The Statute of Limitations in Ireland imposes a strict time limit for an injured person must commence their personal injury claim. If you do not start your proceedings within these very rigid time limits your claim will be disbarred, no matter how seriously you have been injured. For this reason, you really need to take steps without delay if you have been injured through someone else’s fault in starting the process.
In terms of the personal injury claim there is no fixed time limit on how long a Personal Injury claim takes. However, you can take all necessary steps to ensure your personal injury claim is progressed as quickly as possible. There are various documents that you need to complete or have completed for you in order to start your personal injury claim with PIAB. All personal injury claims in Ireland have to be submitted to the PIAB, also known as the Injuries Board.
PIAB can take up to nine to fifteen months to assess your claim. If you decide to reject the PIAB assessment, they will then issue you with an Authorisation. If this happens or the assessment is either rejected by you or the Insurance company then you will need a personal injury solicitor to then prepare your case for Court by drafting all necessary pleadings, instructing experts while at all times continuing to negotiate settlements on your behalf.
You have got to understand that most people who have been seriously injured do not make an appointment to see their personal injury solicitor the day after the accident happened. It can often take them several weeks if not months to have recovered sufficiently to the point where they feel strong and well enough to even consider taking legal advice on whether or not they have a personal injury claim. This delay is normal and is something you should not worry about.
You have also to be aware that your personal injury solicitor may not be in a position to submit your claim to the PIAB the exact minute that you contact them.
When you add up all of these time periods, including the period of time spent recovering from the accident plus the period of time before you first instruct a personal injury solicitor, plus the period of time spent by your personal injury solicitor both investigating who is at fault and preparing your submission to the PIAB, you will find that two years from the date of the accident can disappear into thin air and that you can suffer a great injustice if you simply do not go about the process of finding out whether or not you have a stateable case.
Many personal injury claims will settle relatively quickly. It often depends on the nature of the injury. Sometimes a medical report might state that it would take you a year or two to fully recover in which case it would be foolish for you to settle your personal injury claim too early.
It is absolutely essential that the full extent of the injury and the future prognosis are known before settling any personal injury claim.