How Do I Start an Injury Claim?

Have you been in an Accident and would like to bring a personal injury claim? Before proceeding with your claim, you need to prove that your injury, illness or disease was caused as a result of the negligence of another party (for example an employer, another driver or a local council). This can be provided through photographs of the accident, medical reports or witness statements.

Step by-step process – How to Start your Injury Claim:

Step 1: You Tell us about your Case

We will take the details of your accident and injury, answer any questions you may have and advise you of your best options. Contact us by phone: 01 453 7890, by Email at info@lawline.ie
Step 2: We Inform the Third Party

Once you instruct us to take on your case, we write to you confirming your instructions and proceed with informing the third parties and / or their insurers of the case. We then arrange to take up a medical report and gather the necessary proofs to support your claim.
Step 3: We Process the PIAB Assessment:

By law we must process your claim initially through PIAB (the Injuries Board) before any Court Proceedings can be issued, which we do on your behalf. They (PIAB) notify the other side, and / or the Insurers, of the application. The other side has the choice of accepting the Injuries Board or rejecting the assessment procedure.
Step 4: We Commence Court Proceedings:

If the other side declines The Injuries Board assessment procedure, we then commence court proceedings. We will inform you of all stages of your case as it progresses.

How long will my Case Take?

Subject to certain very strict exceptions, you have two years from the date of your accident to commence legal proceedings. If the two year period has expired, even by one day, then your claim is Statute Barred from proceeding. An important exception to this rule is that persons under the age of 18 years at the time of the accident (minors) have until their 20th birthday to commence proceedings. In theory therefore, a four year old for example has 16 years to commence proceedings, although a lengthy delay may create severe difficulties and may give rise to the defendant having grounds to apply for a dismissal of the claim on the grounds that his right to put up a defense has been prejudiced by the delay. It should be noted that it can take time to have legal proceedings issued so you should not leave it until the last few weeks before expiry of the statute before instructing your solicitor in the matter.

Will my Case go to Court?

We deal with every case individually but always on the basis that it may end up in court, but in reality few cases end up in court. Cases go to court for two reasons;

The defendant has not offered a suitable award: If no offer is made, then this would clearly indicate that the other side is reasonably confident of successfully defending the case. In such event your options will be clearly explained to you by us and your Barrister.
The defendant has made no offer:If an offer is made, then it is you who decides whether or not to accept the offer; we and your Barrister will give our advice in relation to any offer, but the ultimate decision is yours. In such event your options will be clearly explained to you by us and your Barrister. Read More >

We provide support services

Other than acting for our clients, we also provide support services such as sourcing the best medical experts providing the necessary treatments, Physiotherapists, Engineers and more. Before we make a recommendation, we will discuss your case with you in detail. In many cases, it will be clear from the outset that your injury case will be successful. If however we believe you have no case we will tell you immediately. It will not be in your interest to pursue a case that stands little chance of success. Contact us for more information about starting your claim >

FAQ – Going to Court

Will my Case Go to Court?

We deal with every case on the basis that it may end up in Court – in reality cases don’t always go to court and usually settle beforehand. If the defendants Insurance Company has not offered enough or has made no offer on your case, then your case may go to court. However, if any offer has been made, you (the claimant) decide whether or not to accept it. Your Solicitor will give you advice in relation to accepting or rejecting the offer, but the ultimate decision is yours. If no offer is made, then this indicates that the other side is reasonably confident of defending the case.
Why would my Case go to Court?

Cases go to court for two reasons, either the Defendant has not offered enough Compensation or the Defendant has made No offer. If an offer is made, then it is you who decides whether or not to accept the offer. Your Solicitor will provide advice in relation to any offer, but the ultimate decision is yours. If no offer is made, then this would indicate that the other side is reasonably confident of successfully defending the case. In such event your options will be clearly outlined to you.
What Happens if my Case does go to Court?

If your case does go to court, there is no reason for concern about appearing in court as your your solicitor will lead you through your evidence. You simply answer all questions to the best of your ability. And your legal team will be there to support you throughout the whole case. You are firstly examined by your own Barrister, following which, the Defendant’s Barrister will cross-examine and attempt to illicit details from you. These questions may be favourable to the Defendant’s case. The Judge may also have questions.
3 Tips For Going to Court
1. When arriving for your case, it is important that you dress in a manner which shows proper respect to the Court.
2. If being questioned in court, Try to avoid giving hasty or confused replies.
3. If you are not sure of the answer to any question, you should say so, Your legal team are there to support you.
Do I need to bring a Witness to Court?

After completion of your evidence, the evidence of any other witnesses is heard. This may include a Medical Practitioner. Their evidence is usually admitted as a Medical Report handed into the Judge. Other witnesses may include an engineer and any person who witnessed the event.
Pre-Trial Consultation

A few days prior to / or on the day of your trial, a consultation takes place with Counsel from both sides. During this meeting, if an offer is made from the other side, our legal team will provide detailed legal advice in relation to the offer, but ultimately the decision is yours whether you accept or not. If no offer is made, then this would clearly indicate that the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly explained to you by us.
How does the Judge reach their Decision on Liability?

When all the witnesses have been heard, and Counsel has made any relevant points to the Court, the Judge makes his/her decision, more often than not on the day, but on occasion, they may postpone the judgement to another day. The judge delivers their decision on liability, and if in favour of the Plaintiff will make an Award of Damages as Compensation.
When will I get my Compensation Award?

Following a settlement or court award it typically takes about 3 weeks for a cheque to issue from the major Insurance companies. Local Authorities can take longer, usually about 8 weeks.