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Medical Negligence in Ireland: Recognising Potential Cases and Seeking Legal Help

While we trust medical professionals with our health and well-being, unfortunately, sometimes mistakes happen. These mistakes can sometimes constitute medical negligence, leaving you with physical, emotional, and financial burdens.

Martin A. Harvey & Associates understands the sensitive nature of these situations and wants to empower you with information to recognise potential medical negligence and guide you towards seeking legal help if necessary.

What is Medical Negligence?

In Ireland, medical negligence occurs when a medical professional, through breach of duty of care, causes you harm. This breach could be:

  • Misdiagnosis or delayed diagnosis: Failing to correctly identify an illness, leading to delayed treatment and complications.
  • Surgical errors: Mistakes during surgery causing injury or complications.
  • Medication errors: Prescribing the wrong medication, dosage, or failing to consider allergies.
  • Failure to inform: Omitting information about risks or treatment alternatives, affects your ability to make informed choices.

Recognising Potential Cases:

Red flags that might indicate medical negligence include:

  • Unexpected outcomes: Experiencing complications or worsening symptoms after treatment.
  • Departures from standard practices: Questionable procedures or a lack of communication about treatment options.
  • Unsatisfactory explanations: Feeling dismissed or having concerns brushed aside by medical professionals.
  • Significant deterioration in health: A decline in health beyond the expected course of the illness.
  • Mounting medical bills: Unexpected or excessive charges due to complications or errors.

Seeking Legal Help:

If you suspect medical negligence, consult a legal professional specialising in personal injury law. We at Martin A. Harvey & Associates offer:

  • Free initial consultations: Discuss your case and understand your options without pressure.
  • Expert assessment: Evaluate the potential for a medical negligence claim based on facts and evidence.
  • Representation throughout the process: Guide you through legal complexities and advocate for your rights.
  • No win, no fee: You pay only if we secure compensation for your case.

Remember:

  • Time is of the essence: There is a two-year time limit to commence legal proceedings in Ireland for medical negligence claims.
  • Seek expert advice: Consulting a qualified personal injury lawyer ensures your rights are protected and your case is presented effectively.
  • Don’t suffer in silence: You deserve compensation for the harm caused by medical negligence.

Contact Martin A. Harvey & Associates today for a free consultation. We are here to listen, guide, and fight for your rights.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for personalised guidance on your specific situation.

Martin A. Harvey & Associates is here to support you through this challenging experience. Contact us today to schedule a consultation.

maharvey@martinharvey.ie 

+353-(0)21-4963400 / 4271006

Navigating Winter Personal Injury Risks

As winter descends upon the Lee, our beloved city is transformed into a serene winter wonderland. However, along with the beauty of the season comes a set of unique challenges that can pose risks to your safety. Below, we explore the potential winter personal injury risks and discuss the essential steps to take if you find yourself facing an unfortunate incident.

Understanding Winter Risks:
1) Slippery Surfaces: The most prevalent risk during winter is the presence of icy and slippery surfaces. Whether you’re walking on the street, on private property, or even your own home, the chances of slipping and falling increase significantly with the presence of frost, ice and black ice.


2) Road Accidents:Icy roads, reduced visibility, and unpredictable weather conditions make winter a high-risk season for road accidents. Drivers and pedestrians alike need to exercise extra caution and look out for each other to ensure we all get home safely this Christmas.


3) Weather-Related Accidents: Harsh weather conditions such a storms heavy rain and snowfall can contribute to accidents like falling branches or collapsing structures.

Steps to Take After a Winter Injury:
If you find yourself in the unfortunate situation of having suffered a personal injury due to one of the risks above or by any other means, it is important that you do the following.


However, it is important to note that before you embark on a case, you must be able to identify who is at fault and that your injury could have been prevented if proper care had been given. For example, if you slip on ice in a city centre footpath, the council would have a duty of care to keep the area
clear of ice.
Seek Medical Attention: Your health is of utmost importance. If you’ve suffered a winter-related injury, seek medical attention promptly. Not only is this crucial for your well-being, but it also establishes a medical record of your injuries that can be referenced as proof of injury at a later stage.

1) Document the Scene: If possible, document the scene of the incident. Take photographs of hazardous conditions, such as icy sidewalks or poorly maintained areas, as this visual evidence can be crucial for your personal injury claim.


2) Collect Witness Information: If there were witnesses to your accident, obtain their contact information. Their statements may serve as valuable evidence in establishing the circumstances
surrounding your injury and will support your personal injury claim.

3) Report the Incident: Inform the relevant authorities about the incident. This is especially important for accidents on public property, such as footpaths, roads or any other public area. It ensures that the appropriate parties are aware of the potential hazards and should do something to prevent any further injury.


4) Preserve Evidence: Keep any relevant evidence, such as your footwear, clothing, or objects involved in the incident. These items may become essential when building your case and be used as case
evidence.


5) Contact a Personal Injury Solicitor: If you’ve been injured due to the negligence of others or unsafe conditions, consult with a personal injury solicitor. The team of legal professionals and personal injury experts at Martin A. Harvey & Co. will assess the viability of your claim, guide you through the legal process, and help you seek compensation for your injuries and related expenses.


While the winter months are a special time of the year, it’s essential to navigate the season with caution. By understanding the potential risks and taking proactive steps in the event of an injury, you can better protect yourself and your rights. If you find yourself facing the aftermath of a winter-related personal injury, our team of experienced solicitors is here to provide the guidance and support you need to navigate the legal process successfully.


Stay safe, stay vigilant, and enjoy the beauty of winter responsibly. Should you need any assistance, please do not hesitate to contact us at maharvey@martinharvey.ie or +353-(0)21-4963400 / 4271006.

Weather Related Accidents at Work

The winter weather is starting to settle in, and so too is the prospect of severe weather occurrences. Severe may impact on your ability to undertake your work – or attend your place of work, and so you should be aware of where you stand in relation to presenting at your place of work during these warnings. At this time of year, we also hear a lot more about people suffering from a weather related accident at work.

Some of the most common accidents that occur due to poor weather while at work are slips, trips and falls due to surface water, loose flooring or surfaces, inadequate lighting, and slippery surfaces that may be caused due to leaves or ice. This may result in back and neck injuries, breaks, fractures, or leg, hip or shoulder injuries. Other situations might include exposure or cold stress due to working outdoors in bad conditions. 

Your employer must take reasonable steps to keep your work environment safe. If the relevant guidelines are not followed, and you suffer an injury as a result of this, you may be entitled to compensation. 

Weather related accident at work

If you unfortunately have an accident at work, you should firstly seek medical help if you have been injured. 

In cases where your accident or injury has been caused due to the negligence of another person or entity, you may want to seek compensation by seeking a personal injury* claim. In these cases you should: 

  1. Speak with a Solicitor 

Making a claim can be quite a lengthy and complex process, due to the many stipulations that are required. As such, your first step in making a claim should be to consult a solicitor, who can guide you through the process and protect your rights. They can also provide guidance in submitting your application correctly, procuring your medical report, and advise you on the assessment made by the Personal Injuries Assessment Board (PIAB). If you choose to take your claim to court, your solicitor can arrange for the necessary court proceedings to be drafted, and act as your legal representation. 

  1. Contact the Responsible Party 

You will need to contact the responsible party (the respondent) in writing within one month of your accident, advising them of the accident and your resulting injury. If this step is not completed within one month, your PIAB application may not be affected, however it may infringe on your case should you take it to court. The respondent must consent to the PIAB assessment within 90 days of your notice – and if they do not want the claim to be reviewed you may take the claim to court. 

  1. Establish your Medical History 

You will need to submit a medical report as part of your PIAB application. This report can be provided by the practitioner who treated the injury in question. If you are unable to submit a medical report along with your claim application, you can speak to your doctor about getting a note with details of your injury. You could also choose to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application and follow up with the medical report at a later date. However, you must submit all relevant documentation within two years of sustaining the injury. Before assessing your claim, the PIAB may carry out an independent medical examination. 

  1. Fill out a Personal Injury Claim Application 

Claims should be sent to the Personal Injuries Assessment Board (PIAB), with the exception of cases of medical negligence. If your claim relates to medical negligence, you can speak to a member of our team today to find out how we can assist you. 

The PIAB is an independent statutory body that assesses “personal injury claims for compensation following road traffic, workplace or public liability accidents” (source).

To submit your claim, you should fill out the application form at piab.ie. You may also submit this form by post.  

  1. Submit Your Application 

When you are submitting your form, you will need to include the processing fee as part of the required documentation. If you have medical documentation at this point, you should also include this. If you have suffered any financial losses due to the accident, you must also include these receipts with your application. You can include any other documents you feel are relevant. 

Please note that your claim must be made within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004 (source). 

Once the respondent allows the claim to be assessed by the PIAB, it can take over 7 months for a decision to be made. If your claim is taken to court, this will increase to 36 months. For claims assessed after 24 April 2021, the PIAB refers to the Personal Injuries Guidelines as a guideline for awarding personal injury* claims. (Source)

  • It’s a good idea to take photos of your injury or whatever caused your accident, make sure you have contact details for anyone who witnessed your accident, make notes about your accident as soon as possible

If you would like assistance regarding a personal injury* claim as a result of a weather related accident at work, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can. 

If your accident happened in a public place, and not your place of work, please refer to our guide on what to do after an accident in a public place.  

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. 

What is a Personal Injury Claim?

A personal injury* claim is a legal case in which the claimant has suffered an injury or illness because of the actions or negligence of another person or entity.

The claim serves to seek compensation from the responsible party for damages caused by the injury, for example medical fees or loss of wages due to missing work.

How do I know if my claim is eligible?

The best way to find out if you have a claim worth pursuing is to contact a personal injury solicitor, who will be able to discuss your claim and advise on whether you can raise a claim.

Overview of Common Terms

If you are pursuing a personal injury claim, you may come across some unfamiliar terms, or terms you may have heard before but don’t fully understand. To help ease any confusion, we have outlined some of the most common terms that may crop up: 

  • A personal injury is an injury of a person’s body, mind or emotions.
  • In a personal injury claim case, the claimant or plaintiff is the person who suffered the injury. 
  • The defendant is the person or entity (such as an organisation) who is responsible for the injury. This party may also be referred to as the respondent.
  • The Personal Injury Assessment Board (PIAB), also called the Injuries Board, is the statutory body that assesses personal injury claims. All personal injury claims, apart from medical negligence claims, must be submitted to the PIAB.
  • There are two types of damages that can be incurred due to a personal injury. General damages are non-economic costs associated with the injury, such as emotional distress. Special damages are the economic costs incurred due to the injury, such as medical fees. This includes any future costs that the claimant will incur, such as ongoing medical fees due to long-term injury.
  • Contributory negligence is a term referring to situations in which the claimant is partially responsible for their injury. You may still raise a claim in this instance.
  • Letter of Claim is sent by the claimant to the defendant. It provides details of the accident and invites the defendant to propose compensation procedures. This letter needs to be served to the defendant within 2 months of the accident.
  • The date of knowledge is the date on which the plaintiff discovered they were injured. This may be the same date as the accident, however some injuries may take some time to develop. Claims must be made within 2 years of the date of knowledge. This 2 year period is called the statute of limitations. If you do not file your claim within this period, you will be statute barred, meaning you are prohibited from raising a claim.
  • If you are making a personal injury claim, you will likely be required to submit a medical report from your GP or the medical practitioner who treated your injury.

What are the most common types of personal injury claims?

According to the PIAB Annual Report 2021, 18% of personal injury claims were public liability claims, 13% were employers liability, and 69% were motor liability. (Source)

Road Accidents*

Road accidents claims* pertain to any type of injury sustained on the road by road users including motorists, cyclists, and pedestrians. Accidents include: 

  • Car accidents*
  • Pedestrian accidents*
  • Rear-end or side-impact collisions*
  • Bicycle accidents*
  • Motorcycle accidents*
  • Accidents due to poorly maintained roads*
  • Bus accidents*
  • Hit and run Accidents*
  • Accidents on the motorway*
  • Passenger accidents*

Work Accidents*

Employers have a duty of care to their employees. If employees sustain an injury in the workplace due to the employer’s failure to fulfil this duty of care, the employee may raise a work accident* claim, also known as an employer liability* claim.

These may include:

  • Construction site accidents*
  • Farm accidents*
  • Dangerous or faulty machinery accidents*  
  • Health and safety violations*
  • Accidents caused by poor lighting*
  • Ladder accidents*
  • Repetitive strain injuries*
  • Faulty personal protective equipment*
  • Manual handling injuries*

Public Claims*

Property and business owners, councils, and government bodies have a responsibility to ensure that any public space that they own is safe for public use.

If someone is involved in an accident in one of these spaces and sustains an injury because the area was not fit for public use, they would have grounds to raise a public claim.

Common public accident* claims include:

  • Slips, trips and falls in public places*
  • Car park accidents*
  • Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
  • Food poisoning from a restaurant*
  • Accidents caused by spillages or wet floors*

Common causes of these kinds of accidents include:

  • Damaged pavements/footpaths
  • Untreated roads, footpaths, cycle paths during winter
  • Failure to display ‘wet floor’ signs in supermarkets
  • Tripping over 

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injury claim, it is often the case that the Board will proceed to make an assessment in this matter.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have been injured due to someone else’s wrongdoing, we can help you with the claims process. Contact us on 021-496 3400 or maharvey@martinharvey.ie.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

Unfair Dismissals: An Employer’s Guide

As an employer, it’s essential to stay informed on employment law. You should know both how to protect yourself against unfair dismissal claims, and what to do if you are faced with one.

Under the Unfair Dismissals Acts 1977-2015, if an employee feels that they have been unfairly dismissed, with or without notice, they may seek redress by initiating a complaint to the Workplace Relations Commission.

As the employer, it will be your responsibility to provide proof that the dismissal was procedurally fair and occurred for fair reasons, namely one or more of the following:

  • The employee’s ability, competence, and/or qualifications for their role
  • The employee’s conduct
  • Redundancy (however, if an employee was unfairly selected for redundancy they may raise an unfair dismissal claim)
  • Gross misconduct, for example assault or stealing
  • If continuing the employee’s contract would infringe on a statutory requirement
  • Or ‘other substantial grounds for dismissal’

(Source)

There are several reasons which would be considered automatically unfair grounds for dismissal, including race, age, or sexual orientation. Read part 1 of this blog post for a full list of these reasons.

Following Fair Procedures

Whether the grounds for dismissal are considered fair or not, you must also have followed the principles of natural justice and fair procedures in dismissing the employee. For example, the employee must have been provided with details of the complaints against them, and they must be allowed to respond to same. (Source) Read the WRC’s Code of Practice on Grievance and Disciplinary Procedures for a full rundown of your requirements in relation to natural justice and fair procedures.

What Would be Required if The Claim is Approved?

The most common form of redress in the case of an unfair dismissal is monetary compensation. Usually, the maximum compensation the employee can receive is up to two years’ losses of earnings. If the employee was dismissed due to a protected disclosure, they can receive up to five years’ salary. (Source)

The employee may also have their previous role reinstated, either with or without financial compensation for loss of earnings during the period between the dismissal and the hearing. However, these two outcomes are less frequently awarded. (Source)

Have You Been Faced With an Unfair Dismissal Claim?

Our team has the expertise necessary to assist you through every step of the process.

Contact us on 021 496 3400 freephone or email us at maharvey@martinharvey.ie and we would be happy to help.

Unfairly Dismissed? What You Need to Know

If you feel that you’ve been unfairly dismissed, you may be wondering what your rights are, whether you are eligible to submit a complaint, and who to contact.

To help shed some light on a complicated situation, we’ve compiled an overview of what you need to know and do if you think you have been unfairly dismissed.

What are the Criteria for Unfair Dismissal?

The Unfair Dismissals Acts 1977-2015  is the key legislation in Ireland regarding unfair dismissals. According to the acts, your dismissal would be automatically considered unfair if you were dismissed for any of the following reasons:

  • Trade union membership,
  • Religious or political views,
  • Race, sexual orientation, age, or membership of the Travelling community,
  • Pregnancy, giving birth, or breastfeeding,
  • Taking maternity leave, paternity leave, parental leave, parent’s leave, adoptive leave, force majeure leave, or carer’s leave,
  • Unfair selection for redundancy,
  • Your disclosure of ‘wrongdoing at work’ under the Protected Disclosures Act 2014,

(Source)

  • Acting as a party or witness for legal proceedings against your employer.

(Source)

A dismissal may also be considered unfair if an employee has been dismissed without substantial reason or if natural justice and fair procedures have not been applied and followed regarding the dismissal. 

What are My Rights if I’ve Been Unfairly Dismissed?

The unfair dismissals legislation will not prevent your dismissal. Rather, it gives you the right to make a complaint once it has happened. (Source)

Once you’ve issued a complaint, the burden of proof lies with your employer, and they must prove that your dismissal was fair. 

What Should I Do if I Think I’ve Been Dismissed Unfairly? 

Contact a solicitor, who can provide you with legal advice and represent you at case hearings.

To raise your complaint, a Workplace Relations Complaint Form needs to be submitted to the Workplace Relations Commission as a first step.

How do I Know if I’m Eligible to Submit a Complaint?

Be aware that there are certain eligibility criteria in order to proceed with an unfair dismissal complaint against your employer:

  • You must lodge the complaint with the Workplace Relations Commission within 6 months of the date of termination of employment. 

There are also several reasons why the unfair dismissals act may not apply to you, including being a member of the Defence Forces or the Gardaì.

Do You Think You Have Been Unfairly Dismissed?

The subject of unfair dismissals is complex. You want to be guaranteed that your rights are being upheld and that you receive adequate redress. 

At Martin A. Harvey & Co. Solicitors, our experienced team can provide you with advice and guide you through the entire process.

Contact us on (021) 496 3400 freephone or email us at maharvey@martinharvey.ie and we would be happy to help.

CAMHS Misdiagnosis

In April 2021, the HSE stated that it was reviewing the files of over 1,500 children and adolescents who had received care between 2016 and 2020 at Child and Adolescent Mental Health Services (CAMHS) South Kerry. This was a result of concerns and CAMHS misdiagnosis claims that had been raised as a results of the care given to a number of patients.

The parents have recently been informed that their child’s mental health issue was misdiagnosed and consequently, they may have been prescribed incorrect medication over an extended period.

Martin A. Harvey & Co Solicitors understands that there may be over 1,500 children from all over South Kerry who attend CAMHS and have been impacted by this prolonged misdiagnosis. Such failures are likely to have a detrimental effect on those who have been misdiagnosed and administered incorrect medication over a long period of time.

We have instructions on behalf of a number of families who have been affected. Please contact William Harvey of our offices for an initial consultation and advice on 021 4963400, complete the contact form here or email William directly at William.harvey@martinharvey.ie.

Apology by Department Of Children

Apology issued by Department Of Children after negligent data breach of those who attended mother and baby redress meetings

An apology has been issued by the Department Of Children after email addresses of 18 people were unintentionally shared with other participants attending the Online Consultation regarding redress for Mother and Baby Homes.

Reports detail that the incident occured due to an unplanned error concerning diary invites which were sent through the video meeting platform Zoom, for two Online Consultation Meetings on Monday the 22nd of March.

18 individuals were affected by the breach concerning the online invites sent out on the 19th of March to those due to attend the Consultations.

OAK, who were hired to oversee the public consultation process, notified the department on Monday of the breach and the department’s Data Protection Officer was informed.

Oak has discontinued the use of this invite function with all invitations for future consultations to be distributed on an individual basis.

if you would like to receive more information contact us at Martin A.Harvey & Co.Solicitors on 021-4963400 freephone or email us at maharvey@martinharvey.ie

Mother and Baby Home Redress Scheme

The devastation of Mother and Baby Homes came to light in January 2021 with final reports detailing shocking conditions, abuse and infant mortality.

The report contains a number of recommendations including a financial plan to compensate survivors.

For many, the next step will be to seek legal advice for details of compensation entitlements.

The expected plan will be similar to the Residential Institutions Compensation plan and the Magdalene Laundries plan.

A consultation period for development of the proposed plan is now open for submissions.

The findings will be recorded and sent in a report to the Interdepartmental Group, who will develop proposals for the compensation plan for Government consideration.

We are monitoring the development of the compensation plan and expected dates of implementation.

We at Martin A. Harvey & Co.Solicitors have specialised expertise with these situations and have dedicated legal staff on hand to advise survivors who may be entitled to apply for compensation under the new plan.

If you would like to receive information and updates please contact us at Martin A.Harvey & Co.Solicitors on 021-4963400 freephone, email us at maharvey@martinharvey.ie or contact us on our online contact form

The Complete Guide to Personal Injury Claims

Thousands of personal injury claims are made in Ireland each year. Road or motoring accidents are the most common – accounting for 70% of all claims in 2018. But what is a personal injury* claim? And what does the application process entail?

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. This guide is designed to help you to know what to expect during the claims process.

If you have an injury claim case for compensation, please contact us and one of our expert team will help to determine if you have a valid case.

What is a personal injury* claim?

A personal injury* claim refers to the legal action taken by a person after they have been involved in an accident or injured because of the actions or negligence of another person or entity. A claim seeks compensation for the accident or injury such as damages, cost of medical care, loss of wages due to missed work, and psychological trauma.

If you have been involved in an accident where you have suffered injuries as a result of somebody else’s wrong doing, then you may be entitled to make a claim.

Types of personal injury* claims

Most cases will fall under one of the following common personal injury* claim types:

Road Accidents*

Road accidents claims* are any type of accident or injury sustained on the road by road users including motorists, cyclists, and pedestrians. Some examples of these types of claims are:

  • Car accidents*
  • Pedestrian accidents*
  • Rear-end or side-impact collisions*
  • Bicycle accidents*
  • Motorcycle accidents*
  • Accidents due to poorly maintained roads*
  • Bus accidents*
  • Hit and run Accidents*
  • Accidents on the motorway*
  • Passenger accidents*

Work Accidents*

Work accident* claims (also known as employer liability* claims) refer to any accident or injury sustained in the workplace as a direct result of the negligence of the employer or fellow employees. Some common accidents or injuries at work include:

  • Construction site accidents*
  • Farm accidents*
  • Dangerous or faulty machinery accidents*
  • Health and safety violations*
  • Accidents caused by poor lighting*
  • Ladder accidents*
  • Repetitive strain injuries*
  • Faulty personal protective equipment*
  • Manual handling injuries*

Public Claims*

Public claims (also known as public liability* claims) refer to any accident or injury sustained in a public place as a result of improperly maintained as a safe environment for public use. Common public accident* claims include:

  • Slips, trips and falls in public places*
  • Car park accidents*
  • Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
  • Food poisoning from a restaurant*
  • Accidents caused by spillages or wet floors*

Who is involved with a claim?

The Claimant

The Claimant, also known as the Plaintiff, is the injured party making a claim.

The Respondent

The Respondent, also known as the Defendant, is the person or entity who the Claimant holds responsible for the accident or injury.

The Personal Injuries Assessment Board

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 cases involving medical negligence) must be submitted to the PIAB.

The PIAB 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 PIAB to assess your claim for compensation, you can take your claim to court.

The Solicitors

A solicitor will help look out for your best interest, protect your rights and help provide an accurate picture of the true extent of your injuries and suffering (physical and psychological) either now, or in the future.
They will:

  1. Take detailed instruction from you
  2. Uplift a Comprehensive Medical Report from your treating physician
  3. Prepare and submit a complete Application with the PIAB
  4. Provide the necessary advice as to whether a PIAB Assessment should be accepted or rejected
  5. If necessary, arrange for the necessary Court proceedings to be drafted and then represent you in Court

The Insurers

The Respondent’s insurers are typically who is responsible for the payment of an awarded compensation.

How to make a claim

  1. Speak with a solicitor
  2. Contact the responsible party
  3. Establish your medical history
  4. Fill out an Injury Claim Application
  5. Submit application
  6. Awarding of claim

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injuries claim, it is often the case that the Board will proceed to make an assessment in this matter.

The PIAB is also not empowered to deal with medical negligence claims as these are excluded the Personal Injuries Assessment Board Act 2003 as amended.

In general, if a case is complicated in terms of injuries or indeed liability, then the Board will often exercise its discretion and refuse to deal with the case as they are constrained by time limitations.

FAQs about Personal Injury* Claims

How do I know if I have a claim?

Our team of personal injury* specialists can help advise about your case. We will take the time to learn about you and the situation and make sure you understand your rights.

Generally, to be eligible for a claim, you must meet the following criteria:

  • You have been in an accident or injured where someone else is at fault
  • The accident needs to have happened within the last two years

What type of claims are not assessed?

PIAB does not assess the following claims:

  • Medical negligence claims*
  • Assault claims*
  • Cases, where the injuries sustained, are wholly psychological

PIAB may also decline claims where there are complexities arising from pre-existing medical conditions.

Do I have to instruct a solicitor to make a claim?

No, you are not legally obligated to instruct a solicitor to make a personal injuries* claim. However, suffering from a personal injury can be a very traumatic experience. It can take many forms including physical injury and pain and psychological pain such as fear, anxiety, depression, reduced vitality and psychiatric illness.

This pain and suffering is often ignored by insurance companies if approached directly in order to reach a quick settlement. A solicitor will help look out for your best interest, protect your rights and provide an accurate picture of the true extent of your injuries and suffering either now, or in the future.

Is there an application fee?

There is a fee to submit the application to the PIAB and a fee for

How much are legal fees?

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

How long will it take?

On average, claims made to the PIAB are assessed in just over 7 months from when the Respondent consents to have the claim assessed by the PIAB. Personal injury claims taken in the courts can take up to 36 months.

Are there time limits?

Yes, there is a certain window of time in which to make a personal injury* claim following an accident. A Claimant must notify the Respondent within one month of their intent to make a claim. Then, a person has two years less one day from the date of knowledge of their injury to bring a claim forward.

What is the date of knowledge?

The date of knowledge refers to the date on which the injured person gained knowledge of the following facts. In many cases, the date of knowledge will be the day of the accident if the injuries are immediately noticeable. However, in some cases, an injury or illness may not manifest for some time after the accident. In these cases, the date of knowledge is the date they found out they were injured.

The law is different for persons under the age of 18. In law these persons are called minors and the Rules in terms of taking claims and time restrictions are much easier for minors than they are for persons over the age of 18 who are deemed to be legal adults.

A person under the age of 18 has two years from the date of their 18th birthday to take a claim for personal injuries* arising out of an accident during their minority.

What are the award amounts?

The Book of Quantum is a general guide to the amounts that may be awarded, and legislation requires PIAB to regard it when assessing claim values. The Book of Quantum give us a guideline of a value for the injury you have sustained, but there are other factors that may be taken into account when making a claim, such as:

  • Loss of earnings, past and future
  • Medical bills, past and future
  • Other out of pocket expenses, for example, travel costs

Your solicitor will help you interpret the PIAB assessment and together you may come to a decision. Important to note is that you have the final say in whether to settle the case at this stage.

What is Contributory Negligence?

Contributory negligence is when the Claimant is found to have contributed to the situation which caused the accident or increased the severity of their injuries. This will reduce the potential award amount. Consulting an experienced solicitor can help minimise contributory negligence that may prevent you from receiving the maximum compensation to which you are entitled.

Get Started on a Claim

In respect of Personal Injuries* Litigation, our expertise at Martin A Harvey & Co. Solicitors range in the following circumstances:

  • Accidents at work/workplace accidents*
  • Local authority claims / trip-and-fall cases*
  • Road traffic accidents*
  • Fatal injuries actions*
  • Garda compensation cases*
  • Nervous shock / post-traumatic stress cases*
  • Criminal Injury Compensation Tribunal*

If you would like to discuss a personal injury* that you have suffered, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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