Next step: Claims for children • Citizens Information 1
Can I claim for psychological injuries after an accident?
Yes. General damages in Ireland cover psychological harm including anxiety, depression, and post-traumatic stress disorder (PTSD) caused by an accident. The Personal Injuries Guidelines include valuation bands for psychiatric and psychological injuries. You'll need a report from a psychiatrist or clinical psychologist, not just your GP, to support this element of the claim.
- Psychological injuries are assessed separately from physical injuries.
- A specialist psychiatric report is required to support the claim.
- The Guidelines value psychological injuries on a severity scale, from minor to severe.
Why it matters: Many claimants don't realise mental health impacts are compensable.
Next step: Compensation guide • Personal Injuries Guidelines 6
What if my employer retaliates after I make a workplace claim?
Irish law prohibits employer penalisation for making a personal injury claim. Under Section 12 of the Safety, Health and Welfare at Work Act 2005, an employer cannot dismiss, demote, or otherwise penalise an employee for reporting an accident or making a safety-related complaint. If penalisation occurs, you can bring a separate complaint to the Workplace Relations Commission.
- Dismissal, demotion, or unfavourable treatment after a claim is prohibited.
- Complaints go to the Workplace Relations Commission (WRC).
- The protection covers reporting accidents, not just formal claims.
Why it matters: Fear of retaliation stops many valid workplace claims from being made.
Next step: Workplace accident claims • Health and Safety Authority
References
- Citizens Information: Injuries Resolution Board (Updated Nov 2025)
- Injuries Resolution Board: Making a Claim (Updated 2025)
- Gov.ie: IRB Mediation for Motor Liability Claims (Updated Dec 2024)
- Courts.ie: Understanding Personal Injuries (Updated 2025)
- Civil Liability and Courts Act 2004
- Judicial Council: Personal Injuries Guidelines Committee
- Statute of Limitations (Amendment) Act 1991
- Injuries Resolution Board: Mediation (Updated 2025)
- Gov.ie: Personal Injuries Resolution Board Bill 2022
- Gov.ie: Civil Reform Bill (Updated Jan 2026)
- CKT: Personal Injury Law 2025 Review (Updated Jan 2026)
- IRB: Award Values Report H2 2024
- IRB: Strategic Plan 2025-2029 (Updated Oct 2025)
- Central Bank of Ireland: National Claims Information Database
- Civil Liability and Courts Act 2004, Section 14: Verifying Affidavit
- Safety, Health and Welfare at Work Act 2005, Section 12
- IRB Claimant Guide (Updated September 2025)
- Law Society Gazette: Claims Figures Stabilising (Updated July 2025)
This information is for educational purposes only and does not constitute legal advice. Every case depends on its specific facts. Consult a qualified solicitor for advice on your situation. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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
