What Steps Should I Take When Making a Personal Injuries Claim?

Making a personal injuries claim in Dublin requires immediate medical attention, formal incident reporting, and prompt legal consultation. Injured people often feel confused and overwhelmed after accidents. They worry about medical bills, lost wages, and legal deadlines. Taking the right steps early protects your health and strengthens your compensation case.

Personal injury solicitors in Dublin guide victims through complex legal processes every day. We understand the Injuries Board submission rules and court requirements. Our team knows how to build strong claims that recover fair compensation.

This guide explains each critical step in the claims process. You will learn about medical documentation, evidence collection, and legal representation options. These insights help you avoid costly mistakes and maximize your settlement.

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Get Medical Attention and Report the Accident in Dublin

Seeking Prompt Medical Treatment for Injuries

Immediate medical care protects your health and documents your injuries for legal purposes. Doctors create official records that prove the severity of your condition. Delayed treatment allows insurance companies to question your injury claims. Emergency rooms, urgent care centers, and general practitioners all provide necessary documentation.

Creating an Official Medical Record for Your Injury Claim

Medical records serve as primary evidence in personal injury compensation cases. These documents detail your diagnosis, treatment plan, and recovery timeline. Hospitals and clinics generate reports that link your injuries directly to the accident. Consistent medical visits demonstrate the ongoing impact of your condition.

Reporting the Incident to Authorities or Employers

Official incident reports establish when and how your accident occurred. Police reports document road traffic accidents with witness statements and accident details. Workplace injuries require immediate notification to employers under safety regulations. Property owners must receive written notice of slip and fall incidents. These reports create verifiable records that support your claim.

Understand the Time Limit to File a Personal Injury Claim in Ireland

The Two-Year Statute of Limitations Explained

Irish law requires personal injury claims within two years from the accident date. This strict deadline applies to most injury cases in Dublin and nationwide. Missing this timeframe permanently bars you from seeking compensation. Courts rarely grant exceptions to this rule.

How the Date of Knowledge Rule Affects Your Claim Timeline

The two-year period sometimes starts when you discover the injury rather than accident date. Certain conditions develop gradually over months or years. Medical negligence cases often involve delayed symptom recognition. The date of knowledge rule protects victims who could not immediately identify their injuries.

Identify the Liable Party for Your Injury

Determining the Responsible Individual or Organisation for PIAB or Court

Successful claims require clear identification of the party who caused your injuries. Employers bear responsibility for workplace accidents under safety legislation. Drivers and their insurers answer for road traffic collisions. Property owners face liability for dangerous premises conditions. Fault identification establishes who must pay compensation.

Consult a Qualified Personal Injury Solicitor in Dublin

Getting Legal Advice to Protect Your Rights

An initial consultation with a personal injury solicitor protects your legal interests immediately. Solicitors explain your rights, assess claim strength, and outline the process. We handle insurance company communications and prevent harmful admissions. Early legal representation significantly improves settlement outcomes.

Collecting Key Evidence and Required Documentation

Solicitors gather critical evidence including photos, witness information, and injury documentation. CCTV footage captures accident circumstances before deletion. Witness statements provide independent verification of events. Expenses receipts prove financial losses from medical care and lost wages.

Submit a Letter of Claim Within Legal Timeframes

Drafting a Formal Notification and Sending It Within One Month

Your solicitor sends a formal letter of claim within one month of the incident. This notification informs the responsible party of your injury and intent to seek compensation. The letter includes accident details, injury descriptions, and preliminary loss calculations. Prompt notification preserves evidence and demonstrates claim seriousness.

Collect Evidence to Support Your Claim

Getting a Medical Report Detailing the Injury

A comprehensive medical assessment from an independent expert strengthens your claim significantly. This report details injury severity, treatment requirements, and long-term prognosis. Medical experts link your condition directly to the accident. The Injuries Resolution Board requires this documentation for assessment.

Proving Financial Losses and Ongoing Expenses

Special damages cover measurable financial losses including medical costs and lost income. Keep all receipts for prescriptions, treatments, and travel to appointments. Document wage losses with employer statements and pay stubs. Future expense projections require expert testimony.

Gathering Photographs, Witness Information, and Relevant Documentation

Visual evidence and witness accounts provide powerful claim support. Photograph injuries, accident scenes, and hazardous conditions immediately. Collect witness names and contact information at the scene. Preserve damaged property and clothing as physical evidence.

Keep Detailed Records Throughout Your Claim Process

Logging Medical Appointments and Health Updates

Detailed records demonstrate injury impact and treatment compliance. Note every doctor visit, therapy session, and medication change. Document pain levels and activity limitations daily. These records counter insurance company attempts to minimize injuries.

Recording Out-of-Pocket Expenses and Communication History

Track every expense related to your injury for full compensation recovery. Save receipts for parking, transportation, and medical supplies. Record all communications with insurers and the respondent. This documentation prevents disputes over claim amounts.

Submit an Application to the Injuries Resolution Board (PIAB)

Completing Form A and Form B With Supporting Documentation

The application form (Form A) initiates the Injuries Board submission process officially. Form A includes claimant details, accident circumstances, and injury descriptions. Form B provides respondent notification of the claim. Both forms require accurate completion with supporting medical evidence. In 2024, the Injuries Resolution Board received 20,837 claim applications, representing a 3% increase from 2023.

Paying the Application Fee Required by PIAB

Applicants must pay the required fee when submitting their PIAB application. This fee covers administrative costs and assessment services. Fee waivers exist for medical card holders and certain circumstances.

What Happens if the Respondent Agrees to Assessment

The consent to assessment rate reached 70% in 2024 according to IRB data. When respondents consent, the Board proceeds with claim evaluation. The assessment period typically lasts approximately nine months. Both parties receive the award decision simultaneously.

Determine if Your Case Qualifies for PIAB Assessment

When PIAB Cannot Assess Claims Like Medical Negligence

Medical negligence claims bypass PIAB and proceed directly to court proceedings. Complex liability disputes also fall outside Board jurisdiction. Fatal injury claims require different legal processes. Your solicitor determines the appropriate claim route.

What to Expect During PIAB Assessment or Court Action

PIAB Assessment Process When Respondent Consents

The Board evaluates medical evidence and applies Judicial Guidelines to determine compensation amounts. Independent medical exams may verify injury severity. The median award in 2024 was €13,100, up 12% from 2023. Total awarded compensation reached €168 million in 2024.

Moving to Court After a Refusal or Non-Response (90-Day Rule)

PIAB issues an Authorisation for legal proceedings if respondents refuse or ignore the claim. The 90-day rule allows assessment when respondents fail to respond. Court action becomes necessary when parties reject the award. Litigation takes longer but may yield higher compensation.

Understanding PIAB Authorisation and Independent Medical Exams

Authorisation permits claimants to pursue court proceedings after PIAB process completion. Independent medical exams verify injury claims objectively. These assessments prevent fraudulent or exaggerated claims.

What You Can Claim in a Personal Injury Compensation Case

General Damages for Pain, Suffering, and Loss of Amenity

General damages compensate for physical pain, emotional distress, and reduced quality of life. Courts use Judicial Guidelines to standardize awards for similar injuries. Severe injuries receive substantially higher compensation than minor ones.

Special Damages Covering Financial and Practical Losses

Special damages reimburse actual financial losses including medical bills and lost earnings. Future care costs and earning capacity reductions also qualify. Detailed documentation maximizes special damages recovery.

Common Personal Injury Claims in Dublin

Road Traffic Accidents and Motor Insurance Claims

Road traffic collisions represent the most common personal injury claims in Dublin. Drivers, passengers, pedestrians, and cyclists all suffer accident injuries. Motor insurance policies typically cover these claims.

Workplace Accidents and Employer Responsibility

Employers must maintain safe working environments under Irish health and safety laws. Workplace accidents include falls, equipment injuries, and repetitive strain conditions. Employer liability insurance covers these claims.

Slip and Fall Injuries in Public Spaces or Private Premises

Property owners face liability for dangerous conditions causing slip and fall accidents. Wet floors, uneven surfaces, and poor lighting create hazards. Both public authorities and private businesses must maintain safe premises.

Personal injury claims require careful attention to medical care, evidence collection, and legal deadlines. The Injuries Resolution Board process offers faster resolution than court litigation. In 2024, IRB saved claimants and respondents an estimated €76 million through efficient claim resolution. The acceptance rate of 50% shows many claims settle without court action.

We are expert personal injury attorneys serving Dublin clients with compassionate, results-focused representation. Gary Matthews Solicitors – Injury Law guides you through every step from claim registration to final Order to Pay. Our team handles the negotiation phase and compensation calculation while you focus on recovery.

Contact Gary Matthews Solicitors – Injury Law today for your free initial consultation. We protect your rights and maximize your compensation. Let us handle the legal complexity while you heal.

 

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Gary Matthews Solicitors

Medical negligence solicitors, Dublin

We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.

Contact us at our Dublin office to get started with your claim today

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