Personal Injury Claims in Ireland
Personal injury claims in Ireland are often not as straightforward as one would like and conflicting information provided by family and friends can often confuse a victim of personal injury and potentially jeopardise a successful claim.
Understanding the criteria for making injury claims in Ireland and the procedures once a claimant is qualified is of vital importance in order to maximise the value of the claim and to receive a fair and adequate settlement.
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Articles about Personal Injuries
Personal Injury Claims
People who have suffered an injury or loss due to the negligence of a third party are entitled to make “Personal Injury Claims” in Ireland. Before you do so, it can be advantageous to review what comprises a personal injury claim, and the procedures you should follow before speaking with a solicitor.
Do I Have A Personal Injury Claim?
The most important thing to establish before making injury claims in Ireland is that a justified claim exists. A solicitor will look at many angles before answering the question “Do I have a Personal Injury Claim?” – with the main three being injury, negligence and contributory negligence.
What is Contributory Negligence?
Contributory negligence is a term which crops up frequently in injury claims in Ireland. It can relate to a contribution you have made to your injuries by your own lack of care, or when more than one party is responsible for your injuries. Understanding “What is Contributory Negligence?” enables solicitors to calculate the effect it may have on the value of your claim.
Compensation Claims Calculator
The amount of your compensation claim depends on General Damages for the specific type of injury you have sustained and Special Damages for the related losses. Use our “Compensation Claims Calulator” to find out how how much is awarded in General Damages for your type of injury.
Children’s Accident Claims
There are a number of differences in the procedures for making “Children’s Accidents Claims“. Parents and guardians of children who have been injured in an accident due to somebody else’s negligence are advised to speak with a solicitor about these differences prior to making children’s injury claims in Ireland.
How to Make an Effective Injury Claim
The best advice for “How to Make an Effective Injury Claim” is to speak with a solicitor once you have been treated for your injury or sustained a loss. A solicitor will have up to date knowledge on the value of recently settled injury claims in Ireland and will be able to guide you through the process of making an effective injury claim with appropriate speed and to a satisfactory conclusion.
Articles Explaining Personal Injury Procedures
What Questions Will Be Asked?
Both a doctor and a solicitor need to know the physical and emotional trauma you experienced at the time of your injury, the ongoing extent of your injuries and the limitations they have made to your quality of life. Knowing “What Questions Will Be Asked?” in advance can speed up the injury claims in Ireland process.
How is the Value of a Personal Injury Assessed?
Most injury claims in Ireland are assessed on the extent of your injuries, the ongoing level of treatment you require and what other personal costs you have encountered. No two injury claims in Ireland are identical, so it is important that you know the elements of a personal injury claim and “How is the Value of a Personal Injury Assessed?“
Injuries Board Ireland
The “Injuries Board Ireland” has a major influence on assessing the value of injury claims in Ireland. However, more than 90 per cent of people making personal injury claims choose to do so with the assistance of a personal injury claims solicitor rather than rely solely on the Injuries Board Ireland’s assessment.
Do I Have to Go to Court?
Some claimants may be apprehensive about facing the party liable for their injuries in court, but many injury claims in Ireland are resolved without the need for litigation. “Do I Have to Go to Court?” will depend on the circumstances surrounding your claim and any dispute over negligence or the amount of the proposed compensation settlement.
Is it Too Late to Make an Injury Claim?
Restrictions apply to injury claims in Ireland about the length of time you have in which to make a claim. Understanding how the Statute of Limitations works and what exceptions exist to the Civil Liability and Courts Act (2004) will enable you to determine “Is it Too Late to Make an Injury Claim?“
Accidents which result in the death of a loved one are one such example of when you may be able to make a claim beyond the limits set by the Statute of Limitations. However, late injury claims in Ireland for “Fatal Accidents” still have to conform to a certain criteria.
Child Injury Claims
The rules for injury claims in Ireland relating to children are much different from those for adults. If your child has been injured in an accident for which they were not to blame, you need to be aware of the different procedures for making “Child Injury Claims“.
Injuries Board Book of Quantum
You should not rely on the Injuries Board Book of Quantum to determine how much personal injury compensation you may be entitled to in Ireland.
The O’Byrne Letter
An O’Byrne letter is a formal notice to multiple defendants that a personal injury claim is going to be made against them. The O’Byrne letter addresses the issue of liability as between the various defendants.
Medical and Hospital Negligence Articles
Medical Negligence Claims
It is important to know what constitutes a medical negligence claim and how “Medical Negligence Claims” in Ireland are resolved. If you feel you have been injured due to the lack of care of a medical practitioner, speak with a solicitor at the earliest possible opportunity.
Establishing “Medical Malpractice” requires expert opinion to prove that on the balance of probability a medical practitioner acted – or failed to act – in such a way that an injury was caused which could have been avoided. Such is the complexity of medical malpractice injury claims in Ireland that the Injuries Board Ireland declines to assess these cases.
Doctor Negligence Claims
Negligence does not mean that a doctor acted incorrectly – he could have failed to act at all. “Doctor Negligence Claims” are possibly the most complex genre of injury claims in Ireland, and there are many ways in which a doctor can cause an avoidable injury through a breach in his duty of care.
A nurse is a doctor’s eyes and ears both in and out of the hospital, and should a nurse make an avoidable error in the administration of your treatment, you are entitled to claim compensation for “Nursing Negligence“. As with all claims of this nature, the Injuries Board Ireland will decline to assess your case and you should speak with a solicitor as soon as a consequential injury has been diagnosed.
Hospital Injury Claims
“Hospital Injury Claims” can occur for two different reasons. Either you are a visitor or employee at a hospital who has sustained an injury in a hospital due to the negligence of the hospital itself, or you have sustained an injury due to medical malpractice. Whichever category your hospital injury falls into, it is best to speak with a solicitor as soon as you have received treatment for your ailment.
There is a great deal of potential for accidents to happen before or throughout surgery, or during post-operative care. “Medical Accidents” can have serious consequences when not discovered in a timely manner, and even then may be irreparable. Determining whether the circumstances surrounding the accident were avoidable will have a major impact on the success of your compensation claim.
Hospital Negligence Claims
There is little distinction between medical accidents and “Hospital Negligence Claims“, however that distinction is important. Missing medical notes, lapses in communication and medication errors are all avoidable negligence, but who is exactly to blame for that negligence can be complicated.
Medical negligence can take many forms, but the criteria for making claims for “Surgical Errors” are that you have indeed sustained an injury – or an existing injury has been exacerbated – in avoidable circumstance due to the negligence of a medical practitioner.
Any claim for “Cancer Misdiagnosis” has to prove that an “unfavourable outcome” has resulted from the misdiagnosis – whether it is that your condition has deteriorated because of a medical practitioner’s oversight or that you were diagnosed erroneously with cancer and have suffered a loss or injury as a consequence.
Birth Injury Claims
Injury claims in Ireland for a “Birth Injury Claims” can be difficult to establish when a long period of time has elapsed since the accident occurred and symptoms of the injury become apparent. Determining that a birth injury was avoidable at the time it occurred requires medical and legal expertise, and you should speak with a solicitor as soon as your doctor has diagnosed a birth injury.
Brachial Plexus Injury Claims
A “Brachial Plexus Injury Claims” is a common birth injury which frequently heals within the first six to eight weeks of an infant’s life. You are entitled to make injury claims in Ireland for injuries of this nature when they fail to heal, or when those sustained in later life as the result of a severe physical trauma are caused by somebody else’s negligence.
Dental Negligence Claims
Medical negligence is not confined to the surgery and can occur in many different types of medical centre. “Dental Negligence Claims” are just one example of injury claims in Ireland where negligence has occurred when you have placed your trust in an expert in their field.
Hepatitis C Compensation Claims
The Anti-D Immunoglobulin scandals of the late seventies and early nineties lead to a huge number of “Hepatitis C Compensation Claims“, but Hepatitis C can be contracted by other ways as well. Injury claims in Ireland for Hepatitis C compensation can be extremely complicated is there are a number of liable parties.
DePuy ASR Hip Replacement Recall in Ireland
The “DePuy ASR Hip Replacement Recall in Ireland” could possibly develop into a product liability claim against the manufacturers of the faulty ASR system and also the Health Service Executive, for continuing to authorise its use when it was known it was a faulty product and that injury claims in Ireland may follow.
Workplace Injury Articles
Injuries at Work Claims
Many people are reluctant to make “Injuries at Work Claims” for fear it will damage a good relationship or have repercussions in future employment prospects. A solicitor will explain to you how work injury claims in Ireland can be made without causing either outcome.
Farm Accident Claims
One of the most important considerations in “Farm Accident Claims” is your employment status. Even if you were not directly employed by a negligent farmer, you may still be able to make farm injury claims in Ireland depending on the circumstances of the injury.
All injury claims in Ireland should be handled with compassion, but none more so than when they involve a “Farm Death“. There are a number of important procedures which have to be adhered to before the family of the victim can make a compensation claim, and your solicitor will be able to assist with these.
Construction Accident Claims
Accidents on a construction site tend to lead to the most serious “Construction Accident Claims“. You need the best advice when making these types of injury claim in Ireland to ensure you are financially secure for long-term injuries.
“Crane Accidents” occur most frequently at ground level and can be attributed as much to communication and training issues as faulty machinery. Due to the severe nature of injuries caused by the heavy loads transported by cranes, you are advised never to accept an early offer of settlement and speak with a legal expert to ensure you are adequately compensated.
Vibration White Finger
Although not exclusively related to building and construction work, industrial diseases related to “Vibration White Finger” can cause life-long dexterity issues. Where an employer has been negligent and failed to protect you from vibration white finger, you are entitled to make a claim for injury compensation.
Falls at Work
“Falls at Work” can also happen in almost any occupation and affect different parts of the body with varying degrees of severity. The circumstances surrounding falls at work can have a significant impact on compensation settlements, so it is strongly recommended that you speak with a solicitor after receiving medical treatment for your injury.
Work Burn Compensation Claims
Burns in the workplace account for 5% of all fatal injury claims in Ireland where the victim has died as a result of their injury. Even when the injury is not life-threatening, “Work Burn Compensation Claims” have to allow for the possibility of permanent scarring and the psychological issues that may affect a person’s confidence and their ability to integrate socially in the future.
Forklift Accident Claims
Among the most severe injuries are those caused by a forklift. “Forklift Accident Claims” can be contentious if an employer claims that you contributed to your injuries by your own actions in a situation where you have neither been trained adequately nor received appropriate supervision.
Repetitive Strain Injuries
“Repetitive Strain Injuries” (RSI) do not occur overnight and, if you are making an injury claim in Ireland for an RSI injury, it is possible that your claim may be against a former employer or more than one. Injuries which take a long time to develop can also take a long time to heal, so it is important that you are fully compensated.
Carpal Tunnel Syndrome
Repetitive strain injuries and “Carpal Tunnel Syndrome” are closely related but not identical. Employers have an obligation to protect their employees against carpal tunnel syndrome in the workplace, and you may be entitled to make a claim for compensation if damage occurs to the nerves in your carpal tunnel due to an employer’s negligence.
Stress in the Workplace
It has been acknowledged for many years that “Stress in the Workplace” is a potential killer, yet more working days in Ireland are lost through stress than due to any other form of injury. If the stress you are under manifests in a physical or emotional injury, you are entitled to make injury claims in Ireland.
Compensation claims for work illnesses are more difficult to substantiate than those where a physical injury has occurred due to an employer’s negligence. However, an employer is obligated to provide a safe environment in which to work and injury claims in Ireland can be proven when an employer has displayed a lack of care in certain areas.
Occupational Health Compensation Claims
No matter what industry an employee works in, there are occupational health regulations to protect them from injury. Employees are entitled to make “Occupational Health Compensation Claims” when an employer has failed to adhere to these regulations and the employee has suffered an injury as a consequence.
Road Traffic Accident Articles
Road Traffic Accident Claims
Claims for injuries sustained in road traffic accidents are the most common type of injury claims in Ireland. Knowing the full procedure for “Road Traffic Accident Claims” can help you to receive your personal injury compensation much quicker.
Whiplash Injury Claims
The foremost injury sustained in a road traffic accident is whiplash. It is essential that you seek medical treatment prior to making “Whiplash Injury Claims” in Ireland, as often the symptoms of such an injury are slow to manifest and you could inadvertently aggravate the injury.
Indeed, “Whiplash Symptoms” are often difficult to substantiate as they can be non-anatomical. Sometimes they can deteriorate into whiplash syndrome, which can several years to cure and you need to ensure that you are adequately compensated for any resultant pain and suffering or loss of income if you are unable to work.
Rear End Car Accidents
“Rear End Car Accidents” are the most frequent reason why whiplash injuries occur and are often caused by inattentive drivers leaving inadequate space between them and the vehicle in front. Rear end collisions which occur at speeds as slow as 5mph have been known to cause injury, and more severe impacts can result in spinal injury and brain damage.
Car Accident Injury Claims
The most common type of injury claims in Ireland are “Car Accident Injury Claims” due to the high level of car ownership and limited public transport. Despite the firsthand experience many of your family and friends may have had of a car accident injury claim, you are still advised to discuss your own personal situation with an experienced solicitor.
Passengers in Car Accidents
“Passengers in Car Accidents” can often suffer worse injuries than the driver because they have not had the time to brace against impact. In some circumstances the driver themselves could be the responsible party for your injuries and you need to know how to make injury claims in Ireland without causing hostility between family, friends and colleagues.
Motorbike Accident Claims
“Motorbike Accident Claims” are often serious in nature due to the power of motorbikes and their fragility in road traffic accidents. However, motorbike injury claims in Ireland can be biased against the rider because of a misunderstanding about motorcyclists and the way in which motorbikes are ridden.
Pedestrian Accident Claims
Pedestrians are possibly the most vulnerable of road users – particularly children – and “Pedestrian Accident Claims” have to take into account what could be lifelong medical issues. A solicitor will be able to advise you on how injury claims in Ireland should be submitted to ensure adequate care is provided for as long as necessary.
Bus Crash Claims
Bus crashes are often exceptionally distressing personal injury claims in Ireland because of the volume of people who are injured in such an event. However, it may not be the bus driver or bus company who is the negligent party in a compensation claim after a “Bus Crash“, and this is why you should always seek professional legal advice when you or a loved one have been injured in a bus crash.
Bus Accident Claims
There does always have to be a collision for people injured while travelling on a bus to make “Bus Accident Claims“. If, for example, you are the passenger on a bus who is injured while the bus is being driven erratically, you are entitled to claim personal injury compensation from the bus company responsible for employing the bus driver.
Bicycle Accident Claims
The procedures for making “Bicycle Accident Claims” are exactly the same as for any other type of road traffic accident. However, bicycles offer less protection to the cyclist than the shell of a car provides to a motorist, and the consequences of a bicycle accident can be far more catastrophic.
Bicycle Accidents in Ireland
According to statistics compiled by the Road Safety Authority, the majority of “Bicycle Accidents in Ireland” occur in urban areas and many involve a collision with a goods vehicle whose driver has a “blind spot”. Although the government are trying to encourage more people to use their bicycles to commute to work, until the number of bicycle accidents in Ireland is reduced it is unlikely that their target will be achieved.
Car Accidents without Insurance
Sometimes it is impossible to obtain another driver’s details at the scene of an accident, including the insurance details. Such car accidents without insurance should be reported to the Garda immediately and your solicitor will help you deal with the MIBI.
The Motor Insurers’ Bureau of Ireland
The Motor Insurers Bureau of Ireland was established to compensate road users injured by uninsured or unidentified drivers or foreign drivers. The MIBI is also responsible for providing assistance to trace drivers who leave the scene of accidents.
Articles about Specific Types of Personal Injuries
Slips, Trips and Falls
“Slips, Trips and Falls” is one area when contributory negligence is often claimed by the negligent party. Injury claims in Ireland may often be disputed if a claim is deemed unreasonable or if it is counter-claimed that a “reasonable” person would have noticed a hazard and acted to avoid it.
School Accident Claims
As children spend the majority of their day, it is inevitable that many of their injuries will happen on school premises. “School Accident Claims” also have a different procedure when a person or education authority with a duty of care towards your child has been negligent, and your child has suffered an injury as a result.
Playground Accident Claims
When not at school, children love to display their exuberance in a local playground. Local authorities have an obligation to maintain playgrounds in a safe manner, and should your child sustain an injury due to their failure to do so, you should get advice from a solicitor about “Playground Accident Claims“.
Serious Personal Injury Claims
Every personal injury claim is made on its merits, but when a catastrophic injury has occurred the victim could need lifelong support. “Serious Personal Injury Claims” may sometimes only be resolved by court action, but this is often necessary to ensure that the victim has the financial means to receive the care they need due to a injury caused by somebody else’s negligence.
You are also entitled to make injury claims in Ireland when you have suffered a loss at the hands of somebody who owes you a duty of care. This type of “injury” is known as “Professional Negligence” and although most commonly associated with the medical profession, can also apply to architects, financial advisers and lawyers.
Restaurant Fall Claim
One of the most common occasions when a claim may be deemed unreasonable by the defendant is if the victim has been enjoying a drink over dinner and then falls on their way out of the premises. Intoxication and a “Restaurant Fall Claim” do not sit well together, but there are circumstances in which restaurateur negligence is straightforward to prove.
Dog Bite Injury Compensation
Injury claims in Ireland for injuries sustained by a dog can also be contentious, as most dog owners will not have an insurance policy financially protecting them against claims for “Dog Bite Injury Compensation“. However, the consequences of a dog bite can be lifelong facial scarring and, particularly when a child is the victim, plastic surgery may be required to repair the injury.
Product Liability Claims
Similarly, a faulty product does not necessarily have to result in a physical injury before you are entitled to make “Product Liability Compensation Claims“. Although the majority of faults only come to light when the product fails to operate properly and causes an injury, there are circumstances where other forms of loss occur due to negligence by the designer, manufacturer or retailer of a product.
Copyright © 2009-2014 All articles written or edited by Eoin Campbell