The first question about personal injury claims in Ireland that many clients want to ask their solicitor after they have been involved in an accident is if they really have a valid injury claim. In addressing this question, we consider a wide range of factors, including the existence of an actual injury, negligence, liability, statute of limitations, and other important issues including the report and opinions of qualified doctors.
If you have suffered an injury through the fault of another person or company:
You may be entitled to compensation. There are strict time limits governing such claims and legal requirements which must be followed if you are to be properly compensated and not have your claim dismissed. The insurance company or lawyer representing the other party will have significant resources to fight your claim. We have years of experience of assessing and processing personal injuries claims and dealing with insurance companies and their representatives and resolving such cases both in and out of court. Contact us to ensure that you receive proper representation.
You’re required to obtain a medical report from your doctor. This report will outline the injuries you have suffered and your current condition, and provide a prognosis for your recovery. We can manage this aspect of your case for you.
An application is made by you or your solicitor to PIAB (See more about PIAB in the section above). You become known as the claimant. A medical report must be submitted along with documentation outlining all relevant details of your accident. You must identify and 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. Where either rejects it, the claimant is entitled to take legal action in an ordinary way. If you would like information on the basis that you are the respondent, please get in touch and we can help you further.
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, proceedings will be initiated by your solicitor. 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. Further medical reports may be obtained by either side and exchange of documents may be agreed or ordered by the court. The case may still be settled at any time by us (your solicitor) and negotiations can sometimes occur close to the hearing of the case in court as per best interests. Mediation may be possible and PIAB recognises that this form of alternative dispute resolution is becoming more common. The High Court can compel the parties to come to a resolution by mediation whether they both consent or not.
If you feel that you need to discuss these steps further or need to proceed with the process, just get in contact with us today and we can help.
If you feel like the above information relates to your legal issue, then get in touch with us today.
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