Defence Forces Accident Claims*

Personal Injury Solicitors

Sherwin O’Riordan Solicitors recognize the unique challenges that members of the Defence Forces face. If you have suffered an injury or illness due to an accident during your service, you may be entitled to compensation. Our experienced team will guide you through every step of the claims process.

Can I Make a Claim* from the Defence Forces?

Yes, members of the Defence Forces can make a claim for injuries or illnesses they sustain during their service, including both serving and former members. The primary avenue for such claims in Ireland involves the Military Pensions Acts and the Civil Liability Acts. Historically, the “military covenant” or “combat immunity” doctrine limited claims against the state for injuries sustained during military service. However, this has evolved, and members now have greater recourse.

What to do if I have suffered a Defence Forces Accident

If you experience an accident while serving in the Defence Forces, take the following steps:

1. Seek Immediate Medical Attention: Your health is paramount. Ensure you receive a thorough medical examination and follow all medical advice. Document all injuries and treatments.
2. Report the Accident: Report the accident to your commanding officer or relevant superior as soon as possible. Ensure that an official accident report is completed and obtain a copy. This report serves as vital evidence.
3. Gather Evidence:
   • Witness Details: Collect names and contact information of any witnesses.
   • Photographs/Videos: If safe and permissible, take photos or videos of the accident scene, your injuries, and any defective equipment.
   • Documentation: Keep all medical records, reports, correspondence, and any other relevant documents.
4. Keep a Detailed Record: Maintain a diary of your symptoms, medical appointments, time off work, and any expenses incurred due to the accident.
5. Do Not Admit Fault: Avoid making any statements that could be interpreted as admitting fault for the accident.
6. Contact a Solicitor: We highly recommend that you contact a solicitor specializing in Defence Forces accident claims as soon as possible. They can advise you on your rights, assess the viability of your claim, and guide you through the complex legal process.

Common Types of Accident Claims*

Defence Forces personnel can suffer a wide range of injuries and illnesses due to their service. Common types of accident claims include:

• Training Accidents: Injuries sustained during drills, exercises, or specialized training, often due to faulty equipment, inadequate supervision, or unsafe procedures.
• Equipment Failure: Accidents caused by defective vehicles, weapons, machinery, or personal protective equipment.
• Road Traffic Accidents: Injuries sustained in military vehicles or while on duty.
• Slips, Trips, and Falls: Accidents occurring in barracks, on military bases, or during operations due to unsafe conditions.
• Manual Handling Injuries: Back injuries, sprains, and strains from lifting heavy equipment or objects without proper training or assistance.
• Hearing Loss/Tinnitus: Often caused by exposure to loud noises from weapons, machinery, or explosions without adequate hearing protection.
• Exposure to Hazardous Substances: Illnesses resulting from exposure to chemicals, asbestos, or other dangerous materials.
• Psychological Injuries: Post-Traumatic Stress Disorder (PTSD), anxiety, and depression resulting from traumatic events during service.

Claims* Process

The claims process for Defence Forces accidents can be intricate. Here’s a general overview:

• Seek Legal Advice:
  • Consult a personal injury solicitor at Sherwin O’ Riordan promptly after an accident.
  • Be aware of the two-year Statute of Limitations from the date of knowledge of the injury.
  • Our solicitors help gather evidence and prove negligence.
• Notify Respondent & Apply to Injuries Resolution Board (IRB):
  • We will formally notify the responsible party and their insurers of your intention to claim.
  • Most claims (excluding medical negligence) must first go to the Injuries Resolution Board.
  • Your solicitor will submit an application with details, medical reports, and respondent information.
• Assessment of Damages: We will work with medical and financial experts to quantify the full extent of your losses, including past and future medical expenses, loss of earnings, care costs, pain and suffering, and impact on quality of life.
• IRB Assessment:
  • The respondent has 90 days to agree to the IRB assessing the claim.
  • If the respondent agrees, the IRB assesses the claim, typically within nine months, using the Judicial Council’s Personal Injury Guidelines.

• Compensation Award or Rejection:
  • Both parties receive a Notice of Assessment.
  • The claimant has 28 days, and the respondent 21 days, to accept or reject the award.
  • If both accept, an Order to Pay is issued.

• Proceeding to Court:
  • If either party rejects the assessment, or if the respondent initially refused IRB assessment, the IRB issues an Authorisation.
  • This Authorisation allows the claimant to pursue legal proceedings in court.
  • Most cases settle before trial, but if not, a judge makes the final decision.

Statute of Limitations

It is crucial to be aware of the statute of limitations, which sets a time limit for bringing a claim. In Ireland, for most personal injury claims, the general rule is that proceedings must be initiated within two years from the date of the accident or the date of knowledge of the injury. However, there can be exceptions, particularly in cases involving minors or individuals with a disability. It is imperative to seek legal advice promptly to ensure your claim is not time-barred.  

How Sherwin O’Riordan LLP Can Help with your Defence Forces Injury Claim*

Speak with a Solicitor Today – Call 01 663 2000

Contact us today through our online contact form.

Our Expertise in Personal Injury Law

Our personal injury solicitors specialize in cases involving Defence Forces accident injuries. We understand the profound impact these injuries can have on individuals and their families. Therefore, we can assist you by:

Guiding You Through the Legal Process

First, we will guide you through the legal process. From gathering evidence to filing your claim, we will be with you every step of the way.

Ensuring Proper Documentation

Moreover, we emphasize the importance of proper documentation. Medical assessments play a crucial role in thoroughly documenting your injuries.

Negotiating for Fair Compensation

Additionally, we focus on negotiating for fair compensation. Our goal is to secure the best possible outcome for you, allowing you to concentrate on your recovery.

Contact Us for Assistance

If you have suffered an injury due to someone else’s negligence, contact us today for a confidential consultation. We are here to help you navigate the legal complexities and ensure your story is heard.  

Sherwin O’ Riordan Solicitors, with their expertise in personal injury and medical negligence law, have experienced Solicitors to Defence Forces accident claims, providing essential support and legal representation to those affected by negligence.

With Sherwin O’ Riordan, you’re never just a case number, you’re a person with a story, and we’re here to make sure it’s heard.  

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.