How do I start an injury claim?

Authorisation – Letter of Authority and Instructions

To authorise us to act on your behalf and proceed with your case, we send you a Letter of Authority & Instructions for your signature. This can be done through email or post. By signing it, the client formally appoints the solicitor’s firm to act on their behalf in a personal injury claim and sets out the key terms regarding authorisation, fees, and responsibilities.

• Deal with the matter as we deem necessary and to retain Barristers (whether Senior and/or Junior Counsel) and/or other professional persons (including Engineers, Doctors, Actuaries etc as may be reasonable or appropriate in your case).
• Investigate any matters arising and to arrange inspection, obtain expert reports, medical reports and interview witnesses or parties who may be in a position to assist.
• Engage experts on your behalf such as Barristers, Engineers, Accountants and so on to furnish expert opinion appropriate to your case.
• Endorse and to receive and lodge to our client account monies received on your behalf.
• Deduct outstanding legal costs due by you from any monies held on your behalf in our client account.
• The Injuries Resolution Board does not award separate legal fees; therefore, the solicitor’s fees and expenses will be deducted from the client’s settlement.
• Give any undertaking(s)* that we deem necessary or appropriate in the circumstances. *Undertakings: an Undertaking is a solemn promise by a Solicitor to do something. Undertakings can be enforced by the Courts and by the Law Society of Ireland. Undertakings are essential in the operation of many cases.

Client responsibilities and termination

The client must maintain contact, provide the requested information, and attend the arranged medical appointments. If the client withdraws, ceases communication, provides misleading information, or hires another firm, the solicitor can terminate the contract. In the event of early termination by the client, the client remains personally liable for all outlays incurred and legal work performed up to that date.

Transferring a file to/from alternative solicitors

If a file is to be transferred to another Solicitor before a matter is completed then the file will be released on payment of all costs due. In instances where a fee for costs has been agreed the amount due will be apportioned having regard to the work done up to and including the request for the transfer of the file.

Withdrawing Instructions

Where a client wishes to withdraw instructions, we must be given prior notice in writing signed by the client. In such circumstances, all original documents and copies of all correspondence will be released to the client expeditiously upon payment of all fees due.

How long does an injury 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, your claim is Statute Barred. An important exception to this rule is that persons under the age of 18 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 ground that his right to put up a defence has been prejudiced by the delay. It should be noted that it can take time to issue legal proceedings, so you should not leave it until the last few weeks before the expiry of the statute before instructing your solicitor in the matter.

Statutory rights for clients in personal injury law in Ireland

A client’s statutory rights in personal injury law in Ireland include the right to a strict two-year time limit for filing a claim (see our page on the Statute of Limitations), the mandatory use of the Injuries Resolution Board before going and the right to specific types of compensation. (see our page on the Injuries Resolution Board)
In most cases, a client has 2 years (less one day) from the date of the accident or their “date of knowledge” to bring a claim. This is different for minors/children under the age of 18, where the two years does not commence until the child reaches the age of 18.
Medical negligence claims are exempt from being submitted through the Injuries Resolution Board (formerly PIAB) under the Personal Injuries Assessment Board Act 2003. But all other injury claims must be submitted to the Board before a case can proceed to litigation.

Will my case go to Court?

We approach each case with the possibility of it going to Court—though many cases settle beforehand. If the defendant’s insurer hasn’t offered enough or made no offer at all, your case might proceed to court. Otherwise, if an offer exists, you, as the claimant, decide whether to accept it. Your Solicitor will guide you on whether to accept or reject the offer, but the final choice remains yours. If no offer is received, it suggests the other side feels confident in their defense.

Litigation – winning your case

If you win your case, or if the case is settled on the basis of payment of costs, the other side will have to pay the bulk of your legal costs.
If your case settles through the Injuries Resolution Board, the other side is not liable to pay your costs, and so you will be liable for all costs and outlays in relation to your Injuries Board application. However, until the other side pays, you remain responsible for all legal costs. The amount the other side will pay normally does not cover all of the legal costs. Any shortfall will be payable by you (the client).

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.