Personal Injuries 

If you have suffered an injury due to someone else’s negligence, your barrister can provide you with the expert advice that you need. Your barrister will expertly guide you through the often complex personal injury claims process. Our barristers are litigation specialists, uniquely equipped to represent you in your personal injury claim wherever you are: Dublin, Cork, Limerick, Galway, or elsewhere in Ireland.

Whether your injury occurred at work, on the road, or in a public space, your barrister will provide expert legal advice and representation, ensuring your claim is handled professionally from start to finish.

In some cases, the claim can be settled directly between the parties. If you agree to an early settlement the matter can be resolved directly between you and the Respondent (the person against whom you are making a claim) or their insurance company. Your barrister can negotiate with the other side on your behalf prior to a claim being formally issued. Before agreeing to a settlement we recommend that you consider whether the full impact of your injury is known at that time. If not, you might be advised to proceed with a formal Application to the Board. Your barrister can advise you on all of your options if such an application is to be made.

What is the Injuries Resolution Board?

The Injuries Resolution Board, previously known as the Personal Injuries Assessment Board (PIAB), is an independent statutory body that deals with personal injury claims.

All personal injury claims in Ireland, except for medical negligence claims, must be submitted to the Injuries Resolution Board.

The Injuries Resolution Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents.

If the person you hold responsible for your injury (the respondent) does not want the Injuries Resolution Board to assess your claim for compensation, you can take your claim to court. Most claims are assessed within 9 months from when the respondent agreed for the claim to be assessed by the Injuries Resolution Board.

How your barrister can help you with your Injuries Resolution Board application:

–Your barrister can advise you about the entire Injuries Resolution Board procedure at your initial consultation.

-Your barrister can identify the correct Respondent and advise on whether there might be more than one Respondent to blame for your accident.

-Your barrister can draft a letter of claim to be sent by you to the Respondent.

-Your barrister can represent you in negotiations with the Respondent (or their insurance company) prior to making an Injuries Board claim.

-Your barrister can advise you in relation to time limits for lodging your claim with the Injuries Board .

-Your barrister can advise you about getting complete and proper medical reports that deal with all aspects of your injury.

-You barrister can help you get other expert reports if necessary.

-Your barrister can advise you in relation to out of pocket expenses and loss of earnings.

-Your barrister can give you specialist advice about the issue of liability at your first consultation and the importance of getting preservation orders, i.e. making sure that evidence is not destroyed.

-Your barrister can explain issues concerning the statute of limitations.

-Your barrister can assist you in lodging an application with the Injuries Resolution Board.

-Your barrister can give you specialist advice regarding the impact of rejecting or accepting an assessment.

Do I have a Personal Injuries Claim?

This is, obviously, the first question that many clients will ask of their barrister after they have been involved in an accident. In addressing this question, your barrister will consider whether you have suffered an injury and whether or not this injury was caused by the negligence of somebody else that owed you a duty of care.

Therefore, the first thing that is to be remembered when pursuing a personal injury claim is that you must have sustained some form of injury, either physical or psychological, as a result of the incident. Even where the other party, be it a driver, doctor, or employer has acted negligently you can only claim compensation for a personal injury, loss or damage that you have in fact sustained.

The second factor to note is that the injury sustained must result from the negligence of someone who had a duty of care towards you at the time of the accident. For example, an employer is expected to provide, within reason, a safe working environment for his or her staff. Similarly, all road users have a duty of care to other road users.

It may also be decided by the court, or indeed agreed between the parties, that both the defendant and the plaintiff were partially at fault for the plaintiff’s injury and in such circumstance the principle of contributory negligence will apply. This means that an injured party, i.e. the plaintiff, may possibly have contributed to his or her own injury by acting in a negligent manner.

What should you do following an accident?

As soon as possible following an accident you should contact Barristers Direct and arrange for a consultation with one of our specialist personal injury barristers. Your barrister can advise you in relation to contacting the Respondent (this is the person or entity that you think is at fault for your accident) and notifying the Respondent of your intention to make a claim.

The initial advice that you receive from your barrister at this early stage in the process can be of vital importance. It will be necessary to get a barrister’s expert advice in order to identify the correct Respondent and in considering whether there might be more than one Respondent who is to blame for your accident. Your barrister can also draft the necessary letter of claim for you.

You should be aware that a failure to ascertain the proper Respondent(s) and a failure to notify them that you intend to make a claim, may prevent you from claiming compensation from them. Your barrister’s advise is therefore crucial at this early stage of the process.

Compensation

The guideline amounts for compensation for particular injuries are set out in the Injuries Guidelines (pdf). The Injuries Resolution Board can depart from the Injuries Guidelines but must explain its reasons for doing so.

What are General Damages?

General Damages cover compensation from pain and suffering resulting from the injuries you sustained in your accident. 

What are Special Damages?

Special Damages are any out of pocket expenses that you have incurred as a result of your accident. Special Damages includes areas of loss such as loss of earnings (including future loss of earnings), medical expenses (including future medical expenses) and vehicle damage.

In more straightforward personal injury cases, these special damages might account for any medical expenses and possibly the cost of alternative modes of transport if you are unable to drive. In more complex personal injury cases, special damages could account for years of lost income, the adaption of a home to accommodate somebody who is now confined to a wheelchair, or plastic surgery to disguise the scars left by your injury.

Special damages can make a significant difference to how much personal injury compensation you receive and personal injury cases do not need to be a catastrophic for the special damages to add up. You need to be sure that you are getting your full entitlement to special damages when you make a personal injury compensation claim, and this is why your barrister’s advice will be of vital importance to you in managing your claim.

What is an Authorisation?

An Authorisation is a legal document issued by the Injuries Resolution Board to you which entitles you to pursue your action through the Courts. If you wish to pursue your claim further you should do so immediately upon receipt of your Authorisation so that the time for bringing the claim does not expire.

Issuing Court Proceedings

If you do not already have a solicitor that you wish to instruct, your barrister will give you advice about instructing a solicitor. Your barrister will ensure that you instruct a solicitor with the necessary experience, knowledge and expertise to meet your needs. Your barrister will have first-hand knowledge of a vast array of solicitors and can help you find one suitable for your case. Your barrister can continue to represent you after you have instructed a solicitor.

The typical personal injuries cases that our barristers deal with on a daily basis include:

-Road Traffic Accidents

-Workplace Accidents

-Slip and Fall Accidents

-Medical Negligence

Please note that in contentious business and in accordance with section 149 of the Legal Services Regulation Act 2015, your barrister will not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to you or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. Your barrister will not, without your prior written agreement, deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to you in respect of legal services that your barrister provided to you.