Personal Injury & Medical Negligence

There is only one thing to remember about Personal Injury and that is that you have two years from the date of the accident to make a claim. This is the case whether or not the injury is sustained in a road traffic accident, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) or medical negligence arising from a procedure or care given in a hospital or medical practice.
Personal injury is a legal term for an injury to the body, mind or emotions. It usually arises as a result of the negligence of another and therefore is a type of tort lawsuit. When an act of negligence happens you may have a claim. Whether you have or not depends on proving the act of negligence and the loss that flows from it.
To make a claim you must firstly lodge a Form A with the Injuries Board together with a Medical Report and €45.00 processing fee. The Injuries Board will then write to the person(s) you say are responsible for the accident (the Respondent) and ask them if they will consent to the claim being assessed by the Injuries Board. Often the person responsible for your accident will be represented by an insurance company. They may or may not agree to the claim being assessed by the Injuries Board.
If all parties have agreed to the Injuries Board assessing the claim they may arrange an independent medical examination to verify your injuries. The Injuries Board may assess your claim and suggest an amount of compensation. It is then up to you the claimant to accept, or not, the award. If you do accept then the Respondent is given the option of also accepting or rejecting the award. If either party rejects the award then an Authorisation to proceed to court is issued by the Injuries Board. If both parties accept the award then the Respondent will issue a settlement cheque to you, the claimant.

 

From the 3rd of February 2014 the following new monetary limits apply to the Courts:

  • If you bring a case in the District Court the maximum award you can receive is €15,000.00.
  • If you bring a case in the Circuit Court the maximum award you can receive (other than for personal injuries cases) is €75,000.00.
  • If you bring a personal injuries case in the Circuit Court the maximum award you can receive is €60,000.00.
  • If your case does not fall under one of the categories above then you will be bringing your case in the High Court for an award over €60,000 for a personal injuries claim and €75,000 for all other civil cases.

 

If you believe you may have a claim in this area please contact us with the appropriate details and we can then discuss matters with you. We are able to advise you fully as to prospects of success and how to fund a case.