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How Long Does It Take to Settle a Personal Injury Claim in Ireland?

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Introduction: Understanding the Timeline for Personal Injury Claims in Ireland

When you’ve been injured due to someone else’s negligence, the road to recovery often involves more than just physical or emotional healing—it may also require seeking compensation through a personal injury claim. But how long does it actually take to settle a personal injury case in Ireland? While the answer varies depending on several factors, understanding the general timeline and key steps involved can help manage your expectations.

At Martin A. Harvey & Co., we have guided countless clients through the claims process. In this blog post, we’ll explore the typical timeline for a personal injury claim in Ireland, from the initial filing to reaching a settlement or court verdict, as well as the factors that may influence how long the process takes.

Step 1: Seek Medical Attention and Gather Evidence (Immediately After the Accident)

Before even beginning the claims process, the first priority is your health. Seek medical attention immediately after the accident, regardless of how minor your injuries may seem. Medical records not only ensure your health is being properly cared for but also serve as crucial evidence for your claim.

Simultaneously, gathering evidence from the accident scene is vital. This includes photographs, witness contact information, and any reports made to authorities (e.g., Gardaí or workplace incident reports). This initial stage should ideally happen as soon as possible after the accident, as delays could complicate your claim.

Estimated time: Immediate to 1–2 weeks (depending on recovery and the ability to collect evidence).

Step 2: Consult a Personal Injury Solicitor (1–4 Weeks Post-Accident)

Once you’ve sought medical care and gathered evidence, it’s time to contact an experienced personal injury solicitor. Your solicitor will assess the details of your case, advise on its merits, and begin preparing your claim. This process includes:

  • Reviewing evidence and documentation.
  • Collecting additional supporting evidence, such as medical reports or witness statements.
  • Advising on the likelihood of a successful claim.

At Martin A. Harvey & Co., we work closely with clients to ensure all paperwork is in order and that claims are filed correctly from the start.

Estimated time: 1–4 weeks after the accident.

Step 3: Submit the Claim to the Personal Injuries Assessment Board (PIAB) (Within 2 Years)

In Ireland, most personal injury claims must be submitted to the Personal Injuries Assessment Board (PIAB), which assesses claims and proposes compensation amounts. You must file the claim within the statute of limitations, which is typically two years from the date of the accident. The submission process involves:

  • Filling out an Application Form (Form A) detailing the accident and injuries.
  • Paying a small application fee.
  • Submitting a Medical Report (Form B) from your doctor.

Once submitted, the PIAB will notify the other party (the respondent) of your claim.

Estimated time: Filing the claim usually takes 1–2 months after consulting your solicitor.

Step 4: PIAB Assessment Process (7–9 Months)

Once the claim is submitted, the PIAB assessment process typically takes 7–9 months. During this time, the board may:

  • Review all documentation, including medical records and evidence provided by both parties.
  • Arrange an independent medical examination if required.
  • Assess liability and calculate an appropriate compensation amount.

At the end of the assessment, the PIAB will make an Award of Compensation. Both parties (the claimant and the respondent) must decide whether to accept or reject this award. If both parties agree, the case is settled.

Key factor: If either party rejects the PIAB award, the case moves to court proceedings, which can significantly extend the timeline.

Step 5: Settlement Negotiations (Ongoing Throughout the Process)

In many cases, claims are resolved outside of court through negotiations between your solicitor and the respondent’s insurance company. Settlement discussions can take place:

  • During the PIAB process.
  • After the PIAB issues an award, if either party rejects it.
  • Before the case goes to court.

Settlement negotiations often expedite the process, as both parties avoid the time and costs associated with litigation.

Estimated time: Settlement negotiations may conclude within weeks or months, depending on the complexity of the case.

Step 6: Court Proceedings (1–3 Years if Necessary)

If a settlement cannot be reached or the PIAB award is rejected, the case moves to court. The timeline for court proceedings depends on several factors, including:

  • Court scheduling: Personal injury cases are usually heard in the Circuit Court or High Court, depending on the claim value. Court dates can be delayed due to scheduling backlogs.
  • Complexity of the case: Cases involving disputed liability or extensive injuries may require more time to present evidence and testimony.

While the majority of claims are resolved before reaching this stage, court proceedings can take anywhere from 1 to 3 years, depending on the circumstances.

Key tip: At Martin A. Harvey & Co., we always aim to resolve cases efficiently while ensuring that clients receive fair compensation. We handle court proceedings diligently and advocate strongly for our clients.

Factors That Influence the Timeline

Several factors can affect how long it takes to settle a personal injury claim in Ireland, including:

  1. Complexity of the Case:
    • Cases with disputed liability or severe injuries often require more evidence and expert testimony, which can extend the timeline.
  2. Cooperation of the Respondent:
    • Delays can occur if the other party disputes the claim or fails to respond promptly to correspondence from the PIAB or solicitors.
  3. Amount of Evidence Required:
    • Gathering additional medical reports, independent assessments, or witness statements may add time to the process.
  4. Court Backlogs:
    • If your case proceeds to court, the availability of court dates can vary depending on the jurisdiction.

Conclusion: Patience and Preparation Are Key

While every personal injury case is unique, the timeline for settling a claim in Ireland can range from several months to a few years. Factors like the complexity of your case, the willingness of parties to negotiate, and whether court proceedings are necessary all play a role in determining how long the process will take.

At Martin A. Harvey & Co., we work tirelessly to expedite the process while ensuring that you receive the compensation you deserve. From filing your claim to negotiating settlements and representing you in court, we are with you every step of the way.

If you’ve been injured and want to start your claim, contact us today for expert legal advice.

How Personal Injury Claims Are Valued: Understanding Your Compensation

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When you’ve been injured due to someone else’s negligence, understanding how your personal injury claim valuation can feel like deciphering a foreign language. You might be wondering what aspects are considered and how they’re quantified.

At Martin A. Harvey & Co., we’re here to demystify this process so that you have a clear idea of how your compensation is calculated and what factors contribute to the final settlement amount. From medical expenses to pain and suffering, let’s break down the key elements that determine your personal injury claim’s value.

Breaking Down the Factors:

  1. Medical Expenses:
  • Direct Costs: One of the most significant components of a personal injury claim is medical expenses, including costs for ambulance rides, emergency room visits, surgeries, medications, and rehabilitation services. Even future treatments and long-term care, if needed, should be accounted for.
  • Expert Medical Opinion: Expert testimony from healthcare professionals can help provide accurate estimates of future medical costs, which is essential if the injury requires ongoing care.
  1. Lost Wages and Earning Capacity:
  • Current Lost Wages: If your injury causes you to miss work, you’re entitled to compensation for those lost wages. These losses can add up quickly, whether it’s a few days or several months.
  • Future Earning Capacity: In cases of long-term or permanent disability, your ability to earn income might be diminished. Compensation should reflect the impact of the injury on your future earning capacity, calculated by estimating what you. would have earned had the injury not occurred.
  1. Pain and Suffering:
  • Physical Pain: This category compensates for the physical pain you endured due to your injuries. While there’s no fixed formula to determine these damages, factors like the severity of the injury and the length of recovery time are considered.
  • Emotional Distress: Personal injuries often lead to emotional and psychological challenges, such as anxiety, depression, or PTSD. Compensation for emotional distress acknowledges these less tangible yet significant effects.
  1. Loss of Consortium:
  • Personal injuries don’t just affect the injured person; they also impact close relationships. If the injury affects your relationship with your spouse or partner, they might be entitled to a loss of consortium claim, compensating for loss of companionship or affection.
  1. Property Damage:
  • If the incident involved property damage, such as a car accident, the cost to repair or replace damaged property can be included in the claim. This ensures you’re compensated for all related losses.
  1. Out-of-Pocket Expenses:
  • Small expenses like travel costs to medical appointments, home healthcare assistance, or child care while you’re recovering can also be claimed. They may seem minor individually but add up over time.
  1. Punitive Damages:
  • In cases where the at-fault party’s actions were particularly reckless or malicious, punitive damages might be awarded to punish them and deter similar behaviours in the future. These damages are rare but can significantly increase the total compensation amount.

Conclusion:
A personal injury claim valuation is an intricate process that requires a comprehensive understanding of the various factors involved. At Martin A. Harvey & Co., we work diligently to ensure that no stone is left unturned when calculating your compensation, considering all aspects from immediate medical expenses to long-term emotional distress.

If you’re seeking compensation after an injury, contact us today. We’ll provide personalised guidance, ensuring your claim is accurately valued and advocating for the fair settlement you deserve.

What to Do Immediately After a Workplace Accident: A Comprehensive Guide

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Workplace accidents can happen in any industry, and when they do, it’s essential to know what steps to take to protect yourself and your rights. At Martin A. Harvey & Co. solicitors, we understand the importance of acting swiftly and decisively after an accident occurs. In this blog post, we’ll discuss the top causes of workplace accidents and provide a comprehensive guide on what to do immediately after
experiencing one.

Top Causes of Workplace Accidents:
1. Slips, Trips, and Falls: These accidents are among the most common in the workplace and can occur due to wet floors, uneven surfaces, or cluttered walkways.
2. Machinery Accidents: Improper use or maintenance of machinery can lead to serious injuries, including crush injuries and amputations.
3. Overexertion: Lifting heavy objects or performing repetitive tasks can result in strains, sprains, and other musculoskeletal injuries.
4. Falls from Height: Working at elevated heights without proper safety measures in place can lead to devastating falls.
5. Vehicle Accidents: Employees who operate company vehicles are at risk of accidents both on and off the road.

You can read more about the top causes of workplace accidents here according to the HSA.

What to Do Immediately After a Workplace Accident:
1. Seek Medical Attention: Your health and safety should always be the top priority. If you’re injured in a workplace accident, seek medical attention immediately, even if your injuries seem minor.
2. Report the Accident: Notify your supervisor or employer about the accident as soon as possible. Be sure to provide detailed information about what happened and the extent of your injuries.
3. Preserve Evidence: If possible, take photographs of the accident scene and any visible injuries. Collect contact information from any witnesses who saw the accident occur.
4. Follow Doctor’s Orders: Adhere to the treatment plan prescribed by your healthcare provider. Failure to follow medical advice could jeopardise your recovery and any potential compensation claims.
5. Document Everything: Keep detailed records of your medical treatment, including doctor’s appointments, prescriptions, and any out-of-pocket expenses incurred as a result of the accident.
6. Consult with an Attorney: It’s important to seek legal guidance following a workplace accident, especially if your injuries are severe. An experienced personal injury attorney can help you understand your rights and navigate the claims process.
7. Know Your Rights: Familiarise yourself with your rights as an injured worker, including your entitlement to compensation for medical expenses, lost wages, and pain and suffering.


Workplace accidents can have serious consequences, but knowing what to do in the immediate aftermath can make all the difference. By following the steps outlined in this guide and seeking legal assistance when needed, you can protect your rights and ensure you receive the compensation you’re entitled to. Remember, you don’t have to navigate the aftermath of a workplace accident alone. We’re here to help.

If you’ve been injured in a workplace accident, don’t wait to seek legal help. Contact Martin A. Harvey & Co. solicitors today. Our team of experienced personal injury lawyers is here to help you get the compensation you deserve.

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

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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

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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.

Occupational Injury and Work Related Illness Claims

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Work related illnesses and occupational injuries can have a significant impact on your wellbeing, and impact your ability to make a livelihood. Occupational injuries or work-related illnesses that have been sustained during the course or duties of a person’s job can manifest in many different ways – and are usually dependent on the job that the person undertakes. In many instances, the injury or illness occurs as a result of an unsafe working environment, practices, or exposure to harmful substances during the course of their duties. If you are faced with an occupational injury or a work-related illness, it’s important that you are aware of your rights, and your ability to make a personal injury claim against the damage and impact. 

What is a work-related illness?

A work-related disease is any illness that is caused or made worse by workplace factors, including diseases that have more complex causes that are a combination of occupational and non-work related factors (Source).

An occupational disease is any disease that is caused primarily by exposure at work to a physical, organisation, chemical or biological risk factor – or even a combination of these factors. Some occupational diseases will develop gradually as a result of prolonged exposure, while others may not manifest until years after the exposure. The latter can cause some challenges in establishing liability and proving negligence after a lapse of time. Queries may also be raised as to the date of knowledge or when the employee first became aware of their symptoms or illness for the purpose of the Statute of Limitations. 

Many types of diseases such as cancer, respiratory disorders, cardiovascular disease, musculoskeletal disorders and mental health problems can be caused or made worse by work. 

There are several workplace exposures that are known to contribute to the development or progression of a disease (Source): 

  • Dangerous substances: chemical and biological agents, including carcinogens
  • Radiation: including ionising radiation and ultraviolet (UV) radiation from the sun
  • Physical factors: vibration, noise, manual lifting and sedentary work
  • Psychosocial factors: work organisational and psychosocial risk factors such as shift work, stress, and bullying

An occupational injury can encompass any harm or damage suffered by an individual as a direct result of their job or workplace environment. These injuries can range from slips, falls, or manual handling accidents, to more severe incidents like machinery malfunctions. 

What can I do if I have suffered from a work-related disease or illness?

In cases where you believe that your work-related illness 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 

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. The responsible party will need to be contacted in writing.

A medical report will be required as part of your PIAB application, which can be provided by the practitioner who treated you. 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 illness. 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. Before assessing your claim, the PIAB may carry out an independent medical examination. 

2. 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.  

3. 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 illness, 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)

If you would like assistance regarding a work-related illness* claim, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can. 

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

What to do after a car accident

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Being involved in a car or road-traffic accident can be a frightening experience, and might leave you quite shaken for some time, in addition to any injuries you might suffer. In the moment, it can be quite difficult to think clearly due to shock. However, by law, there are some actions that you need to take – and others that are advisable for your own safety and insurance purposes. 

What to do if you have been involved in a road traffic accident

If you have been involved in a motor collision, Section 106 of the Road Traffic Act 1961 sets out some actions you will need to take.

First of all: 

  • You should stop the car as soon as possible – it is an offence not to do so. If your vehicle is still moving, pull over as soon as you can. You should then turn off the engine and switch on your hazard lights. 
  • Check yourself and your passengers to ensure everyone is safe. If anybody has been hurt, you should call 999 if necessary. You should try to take some deep breaths and keep calm as much as you can so that you can take stock of the situation. 
  • It’s important that, in the aftermath of the accident, you do not admit fault or apologise until you know exactly what happened – this can protect you from liability if the accident was not your fault. 

What next?

If the collision is serious, do not move the cars. However if it is minor and the cars involved are blocking the road, or causing a danger to other road users, mark their position on the road and then move them. Take photos of the scene of the collision – especially if you are moving the vehicles.  Be aware that damaged cars may be leaking fuel. 

Try to warn oncoming traffic of the accident if it is safe to do so. You could turn on your hazard lights, or if you have a reflective advance-warning triangle then place it on the road far enough from the scene of the collision to give enough warning to approaching traffic. If the collision has occurred near a bend in the road, make sure you’re giving warning to traffic on both sides of the bend. 

You should notify An Garda Siochána as soon as possible, and they may attend the scene of the collision. If a Garda is present at the scene of the collision, you must provide them with the information that they request from you. This could include: 

  • Your name and address, the address at which your car is kept, the name and address of the car’s owner, the car’s registration number, and motor insurance details. 

If a Garda is not present, you must report the accident as soon as you can to a Garda who is nearby or at a Garda station, no more than 24-hours later. 

Gather your information

Get the names, address and telephone numbers of any witnesses – these may be required if a question of liability arises. You should also get the name or number of the Garda to whom the collision is reported. Write down what happened as soon as you can and sign and date your account (including the time) once it’s completed. This will help you to keep your report clear and as accurate as possible and include as much detail as you can: what sort of damage was caused, what were the driving conditions like, what was the time and date of the crash are just a few thought starters. 

Uninsured or unidentified cars: If you wish to claim compensation where you are involved in an accident with an uninsured or unidentified car, you will need to contact the Motor Insurer’s Bureau of Ireland (MIBI).

Making a claim 

If you have been injured in a car accident, you may be entitled to make a personal injuries claim. Your first step in this process should be to contact your solicitor, who will advise as to whether your claim is valid, and your options in proceeding with the claim. 

For a claim to be successful, fault must be determined. In situations where blame is not clear, there are laws such as the Rules of the Road which will determine fault. Where both parties are somewhat responsible, ‘contributory negligence’ will come into play. You should speak to your solicitor if this is the case. And even if the other driver is not disputing liability for the accident, it’s always best to speak with your solicitor if you were injured in a road traffic accident. 

Road accidents happen in a blink-of-an-eye, but your reaction to them should be informed and considered. If you have been in a road accident or 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.

What is the Personal Injury Assessment Board?

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In our blog on Personal Injury Claims, we discussed the Personal Injury Assessment Board (PIAB) – the statutory body that assesses personal injury claims. But just what is the PIAB and what do you need to know about it if making a personal injury claim?

What is the Personal Injury Assessment Board?

The PIAB is an independent statutory body, to which all personal injury claims in Ireland must be submitted. This does not include medical negligence claims. The purpose of the PIAB is to provide an independent assessment of personal injury claims for compensation following incidents such as road traffic accidents, workplace accidents and public liability accidents.  

According to Citizens Information, claims are usually assessed approximately seven months from the point when respondents consent to having the claim assessed. In court, this can take up to 36 months.

How do I make an application to the Personal Injury Assessment Board? (PIAB)
While you can make an application to the Injuries Board without the assistance of a solicitor, it is recommended by the Law Society of Ireland that members of the public should use a solicitor in their dealings with the PIAB, as a competent personal injury solicitor will be experienced with the application process and all of its various requirements. This will also ensure that your claim will progress smoothly and in an efficient manner.

1. Your first step in making an application to the PIAB should be to speak with a personal injury solicitor, who will be able to provide you with the information that is required to submit your application. They will then prepare your file and gather all required information. The following details are usually required to complete your application: 

  • Details of the accident;
  • Details of the injuries you have suffered, including evidence such as photographs;
  • Details of any previous injuries, conditions or accidents you have been involved in;
  • A list of the expenses that you have incurred as a result of this accident, such as your medical bills;
  • A description of the person who is at fault.

It’s extremely important that you identify the correct person at fault when you are making your application. If you have identified someone to be at fault, and the PIAB does not agree with your identification of the person at fault, then the accused person can apply for an order of costs to be issued. This means that you will be obliged to pay their legal fees. 

It’s also vital that your form is completed correctly as there will be no opportunity to amend or re-submit it. 

2. A medical report will be a key part of your claim as it will confirm the details of your injuries. Your solicitor can request this from the medical professional that treated you, and it should include a prognosis, estimated time for recovery and details of any treatments that are necessary for your case.

In cases where a psychological injury has been sustained, your solicitor will request a report from the psychologist that treated them.

3. Form A

  1. Once your solicitor has received your medical report, they will have all of the information needed to start processing your application to the PIAB. They should now start completing what is called a ‘Form A’, which will be submitted with copies of your medical reports and other relevant documentation. 

Online applications cost €45, and the submission of postal or email forms cost €90.

The PIAB will confirm with you once they have received your application. They will issue a reference number for your application, notify the person / company of your personal injury claim against them and also send them a copy of your application form and relevant medical reports.

4. Your claim will then be assessed by the PIAB, and they will make their decision. If their conclusion is in your favour, then the PIAB will suggest a compensation amount to be paid by the party at fault. You cannot negotiate this offer – only accept or reject it. The next steps in your claim are determined by your mutual agreement (with the person deemed at fault) or your disagreement on the compensation amount. You will have 28 days to make this decision.

  • If you both agree to the compensation amount, the PIAB will issue an ‘Order to Pay’ which orders the person at fault to pay the compensation due to you;
  • If one or both of you do not agree to the suggested compensation amount, then you will be issued with an Authorisation to move the claim forward and issue legal proceedings to resolve the matter. 

PIAB Time Limits

The PIAB has a period of nine months from the date they receive your application to assess your claim. If this is not possible, you will be contacted by the PIAB with a request for an extension. 

If there has not been an agreement on the PIAB’s assessment of your case, you will be issued with an Authorisation to move to Court proceedings. You will have six months from this date to issue legal proceedings to bring the personal injury claim to court. 

Claimants have a two-year time limit from when the accident occurred to make a personal injury claim. If you do not start the claims process within this period, your claim will not be enforceable. 

However, in some cases a person may not know they have been injured. If this is the case, the two-year limit will start from the time that the person becomes aware of their injuries. 

What type of accidents are dealt with by the PIAB?

Road Traffic Accidents: this includes anything from car, truck, and bus accidents, to motorcycle and bicycle accidents, and even accidents involving pedestrians. 

Accidents at Work: these types of accidents usually include slip, trip and falls at work; injuries incurred through manual handling or from hazardous environments; or repetitive strain injuries to name a few. 

Accidents in a Public Place: also called Public Liability Claims, these types of accidents can include slip, trip and fall incidents in public places such as a shopping centre, public park, shops, on a pavement or footpath, or on someone’s property. 

Exceptions to the PIAB process

It’s important to note that there are a number of injuries that are not assessed by the PIAB. These include: 

  • Medical negligence (read more here);
  • Assault claims; 
  • Cases where the injuries sustained are solely psychological. However where there is a psychological / psychiatric element to a personal injury claim, the PIAB will likely proceed in their assessment. 

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

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)

What is a Personal Injury Claim?

Posted on by Dyjaho_Admin

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)

Are You Eligible for the Help-to-Buy Scheme?

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The Government’s announcement regarding the extension of the Help-to-Buy Scheme means that prospective homeowners can continue to apply for financial assistance in purchasing a new home until the end of 2022.

If you’re thinking of applying, there are a number of eligibility requirements that you will need to bear in mind. To help you understand this process, we’ve put together a short guide which will give you a better understanding of the scheme.

What is the Help-to-Buy Scheme?

The purpose of the scheme is to assist first-time buyers to purchase new residential builds, or to self-build a residential property. The incentive has assisted many prospective homeowners to get started on the property ladder and has encouraged increased activity in the construction industry. 26,744 claims have been approved on the scheme so far. (Source)

During the unveiling of Budget 2022 on 12th October, the government announced that present scheme rates will remain until the end of 2022.

What are the requirements?

To be eligible for the scheme, you must be a first-time buyer of a newly built apartment or house, or you must be undertaking the self-build of a residential property. The purchase or build must take place between 19th July 2016 and 31st December 2022. As of 1st January 2017, the help-to-buy incentive has applied to properties worth €500,000 or less (Source). Investment properties do not qualify, nor do cash-bought properties. However, properties that are inherited or gifted are eligible. (Source)

Under the scheme, if you are purchasing a new build, you must take out a mortgage of at least 70% of the buying price. If it is a self-build, the mortgage must be 70% of the mortgage provider’s valuation. The purchaser must also reside in the property for a minimum of 5 years after it is bought or built. Revenue has provided a list of developers and contractors that are approved for the scheme.

In July 2020, the maximum refund amount was increased, and this will now be extended until 31st December 2022. To qualify for this enhanced relief, you must have either signed a contract for the purchase of a new house or have drawn down a mortgage for a self-build between 23rd July 2020 and 31st December 2022. (Source)

If you qualify, you can claim a rebate on your income tax and Deposit Interest Retention Tax (DIRT) for the previous four tax years. Successful applicants will receive 10% of the property value, or €30,000, whichever is the lower amount. (Source) (Source)

How do I apply?

You can apply online through myAccount or Revenue Online Service, where you will have to fill out a Form 12 Tax Return. As part of your application, you will be required to provide the contract for your new home, which you can acquire from your solicitor. You will also need to provide details of the property, including its purchase price and completion date. Details of your mortgage lender, your mortgage, and your property developer should also be submitted with your application. If your claim is approved, the refund will be provided to the developer, and then deducted from the price of the property. (Source)

If you would like a personal consultation regarding your application for the Help-to-Buy Scheme, our experienced team would be happy to help. Contact us by calling 021 427 1006, freephone 1800 396396, or email maharvey@martinharvey.ie.

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