Personal Injury FAQ - To speak with one of our personal injury solicitors today call 01 663 2000

A personal injury claim starts when you suffer an injury due to another party’s negligence and decide to take legal action to seek compensation for your injury and related losses, like lost earnings and medical expenses.

Negligence, in legal terms, means failing to exercise a reasonable duty of care to prevent harm or damage to others. The accident must have been something that could have been reasonably foreseen.

Your personal injury claim may be the result of:

An accident in work

Car accident

Accident in a public place

Motorcycle Accident

One of our specialist solicitors will conduct a detailed appraisal of your injury circumstances, investigate who might be at fault, and initiate the process on your behalf.

If another party’s negligence caused you to suffer an injury, you can bring a claim by showing that their negligence led to your injury or losses. If you’re unsure how to start, a personal injury solicitor can provide the best guidance.

Although the personal injury claims process can seem daunting and each case is unique, our solicitors will guide you through it and keep you informed at every step.

By law an injured person must submit a claim to the injuries board with in two years of the accident date in some more complex cases such as medical negligence the two year time limit might be extended in certain circumstances. Its importance to start the process as soon as possible after the accident.

The Irish government established the Injuries Board in 2004 to assess compensation in personal injury cases. Therefore, you must refer all personal injury cases to the Injuries Board.

Furthermore, this statutory body offers a cost-effective way to handle the majority of personal injury cases and routinely decides liability on various injuries.

Consequently, your case may settle at the Injuries Board stage if you are satisfied with the assessment. Additionally, we prepare and submit your application to the Injuries Board and guide you through all stages.

How long the process takes is one of the most concerning topics when it comes to personal injury cases. Indeed, each case depends on the individual circumstances.

No Fixed Time Limit;

Unfortunately, there is no fixed time limit on how long a personal injury claim takes. Upon receiving your initial instructions, your solicitor will immediately request your medical report from your treating doctor. Once received, your solicitor will then send out all necessary correspondence.

Moreover, your solicitor will guide you throughout the process. You will be informed at every stage of the process and, importantly, made aware of the consequences of any correspondence that your solicitor receives from the other side.

Step 1 – Medical Report

You need to obtain a medical report from your treating doctor. This report outlines the injuries you have suffered, your current condition, and provides a prognosis for your recovery. Your solicitor manages this aspect of your case.

Step 2 – Personal Injuries Assessment Board

We submit an application to the PIAB on your behalf. You become the claimant, and you must submit a medical report along with documentation detailing all relevant information. You must identify and name the party or parties you believe caused your accident, known as the respondent(s).

Step 3 – Receipt of Application

PIAB confirms receipt of your application and notifies the respondent. The respondent can either agree or refuse to have the accident assessed. If the respondent agrees, PIAB proposes a compensation amount that the respondent must pay to settle your claim. Neither party is obligated to accept this amount.

Step 4 – Settlement Offer

If both parties accept the amount, the respondent issues a settlement cheque, closing the matter.

Step 5 – Outcome

If either party rejects the amount, we initiate proceedings on your behalf. You become the plaintiff in the legal case, and the respondent becomes the defendant. Depending on your claim’s expected value, the case may be heard in the District, Circuit, or High Court.

A personal injury claim covers various types of compensation, tailored to the specifics of your case. Our specialist personal injury solicitors at Sherwin O’Riordan advocate for your rights and ensure you receive comprehensive compensation across several key areas:

1. Medical Expenses: You can claim all past and future medical bills related to your injury. This includes costs for hospital stays, doctor visits, surgeries, and rehabilitation.
2. Lost Wages: If your injury prevents you from working, you can claim compensation for the income you lose during recovery. This also includes future earnings if the injury affects your long-term earning potential.
3. Pain and Suffering: We ensure you receive compensation for the physical pain and emotional distress caused by your injury. Quantifying this aspect is challenging, but it remains a crucial part of your claim.
4. Property Damage: If the incident damages your property, such as your car in a traffic accident, you can claim the costs for repair or replacement.
5. Loss of Enjoyment: If your injury impacts your ability to enjoy daily activities or hobbies, we help you receive compensation for this loss.
6. Punitive Damages: In cases of reckless or negligent behaviour by the responsible party, we pursue punitive damages to punish the wrongdoer and deter future misconduct.

Contact Sherwin O’Riordan today to ensure your personal injury claim covers all applicable compensation areas effectively.

When it comes to personal injury claims, a common concern is whether the compensation received is subject to taxation. Understanding the tax implications can be crucial for claimants looking to maximize their settlement.

Compensation Types and Tax Implications

1. General Damages: These include compensation for pain and suffering, and are generally non-taxable. This means that if you receive a settlement for physical injuries, you typically won’t owe income tax on this amount.
2. Special Damages: These cover specific financial losses such as medical expenses or loss of earnings. While reimbursement for medical expenses is not taxable, compensation for lost wages may be subject to tax, as it replaces income that would have been taxed.
3. Interest on Compensation: Any interest awarded on your compensation sum might be taxable, as it is considered a form of income.

Legal Advice is Key

It’s advisable to consult with a tax professional or a solicitor to understand the specifics of your case. At Sherwin O’Riordan Solicitors, our experienced team is ready to assist you with all aspects of your personal injury claim, ensuring you understand your rights and obligations.

For a more detailed discussion tailored to your situation, feel free to reach out to us today.