For over 20 years Sherwin O’ Riordan LLP has successfully acted in a high volume of personal injury claims for people right across Ireland. We believe in putting our client first and are committed to achieving the best possible results. Our expert team will carefully assess and guide you through the claims process, focusing on your immediate needs and the need for future support. We find clients have a number of common question when it comes to bringing a personal injury claim. Below you will a selection of the most commonly asked questions:
A personal injury claim arises when an individual suffers an injury through the negligence of another party and that individual wants to take legal action and seek compensation for their injury and related loss, such as loss of earnings and medical expenses.
Legally, negligence is the failure to practice a reasonable duty of care to avoid causing injuries or damage to somebody else. The fact of the accident occurring must have been reasonably foreseeable.
Your personal injury claim may be the result of:
An accident in work
Accident in a public place
One of our specialist solicitors will perform a detailed appraisal of the circumstances of the injury, make further investigations as to who may have been at fault and begin the process on your behalf.
Anybody who has suffered an injury due to the negligence of another party can bring a claim as long as it can be shown that the negligence caused the injury/ losses. If you are unsure of how to start, a personal injury solicitor is best placed to advise you. The personal injury claims process can be daunting and every case is unique, but our solicitors will guide you through it and keep you informed every step of the way.
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 injuries board is a panel set up by the Irish government in 2004 to assess compensation in personal injuries cases. All personal injury cases must be referred to the injuries board. This statutory body was set up to offer a cost effective means of dealing with the majority of personal injury cases and it routinely decides liability on a wide range of injuries.
Your cases may settle at the injuries board stage if you are happy with the assessment. We will prepare and submit your application to the injuries board and will guide you through all stages.
Each case depends on the individual circumstances. Unfortunately there is no fixed time limit on how long a Personal Injury claim takes. Upon receiving your initial instructions we will immediately request your medical report from your treating doctor and send out all necessary correspondence. We will guide you throughout the process and will ensure you get your and proper entitlements in a timely fashion. You will be kept informed at every stage of the process and you will be made aware of the consequences of any correspondence that we receive from the other side.
You’re required to obtain a medical report from your treating doctor. This will outline the injuries you have suffered and your current condition, and provide a prognosis for your recovery. Sherwin O’Riordan will manage this aspect of your case.
We will make an application to PIAB on your behalf. You become known as the claimant. A medical report must be submitted along with documentation outlining all relevant details. You must identify and the name the party or parties who you believe caused your accident. Those parties are known as the respondent(s).
PIAB will confirm receipt of your application and they will notify the respondent. The respondent will either agree or refuse to have the accident assessed. If the respondent agrees to the assessment, PIAB will propose an amount of compensation that the respondent must pay to settle your claim. Neither party is under an obligation to accept this amount.
If the amount is accepted by both parties, the respondent issues a settlement cheque and the matter is closed.
If either party reject the amount, we will initiate proceedings on your behalf. You become the plaintiff in the legal case and the respondent becomes the defendant. Depending on the expected value of your claim the case may be heard in the District, Circuit or High Court.
We help clients throughout Ireland with the personal injury claims process. Our expert solicitors will ensure you get the compensation you’re due, allowing you to move on with your life without delay.
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