Making a Personal Injury* Claim
If you have been injured in an accident due to someone else’s negligence, you may be entitled to make a personal injury claim. This legal process allows you to seek compensation for your injuries, medical expenses, lost earnings, and other related costs.
With 35 years of experience, Maguire McClafferty LLP Solicitors has been providing expert legal representation for personal injury claims and medical negligence cases across Ireland since 1990. We have successfully handled thousands of cases, helping injured clients secure fair compensation for accidents at work, road traffic accidents, public liability claims, and more.
What are the types of Personal Injury * Claims?
There are different types of personal injury claims, including road traffic accidents, workplace injuries, public liability incidents.
Road Traffic Accidents
Road traffic accident claims arise when a person is injured in a road-related incident due to the negligence of another road user. Whether you are a driver, passenger, pedestrian, cyclist, or motorcyclist, you may be entitled to seek compensation for your injuries and related losses.
Some common types of road traffic accident claims in Ireland include:
- Car accidents
- Rear-end collisions
- Side-impact accidents
- Accidents caused by poorly maintained roads
Accidents at Work
Workplace accidents, also known as employer liability claims, occur when an employee is injured due to the negligence of their employer or co-workers. Under Irish law, employers have a duty to maintain a safe working environment, provide proper training, and ensure employees have the necessary protective equipment. If an accident occurs due to a breach of health and safety regulations, the injured worker may be entitled to seek compensation.
Common workplace accident claims in Ireland include:
- Construction site accidents
- Injuries caused by dangerous machinery
- Forklift-related injuries
- Health and safety breaches
- Repetitive strain injuries
- Injuries sustained at work
- Manual handling injuries
- Warehouse accidents
Public Place Accidents
Public place accidents, also known as public liability claims, occur when an individual is injured in a public space due to the negligence of those responsible for maintaining a safe environment. In Ireland, property owners, businesses, and local authorities have a legal duty to ensure that public areas are hazard-free
Common public liability claims in Ireland include:
• Supermarket accidents
• Car park accidents
• Injuries caused by hazardous footpaths, public parks, or poorly maintained public spaces .
• Slips, trips, and falls in public places
• Hotel accidents
• Restaurant accidents
• Food poisoning from a restaurant
• Injuries caused by spillages or other hazards
FAQs
What are the Time Limits for Making a Personal Injury * Claim in Ireland?
Under the Statute of Limitations, there are strict time limits for filing a personal injury claim in Ireland. In most cases, an injured person has two years less one day from the date of knowledge of their injury to initiate a claim.
What is the Date of Knowledge?
The date of knowledge refers to the point at which the injured person becomes aware of the following:
• That they have sustained an injury.
• That the injury was caused by negligence, nuisance, or a breach of duty by another party.
• The identity of the party responsible for the accident.
In many cases, the date of knowledge is the day the accident occurs, particularly when injuries are immediately apparent. However, some injuries or illnesses may develop over time, and in such cases, the date of knowledge is the day the person becomes aware of their condition.
It is advisable to seek legal advice as early as possible to ensure compliance with these time limits.
How Does a Child’s Claim Work?
Personal injury claims involving children (minors under the age of 18) are treated differently from those involving adults. A child cannot bring a claim forward themselves until they reach the age of 18. The two-year time limit does not begin until their 18th birthday. This means they have until the day before their 20th birthday to bring a claim forward. Alternatively, a parent or legal guardian can file a claim on behalf of the child before they turn 18. This is known as the ‘Next Friend’ Rule.
If a parent or guardian acts as the child’s ‘Next Friend’, the claim process follows the same steps as a standard personal injury claim, typically beginning with an assessment by the Personal Injuries Resolution Board (PIRB).
All settlement offers made in a Child’s claim must be approved by the Court. Once a claim is successfully settled, the compensation awarded is not immediately given to the child. Instead, the settlement is held in court until the child turns 18. This ensures that the funds are safeguarded and available when they reach adulthood.
How Are Personal Injury* Claims Calculated in Ireland?
The Judicial Council’s Personal Injury Guidelines provide a framework for determining compensation amounts based on the type and severity of injuries sustained.
All claims must be supported by medical evidence, which helps determine the extent of the injury and its impact on the claimant’s life. The impact of an injury varies from person to person, meaning the compensation you may receive will be specific to your situation. Our experienced personal injury solicitors will carefully assess your claim based on your particular circumstances.
Contact us Today to Discuss your case
For Expert legal advice contact our Personal Injury team on: +353 (01) 49 100 10
Or via the contact form below.