Personal Injury Settlements 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 is general information, not legal advice. Every case is different and outcomes vary. Consult a solicitor for advice specific to your situation.
A personal injury settlement in Ireland is a binding agreement that resolves your claim without a full court hearing. Your claim can settle at five distinct stages. We call this the 5 Settlement Windows framework because each window carries different cost risks, timing realities, and negotiation dynamics. The IRB Annual Report 2024 shows that 50% of IRB assessments were accepted by both sides last year, and the Board saved an estimated €76 million in avoided litigation costs. Understanding when and how settlements happen puts you in a stronger position to protect the full value of your claim.
Scope: This guide covers settlements for road traffic accident claims, workplace injury claims, and public liability claims in Ireland. Medical negligence claims follow a different process and bypass the IRB entirely.
In short: Personal injury settlements in Ireland can occur at 5 stages: pre-IRB, IRB acceptance, post-IRB negotiation, settlement meeting during litigation, or on the day of trial. In 2024, the IRB handled 20,837 claims and generated €168 million in awards. The median award across all categories was €13,000. Settlements are tax-free under Section 189 TCA 1997, but investment income from settled funds may be taxable. Once accepted, a settlement is final and cannot be reopened.
Quick answers
Contents
What is a personal injury settlement?
A personal injury settlement is a legally binding financial agreement between an injured person and the party responsible for the injury (or their insurer), resolving the claim without a court trial. In Ireland, the vast majority of personal injury claims resolve through settlement rather than a judge's determination. The Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, plays a central role in this process by assessing claims and proposing compensation amounts before court proceedings can begin.
A settlement covers two categories of loss. General damages compensate for pain, suffering, and loss of quality of life. Special damages cover financial losses: medical bills, lost earnings, travel costs, and care expenses. Both feed into the final figure. For a detailed breakdown, see our guide to personal injury compensation in Ireland.
What catches many claimants off guard: a settlement is not just the number. The agreement includes a full and final discharge, meaning you permanently waive the right to pursue any further compensation for the same injury. The timing of when you settle, and at which stage of the process, directly affects the amount you receive.
Medical negligence claims follow a different path. The 5 Settlement Windows framework described on this page applies to personal injury claims from accidents (road traffic, workplace, public liability). Medical negligence claims are exempt from the IRB entirely under Section 3(d) of the PIAB Act 2003 and proceed directly to the courts. If your claim involves clinical care rather than an accident, see our guide to medical negligence claims in Ireland.
The 5 Settlement Windows: when do claims settle in Ireland?
Personal injury claims in Ireland can settle at five distinct stages, each with different dynamics, cost implications, and strategic considerations. Most guides treat settlement as a single event. In practice, the stage at which your claim settles changes what you receive and what it costs to get there.
Window 1: Pre-IRB settlement
After an IRB application is filed, the respondent's insurer sometimes approaches with a settlement offer before the IRB completes its assessment. The insurer may want to close the file early. The average IRB assessment timeline was 11.2 months in 2024, according to the IRB Annual Report 1. An early offer can shortcut that wait, but it often undervalues the claim because the claimant's medical position may not be fully clear.
The timing matters more than most guides suggest: settling before reaching maximum medical improvement means you are making a permanent financial decision based on incomplete evidence. If your condition worsens after settlement, you cannot reopen the claim.
Window 2: IRB assessment acceptance
The IRB assesses the claim and proposes an award. Both parties have a set period to accept or reject. In 2024, 50% of IRB assessments were accepted by both the claimant and the respondent. The IRB consent rate from respondents reached a record 71% in 2024, meaning seven in ten defendants agreed to have the Board resolve their claim. If both sides accept, the respondent pays the settlement amount, typically within four to six weeks. The Citizens Information IRB guide 2 sets out timelines and options.
Cost risk if you reject: If you reject the IRB assessment and go to court but receive a lower award than the IRB offered, you will generally pay the respondent's legal costs as well as your own. This is the Section 51A Cost Trap — the most misunderstood risk in Irish personal injury claims. Under Section 51A of the Personal Injuries Assessment Board Act 2003, this cost penalty applies regardless of whether you win on liability. You must beat the amount the IRB offered, not just prove the defendant was at fault.
How the Section 51A Cost Trap works in practice: Suppose the IRB assesses your claim at €18,000. You reject it and proceed to court. The judge awards you €15,000. You won on liability, but you failed to beat the IRB figure. The defendant's legal costs from the date of the IRB assessment could be approximately €20,000-€25,000. Your own legal costs might be €15,000-€20,000. The result: you receive €15,000 but owe approximately €35,000-€45,000 in combined legal costs. The net outcome is a significant financial loss, despite winning your case. This is why any decision to reject an IRB assessment requires careful analysis of whether your evidence supports a higher figure at trial.
These figures are illustrative only. Actual costs vary by case. The average legal cost for a litigated claim was approximately €23,000 in 2024 (Central Bank data).
Section 51A Cost Trap Calculator
Enter your IRB assessment and a potential court award to see the financial outcome. This is a general illustration only, not advice.
Estimated legal costs based on Central Bank 2024 average (€23,000 litigation). Your own costs are estimated at 65% of defendant costs. Actual figures vary by case. This is not legal advice.
Window 3: Post-IRB, pre-proceedings settlement
If either side rejects the IRB assessment, the IRB issues an Authorisation allowing court proceedings. Between receiving this Authorisation and issuing proceedings, there is a window where settlement talks frequently happen. Legal costs at this stage are still relatively contained. For detail on what happens after IRB authorisation, see our page on what happens after IRB authorisation.
Window 4: Settlement meeting during litigation
Once proceedings are issued, both sides prepare for court. During this phase, the defendant's insurers may request a settlement meeting. These meetings typically take place at the Four Courts in Dublin or the relevant county court venue. You meet with your solicitor and barrister in one room while the defendant's legal team occupies another. Offers pass back and forth through your legal team. There is no round-table negotiation, and you are not cross-examined during a settlement meeting.
The difference between assessment and acceptance often comes down to the strength of your medical evidence and whether the defendant's medical expert disagrees with your treating consultant's prognosis.
All settlement discussions at this stage are conducted on a "without prejudice" basis. This means that anything said during the negotiation cannot be used as evidence in court if the talks fail and the case proceeds to trial. The rule exists to encourage open negotiation. If the insurer offers €25,000 at a settlement meeting and you reject it, they cannot tell the judge that they offered €25,000 and you turned it down. You can speak freely with your legal team about your position without risk.
Window 5: Door-of-the-court settlement
A significant proportion of claims that reach a trial date settle on the morning of the hearing itself. Barristers on both sides assess the risk of a judicial decision and frequently agree terms at the last moment. Claimants should be prepared for this rather than surprised by it. If no agreement is reached, the judge hears the case and makes a determination that neither side controls.
For a deeper analysis of whether to settle or proceed to trial, see should I settle or go to trial.
What does the IRB 2024 data show about settlements?
The IRB handled 20,837 claims in 2024, generating €168 million in compensation awards. Claim volumes remain 33% below 2019 levels, though they rose slightly (up 3%) from 2023. Motor claims increased by 4%, employer liability claims fell by 5%, and public liability claims stayed broadly flat. Source: IRB Annual Report 2024 1.
| Metric | 2024 Figure | Context |
|---|---|---|
| Total claims | 20,837 | Up 3% on 2023, but 33% below 2019 |
| Total awards | €168 million | Across all claim types |
| Acceptance rate (both parties) | 50% | Up from 48% in 2023 |
| Respondent consent rate | 71% | Record level |
| Median award (all PI) | €13,000 | Down 29% from €17,975 in 2020 |
| Average assessment timeline | 11.2 months | Over 50% of awards paid within 9 months |
| Avoided litigation costs | €76 million | Estimated saving through non-court resolution |
| Mediation average time | ~3 months | New IRB mediation pathway (full rollout Dec 2024) |
What the IRB statistics don't capture: over 70% of employer and public liability claims were still resolved through litigation in 2024, even though average awards through litigation were no higher than IRB awards. The average legal cost for a litigated claim was approximately €23,000, compared to roughly €1,000 through the IRB. Source: Central Bank of Ireland NCID Report (December 2025).
Delaney v The Personal Injuries Assessment Board [2024] IESC 10
Holding: The Supreme Court upheld the constitutionality of the Personal Injuries Guidelines and confirmed that judges may only depart from the brackets where there is "no reasonable proportion" between the bracket and the warranted award.
Why it matters: This ruling confirms the Guidelines are binding on the IRB and the courts. The 2021 brackets, which remain unchanged in 2026, set the framework for every settlement negotiation. Source: courts.ie.
Gill Russell (a minor) v HSE [2015] IECA 236
Holding: The Court of Appeal reduced the real rate of return for calculating future wage-related care costs from 3% to 1%, and to 1.5% for all other future pecuniary loss, to account for the extent to which wage inflation is likely to exceed consumer price inflation over a plaintiff's lifetime.
Why it matters: A lower discount rate increases the lump sum awarded for future losses. Claimants with long-term care needs receive more upfront to cover projected costs over their lifetime. Source: courts.ie.
IRB mediation vs standard assessment: side-by-side
| Factor | Standard Assessment | IRB Mediation |
|---|---|---|
| Average resolution time | 11.2 months (2024) | ~3 months (2024) |
| Participation | Mandatory for most PI claims | Voluntary for both parties |
| Confidentiality | Assessment shared with both sides | Fully confidential discussions |
| Disputed liability | Cannot address liability disputes | Can address contributory negligence and disputed fault |
| Complex special damages | Paper-based, limited scope | Mediator can explore detailed financial losses |
| Legal weight of outcome | Assessment that both can accept or reject | Agreement carries same enforcement weight as a court order |
| Available for | All PI claims (except medical negligence) | Motor, employer liability, and public liability (since December 2024) |
| If it fails | IRB issues Authorisation for court | Claimant retains full rights to proceed to assessment or court |
From handling claims through both pathways, mediation works best where liability is broadly accepted but the two sides disagree on value. When liability itself is in dispute, the standard assessment or litigation route is usually more appropriate. The 3-month average also depends on both sides engaging promptly. Delays in providing medical evidence or financial documentation can extend the process. Source: Citizens Information 2.
Settlement vs court award: the key differences
A settlement is a negotiated agreement where both sides control the outcome. A court award is a judge's determination that neither side controls. Settlements offer speed and certainty. Court awards offer the possibility of a higher figure, but carry the risk of a lower award, or nothing at all if liability is contested.
| Factor | Settlement | Court Award |
|---|---|---|
| Control | Both parties agree the figure | Judge decides |
| Speed | Weeks to months after agreement | 2-4 years from accident to hearing |
| Certainty | You know the exact amount | Risk of higher or lower figure |
| Stress | No cross-examination | Full evidence hearing required |
| Costs | Lower legal costs overall | Higher costs, with cost-risk if you lose |
| Privacy | Terms can be confidential | Court hearings are public |
For a full analysis of when each route makes sense, see our dedicated guide: settle or go to trial.
How are settlement amounts calculated in Ireland?
Settlement amounts in Ireland combine general damages (pain and suffering, valued under the Personal Injuries Guidelines 2021) with special damages (documented financial losses). The Guidelines replaced the old Book of Quantum in April 2021 and set mandatory brackets that judges and the IRB must follow when assessing general damages.
Special damages cover medical expenses, lost earnings, travel costs, care and assistance costs, home adaptations, and any other out-of-pocket financial loss caused by the injury. Special damages are not capped by the Guidelines, and in severe injury cases they often exceed general damages by a wide margin. This is the Special Damages Multiplier Effect: once general damages hit the guideline ceiling, every euro of vouched financial loss adds directly to the total settlement. Thorough documentation of receipts, payslips, care invoices, and medical bills can make a difference of tens of thousands of euro. For the full breakdown, see personal injury compensation in Ireland.
The IRB's 2024 data 1 shows the median award was €13,000 across all personal injury categories. The highest single award in 2024 was just under €600,000. These figures represent general damages only and do not include special damages, which are calculated separately based on vouched financial evidence.
Negotiation insight: The IRB assessment is a starting point, not a ceiling. In cases with strong special damages evidence, solicitor-handled negotiations and mediation frequently achieve higher final figures than the initial assessment. See our guide on negotiating a better settlement.
Special damages: what to document and what goes wrong
| Loss Category | Evidence Required | Common Mistake |
|---|---|---|
| Medical expenses (GP, consultant, physio, prescriptions) | Itemised receipts, pharmacy printouts, hospital invoices | Paying by cash with no receipt. Keep every invoice from day one. |
| Loss of earnings (past) | Employer letter confirming absence, payslips for 12 months pre-accident, P60/Revenue record | Self-employed claimants failing to produce tax returns or accountant's letter. |
| Loss of earning capacity (future) | Actuarial report, consultant's prognosis on work capacity, employment history | Not commissioning an actuarial report when permanent restrictions exist. |
| Travel to appointments | Mileage log with dates, taxi receipts, hospital parking receipts | No log kept. Start recording from the first appointment. |
| Care and assistance | Professional carer invoices, or documented hours from family carers with occupational therapist assessment | Assuming family care is "free." Courts recognise the commercial value of unpaid care. |
| Home adaptations | Occupational therapist report, contractor quotes, invoices | Making modifications without a formal OT recommendation first. |
What surprises clients: the difference between a well-documented and a poorly-documented special damages claim on the same injury can be €15,000 to €30,000. Receipts, logs, and professional reports are not optional extras. They are the evidence that converts loss into compensation. For the full picture of what evidence you need, see evidence for a personal injury claim.
How long does a personal injury settlement take in Ireland?
The total timeline from accident to settlement typically ranges from several months to two or three years, depending on the complexity of the claim, the severity of the injury, and the route taken. After you accept a settlement, payment usually arrives within 14 to 28 days.
| Stage | Typical Duration |
|---|---|
| Medical treatment and evidence gathering | 3-12 months (until maximum medical improvement) |
| IRB application to assessment | 11.2 months average (2024) |
| IRB mediation pathway | ~3 months average (new since December 2024) |
| Post-IRB to proceedings | Varies: weeks to months |
| Litigation to trial date | 12-24 months after issuing proceedings |
| Payment after settlement accepted | 14-28 days |
What the timeline estimates don't account for: adjournments, delayed medical reports, and defendants who run down the clock through procedural steps. Two claims with identical injuries can take very different times to resolve depending on the respondent's approach. See the personal injury claim process in Ireland for more detail on each phase.
Is a personal injury settlement taxable in Ireland?
Personal injury compensation is exempt from income tax and capital gains tax in Ireland under Sections 189 and 190 of the Taxes Consolidation Act 1997. This applies to settlements reached out of court, awards made by the IRB under Section 38 of the Personal Injuries Assessment Board Act 2003, and damages awarded by a court. The exemption applies whether the payment is made as a lump sum or in instalments.
The exemption covers general damages and special damages. Revenue 3 confirms that these payments are not considered chargeable gains for capital gains tax purposes either.
Investment income exception: If you invest your settlement funds and earn interest or returns, that income is taxable, unless you are permanently unable to maintain yourself due to mental or physical incapacity. Even where exempt, such income must still be reported in your tax return.3.
How does social welfare recovery affect your settlement?
The Department of Social Protection can recover illness-related social welfare payments from personal injury compensation under the Recovery of Certain Benefits and Assistance (RBA) Scheme. This scheme, in force since 1 August 2014 under Sections 13 and 14 of the Social Welfare and Pensions Act 2013, prevents double compensation where a claimant has received State payments and a private settlement for the same injury.
The recoverable payments include Illness Benefit, Injury Benefit, Incapacity Supplement, Partial Capacity Benefit, Invalidity Pension, and Disability Allowance. The Department issues a statement of recoverable benefits to the compensator (usually the insurer). The compensator deducts this amount from the loss-of-earnings element of the settlement before paying the claimant. The claimant does not repay the Department directly. Source: Citizens Information 2.
The official guidance doesn't cover this clearly: this deduction can reduce the net settlement by thousands of euro if the claimant received extended illness or disability payments during recovery. Always obtain a copy of your benefit statement from the Department before finalising any settlement.
How the RBA deduction works in practice: Suppose you were off work for 18 months after an accident and received Illness Benefit at the maximum personal rate of €254 per week. The total benefit paid is approximately €19,812. Your settlement includes €35,000 for loss of earnings. The Department issues a statement of recoverable benefits to the insurer for €19,812. The insurer deducts this from the loss-of-earnings portion before paying you. You receive €15,188 for lost earnings, not €35,000. The general damages portion of your settlement is not affected by this deduction.
These figures are illustrative. The maximum personal Illness Benefit rate is €254 per week in 2026. Actual rates depend on your average weekly earnings and PRSI contributions. Source: Citizens Information (March 2026).
Do child settlements require court approval?
A personal injury settlement for a child in Ireland requires court approval before it becomes binding. Under Section 63 of the Civil Liability Act 1961, a minor cannot enter a legally binding contract, so the court must review the terms to protect the child's interests. This process is called an "infant ruling."
The application requires a birth certificate, medical reports, and a written opinion from counsel (barrister) on whether the settlement should be accepted. If the court approves, the settlement funds are typically lodged in court and held until the child turns 18. In cases involving very large awards, the High Court may direct wardship rather than a simple lodgment. See our guide to personal injury claims for children for the full process.
The limitation period for children's claims is different from adult claims. The two-year limitation clock does not start until the child reaches 18, giving them until their 20th birthday to bring a claim. Source: Citizens Information 2.
What is a lodgment and why does it matter?
A lodgment is money deposited in court by the defendant as an offer to settle your claim. If you reject it and the judge awards you less than the lodged amount, you will generally pay the defendant's legal costs from the lodgment date. This mechanism is governed by Order 22 of the Rules of the Superior Courts and applies in High Court personal injury actions.
Insurance companies acting as respondents can make a "tender offer in lieu of lodgment" under S.I. No. 328 of 2000, meaning they don't need to physically deposit the money in court. The effect is the same: if you don't "beat the lodgment" at trial, the cost consequences can be severe.
Since April 2022, S.I. No. 186/2022 introduced an additional window allowing defendants to lodge money within 21 days of receiving your medical report. This gives the defendant another chance to put pressure on by making a lodgment after seeing your medical evidence. Claimants should discuss lodgment strategy with their solicitor before rejecting any formal offer.
Can you reopen a settlement if your condition worsens?
No. Once you sign a settlement agreement in Ireland, your right to pursue any further compensation for the same injury is permanently extinguished. The agreement includes a full and final discharge, and this applies even if your condition later worsens, your medical costs exceed the settlement, or you discover a new injury caused by the same accident.
What you actually sign
The settlement document is a formal legal agreement. It typically contains: the agreed compensation figure, a full and final release clause (waiving all future claims for the same injury), a statement that you have received independent legal advice, an acknowledgment of your current medical condition and prognosis, a costs provision (who pays legal costs), and an indemnity against future claims by third parties arising from the same incident. If the claim was resolved through the IRB, the acceptance form submitted to the Board operates as the binding agreement. If settled during litigation, your solicitor and the defendant's solicitor exchange signed documents.
The most important clause is the full and final release. It means "full" in the strictest sense. You cannot come back in six months, twelve months, or ten years and seek more. The only narrow circumstances where a settlement has been challenged involve fraud or deliberate concealment of information by the other side, and these cases are extremely rare.
This is why reaching maximum medical improvement before settling is so important. Maximum medical improvement means your doctors believe your condition will not change substantially with further treatment. Settling before that point means you are making a permanent financial decision on incomplete medical evidence. See the disadvantages of settling a personal injury claim for a full breakdown of the risks.
The Guidelines freeze: what it means for settlements in 2026
The Personal Injuries Guidelines remain at 2021 levels in 2026, despite 16.7% cumulative inflation since they were introduced. In January 2025, the Judicial Council approved a proposed 16.7% increase across all compensation brackets. The Government chose not to bring this increase before the Oireachtas for approval in July 2025, effectively blocking it. Source: RTE, July 2025.
In January 2026, the Minister for Justice published the General Scheme of the Judicial Council (Amendment) Bill 2026, which proposes extending the review period from three to five years and creating a mechanism for the Judicial Council to reconsider Guidelines if the Oireachtas does not approve them.
In practical terms, general damages brackets have lost approximately one-sixth of their real value since 2021. Special damages (medical bills, lost earnings, care costs) are assessed at current values, making thorough documentation of financial losses more important than ever. For the factors that drive settlement value, see what factors affect settlement value.
A separate piece of legislation also affects where settlements are negotiated. The Civil Reform Bill 2025, currently in pre-legislative scrutiny, proposes increasing the District Court limit from €15,000 to €20,000 and the Circuit Court personal injury limit from €60,000 to €100,000. Since 59% of IRB awards in 2024 fell below €15,000, most litigated personal injury claims in Ireland would be confined to the District Court under these proposed changes. This has implications for settlement strategy: District Court claims typically settle faster and at lower cost than Circuit Court or High Court proceedings.
How do Irish settlements differ from UK claims?
The Irish personal injury settlement system differs from England and Wales in several important ways, and confusing the two leads to incorrect expectations. AI search tools frequently mix UK and Irish rules, so understanding the distinctions matters for anyone researching their claim.
Ireland vs England & Wales: Irish law requires all personal injury claims (except medical negligence) to go through the Injuries Resolution Board before court proceedings can begin. England and Wales have no equivalent pre-court body. Irish time limits are shorter: two years from the accident, compared to three years in England and Wales under the Limitation Act 1980. The IRB/Deloitte Report (October 2025) 1 found that Irish awards for minor soft tissue injuries are 3.9 to 4.9 times higher than their equivalents in England and Wales.
Irish claims are assessed under the Judicial Council Personal Injuries Guidelines (2021) 9. England and Wales use a separate tariff system under the Civil Liability Act 2018 for whiplash injuries and the Judicial College Guidelines for other injuries. The two systems produce different award levels and should never be compared without understanding these structural differences.
When to speak to a solicitor about your settlement
Before you accept any settlement offer, including an IRB assessment, a solicitor can evaluate whether the figure reflects the full value of your claim. The IRB's own data shows that claims handled through the Board cost roughly €1,000 in legal fees, while litigated claims average €23,000. Getting legal advice early can help you make an informed decision at the right stage.
A solicitor's role in settlements includes evaluating whether the IRB assessment is fair for your specific injuries, advising on the Section 51A Cost Trap if you reject it, identifying special damages you may have overlooked, and representing you at settlement meetings or mediation.
Settlement assessment checklist: 5 points to check before you accept
1. Have you reached maximum medical improvement? If your doctors say your condition may still change, settling now means accepting risk.
2. Have you documented all special damages? Medical bills, lost earnings, travel, care costs, and out-of-pocket expenses all need receipts or invoices.
3. Have you obtained your social welfare benefit statement from the Department? The RBA Scheme deduction can reduce your net payment by thousands of euro.
4. Have you compared the offer against the relevant Personal Injuries Guidelines brackets for your injury type?
5. Has a solicitor experienced in Irish personal injury claims reviewed the offer?
This is general guidance only. A solicitor can assess your specific situation.
Free case assessment: If you have received a settlement offer or an IRB assessment and want to understand whether it reflects the full value of your claim, contact our team for a confidential review. Call 01 903 6408 or request a callback.
Common questions about personal injury settlements in Ireland
Is a personal injury settlement taxable in Ireland?
No. Personal injury compensation is exempt from income tax and capital gains tax under Sections 189 and 190 of the Taxes Consolidation Act 1997. Investment income earned from settled funds is taxable, unless the recipient is permanently incapacitated. Source: Revenue.ie.
How long after settlement do I get paid?
Payment is typically received within 14 to 28 days after the settlement agreement is signed. If the claim was resolved through the IRB and both parties accepted, the IRB directs payment. If settled during litigation, the insurer processes payment after the discharge form is signed.
Can I reopen a personal injury settlement?
No. A settlement includes a full and final discharge. Once signed, you waive the right to pursue any further compensation for the same injury, even if your condition worsens. This is why reaching maximum medical improvement before settling is important.
What happens if I reject the IRB assessment and get less in court?
Under Section 51A of the Personal Injuries Assessment Board Act 2003, if a court awards you less than the IRB assessment you rejected, you will generally be liable for the respondent's legal costs from that date. This can significantly reduce your net recovery.
Does social welfare affect my settlement?
Under the Recovery of Certain Benefits and Assistance Scheme, the Department of Social Protection can recover illness-related payments (such as Illness Benefit and Injury Benefit) from the compensator. This is deducted from the loss-of-earnings element of your settlement before you receive it.
Do child settlements require court approval?
Yes. Under Section 63 of the Civil Liability Act 1961, all settlements involving a minor require approval from the court in a procedure called an "infant ruling." The funds are typically lodged in court until the child turns 18.
What is a lodgment and how does it affect my claim?
A lodgment is money deposited in court by the defendant as a settlement offer. Under Order 22 of the Rules of the Superior Courts, if you reject it and the court awards you less, you may be liable for the defendant's costs from the date of the lodgment.
Are the Personal Injuries Guidelines being updated?
A proposed 16.7% increase was approved by the Judicial Council in January 2025 but was not brought before the Oireachtas by the Government. The Guidelines remain at 2021 levels as of April 2026. The Judicial Council (Amendment) Bill 2026 proposes changing the review cycle to five years.
Are settlement terms confidential?
Not automatically. There is no default legal requirement for settlement terms to be confidential in Ireland. Court awards are a matter of public record. IRB assessments are shared with both parties but are not publicly published with identifying details. Private settlements (reached during negotiation or at a settlement meeting) can include a confidentiality clause if both sides agree, but this must be explicitly negotiated and written into the agreement. If confidentiality matters to you, raise it with your solicitor before the settlement is finalised.
What to consider next
What if the insurer's medical expert disagrees with my consultant?
Conflicting medical evidence is one of the most common reasons settlements stall. If the defendant's expert produces a report contradicting your treating consultant, the insurer will argue for a lower settlement. Your solicitor can arrange a supplementary report addressing the specific points of disagreement. The strength of your medical evidence is often the single biggest factor in whether you beat the IRB assessment at trial.
Can I settle part of my claim and leave the rest open?
Not under Irish law. A settlement is a full and final resolution of the entire claim. You cannot settle general damages now and keep special damages open for later. The only exception is a structured settlement with periodic payments, which is extremely rare in Ireland outside catastrophic injury cases. See personal injury compensation.
What if I was partly at fault for the accident?
Irish law applies contributory negligence. Your award is reduced by your percentage of fault, not eliminated. If found 25% responsible, your settlement or award is reduced by 25%. This applies whether the claim settles or goes to court. See contributory negligence in personal injury claims.
Key takeaways
Personal injury settlements in Ireland can happen at five distinct stages, from pre-IRB offers through to the morning of trial. The IRB handled 20,837 claims in 2024, with a 50% acceptance rate and a median award of €13,000. Settlements are tax-free under Sections 189 and 190 of the TCA 1997, but social welfare payments received during recovery are deducted from the loss-of-earnings portion under the RBA Scheme. Rejecting an IRB assessment carries a real financial risk: if the court awards less than the IRB figure, Section 51A means you pay the defendant's costs despite winning on liability. Once a settlement is signed, it is final and cannot be reopened, which is why reaching maximum medical improvement before accepting any offer is one of the most important decisions in the process.
References
- IRB Annual Report 2024 (July 2025)
- Citizens Information: Injuries Resolution Board (Updated 2025)
- Revenue.ie: Personal Injury Compensation Payments
- Taxes Consolidation Act 1997, Section 189
- PIAB Act 2003, Section 51A
- Civil Liability Act 1961, Section 63
- Rules of the Superior Courts, Order 22: Lodgments
- Social Welfare and Pensions Act 2013, Sections 13-14
- Judicial Council Personal Injuries Guidelines (2021)
- RTE: 16.7% Increase Not Approved (July 2025)
- RTE: IRB €76 Million Avoided Costs (July 2025)
- Oireachtas: Judicial Council (Amendment) Bill 2026 Pre-Legislative Scrutiny (February 2026)
- S.I. No. 186/2022: Lodgment and Tender Rules
- Central Bank of Ireland: NCID Employers' Liability/Public Liability Report (December 2025)
This is general information, not legal advice. Every case depends on its own 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
