If you have been injured in an accident that was not your fault, you may be entitled to bring a Personal Injury Claim. It is important to work with a Solicitor with expertise in Personal Injury cases to ensure that you have the best chance of bringing a successful claim and achieve the highest compensation you may be entitled to. Our experienced team at Cantillons Solicitors can help you through the process. In each decade since 1980, Cantillons Solicitors has represented clients who have achieved the highest awards in those decades for injuries.
A Personal Injury Claim is a claim for compensation for the injury, loss and damage suffered by a person which arose out of the fault of another person. Personal Injury Claims often arise out of traffic accidents, including where you were a pedestrian or cyclist, a workplace injury or an injury that occurred in a public place or on private premises. It includes compensation for the injuries you have sustained, as well as your medical costs and any loss of income that you have incurred as a result. A claim for a life-changing injury will also consider future costs that are necessary to enable you to alter your home, for example, or living costs if you are unable to return to your job or need specialised nursing care.
If you have had an accident resulting in injury, and believe that another person or organisation was at fault, you may be able to make a Personal Injury Claim. The first step is to talk through your situation with a member of our experienced team at Cantillons Solicitors. We have the experience to assist and guide you with the bringing of your claim. We gather all of the evidence required and take time to understand the matter from your perspective. Working with experienced personal injury Solicitors, such as Cantillons Solicitors, will mean that we will be able to achieve a better outcome, and thus the claim is more likely to be successful, and the damages awarded greater than might be obtained when working with a less experienced Solicitor.
The Law provides that you should notify the wrongdoer of your intention to claim within two months of the accident occurring, unless there is good reason not to do so.
There are strict time limits within which personal injury actions must be taken. Generally speaking the time limit is two years but on occasions, the time limits may be shorter or longer. If you have suffered an injury, you should contact a member of our team as soon as possible.
The Injuries Board / Personal Injuries Assessment Board (PIAB), is the independent statutory body responsible for dealing with personal injury claims in Ireland. Any personal injury claims in Ireland will be submitted to the PIAB, except those cases that involve medical negligence.
If you believe that you may be eligible to make a claim for compensation for an injury that was not your fault, you should speak to an experienced personal injury Solicitor. Cantillons Solicitors will help you to gather the necessary evidence and documentation that is required, including medical reports, and we will submit your Injuries Board application form.
Once the application has been submitted, it will be acknowledged and we will assist you in dealing with the Injuries Board. For example, if additional information is required, we will assist you with that. The Injuries Board will notify any other parties involved with your claim, issuing them with a copy of your application form and medical report. Once registered with the Injuries Board, the 2 year time limit period will be stopped, so that your claim can be assessed.
To assess a claim, the Injuries Board will consider your medical reposts, and they may also send you to their Doctors/Experts for their views on the extent of your injuries.
Not all claims are assessed. For example, if the injury is largely psychological, the Injuries Board will usually decline to assess it. That does not mean that your claim fails, but rather it means that you have to go to the next step of taking Court Proceedings. Also, sometimes the wrongdoer may object to the Injuries Board assessing a claim, and, in those circumstances, the claim will not be assessed. Also, if the prognosis for your injuries is uncertain, the Injuries Board may also decline to assess it.
When considering the amount of compensation to be awarded to you for your injuries, the Injuries Board will refer to the ‘Book of Quantum’. This is a book which sets out various injuries and the amount of compensation likely to be awarded for those injuries. As well as considering the amount of compensation to be awarded for your pain and suffering arising from your physical and psychological injuries, they will take into account of such items as:
Some types of injury will be more straightforward than others in terms of calculating compensation, and your Solicitor will help you to work out whether the settlement you are offered is sufficient, or whether the future impact of the injury on your life is likely to have been underestimated.
When your claim has been assessed, if successful, you will receive a compensation offer, which (if you accept the award), will be paid to you by the party found to be at fault in your case. You will have 28 days to decide whether or not you wish to accept this offer, and failure to respond in this time will result in an automatic rejection of the offer. The party at fault has 21 days to accept or reject the offer. We will discuss this offer with you and advice you on whether or it is an appropriate amount of compensation for the injuries you suffered. When advising you on this, we will consider the ‘Book of Quantum’ and also, from our experience, what a Court is likely to award you for your injuries.
At this stage, having consider the assessment, it is open to you to accept or to reject the Injuries Board assessment.
If both parties accept the assessment, then you should receive your settlement payment, and your case will be considered to be settled, which means you cannot make another claim in the future if your injuries develop or become life limiting.
If either party rejects the assessment, the next step, should you wish to do so, is to bring court proceedings, where a Judge will decide the outcome of your case. If the matter is to proceed down the Court road, we will draft court proceedings and represent you in Court. We will obtain the highest award possible in your case, either through settlement, negotiation, mediation or Court award.
Many people worry about how much it will cost them to make a personal injury claim, and this can be off-putting. However, it is important to take legal advice to ensure that you make the best decision for you. Many companies offer a no win, no fee option, but this terms can be misleading and it is essential that you discuss fees with the Solicitor you ultimately choose. Please note that, in contentious business, a Solicitor may not calculate fees or other charges as a percentage of any award or settlement.
In order to make a personal injury claim, you will need to provide your solicitor with certain information, including:
Your Solicitor will help you to obtain this information such as your medical records, and will work with you to compile your Personal Injury Claim.
Cantillons Solicitors are Personal Injury Solicitors in Cork. We believe in tailoring our service to suit each unique client. We are committed to positive outcomes in every case, and we will be happy to work with you for the very best results in your personal injury claim.
Please contact our friendly team on +353 (0)21 4275673 or email us at [email protected] for more information.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.