What Is A Personal Injury* Claim?
A personal injury claim is made to seek redress or financial compensation for pain and suffering caused by an injury.
Personal Injury claims cover claims for injuries for physical or psychological injuries. You may have sustained them during accidents at work, in a public place or because of a road traffic accident. Claims also cover injuries you sustained through an assault or through physical or sexual abuse.
There can be two parts to a personal injury claim. Firstly, there is a financial claim seeking redress or compensation for the pain and suffering caused by the injury. This part of the claim is known as general damages, proven by means of a medical report.
A person is also entitled to claim for out of pocket expenses such as medical costs, loss of earnings etc. This part of the compensation is known as special damages, and receipts must be available for all such costs.
Is There A Time Limit For Personal Injury Claims?
In Ireland, you must make a personal injury claims within 2 years of the accident or assault. If you are making your claim through the Personal Injuries Assessment Board (PIAB) you must ensure it’s received within 2 years of the accident or assault. However, an initial letter of claim should be sent much earlier, within weeks of the injury occurring. It is therefore essential that you get legal advice as soon as possible, if you believe you have a claim.
Where a child has sustained an injury, a parent or guardian can make the claim on behalf of the child before they are 18. If no claim has been made the child must themselves make the claim within 2 years of their 18th birthday. However, it can be very difficult to prove such claims with the passage of time.
How Long Does It Take to Settle A Personal Injury Claim?
You may be taking your claim through the Personal Injuries Assessment Board. If so, then your claim will be assessed an average of 7 months after the respondent consents. The respondent is the person or body you are claiming against.
Personal injury claims made by taking litigation through the courts system can take up to 3 years.
If you want to talk to us about a personal injury, please call us on 0404 67540 or email: email@example.com
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.