If you have been injured and believe that another party is at fault, you may be able to make a claim for compensation under personal injury legislation. In Ireland, you will make your claim through the Injuries Board in the first instance, and you should do this after you have sought legal and medical advice. Failing to do this can lead to a settlement in which you receive far less compensation than you are entitled to, so it is in your interests to ensure that you are well advised before you begin the process.
In Order To Make A Personal Injury Claim, You Should:
• Claim within two years. All claims for personal injuries must be made within two years of the date of the injury you have suffered, or within two years of the date at which you became aware that your injuries were the fault of another party. You can apply for compensation via The Injuries Board initially, and then via the courts if this does not have a satisfactory outcome.
• Make an Injuries Board Application. You are advised to make your application to The Injuries Board as soon as possible, and to ensure that you have all the relevant documentation to do this. You will need a medical assessment form and records of any relevant communications, including receipts to verify any financial losses as a result of your injury, and any correspondence with the party you believe to be at fault. You will also need to pay the application fee at this stage.
• Undergo assessment. As soon as possible following your injury, we advise that you write to the party you believe to be at fault, setting out all the details of your accident or injury and your intention to make a compensation claim. The Injuries Board will contact this party again and they will have 90 days in which to consent or decline to comply with the agency process, at which stage you can commence court proceedings if they decline. If they consent, you will have your claim assessed, usually within 9 months, although this is occasionally extended to 15 months. Medical evidence will be considered, and further reports may be requested.
• Receive offer. The compensation award you are offered should take into account the losses you have suffered as a result of your injury as well as any medical or rehabilitation costs, and other expenses. You have 28 days to consider the award, and if you do not reply within this time you will be assumed to have rejected the award. The other party has 21 days to consider the award, and will be seen to have accepted it if they do not reply.
• Take next steps. If you accept the award, and the other party also accepts, your claim will be considered to be settled, and an order to pay will be issued to the party at fault. This is legally binding and will incur court proceedings if it is not paid in full. If you decide to reject the award, or the other party does so, you can begin court proceedings immediately and should consult an experienced solicitor about this.
Find Personal Injury Solicitors in Cork
If you have suffered an injury that was not your fault, you can talk to our personal injury specialists at Irwin, Kilcullen & Co Solicitors. Simply contact us online or call us today on +021 4270934 to see how we can help.