Medical Negligence

Personal Injury Claims


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Claiming Compensation for an Injury

Making personal injury claims in Ireland and claiming compensation for an injury caused by somebody else´s lack of care is something that should never be attempted without the assistance of a personal injury claims solicitor.

Even though the Injuries Board exists to simplify the compensation claims process in Ireland, failing to communicate the full extent of your injuries on the Injuries Board application for assessment can affect how much compensation for a personal injury you receive.

The Injuries Board provides a worthwhile service for the quick resolution of simple personal injury claims, but can only calculate the value of applications for assessment based on the information provided to them.

If, for example, you are claiming compensation for an injury which has affected your ability to drive, and you fail to advise the Injuries Board of the fact, the settlement of your claim for personal injury compensation will not include this factor – even though your inability to drive because of somebody else´s carelessness might prevent you from enjoying your usual pastimes or attending social events, or means that you have to pay for public transport to go to work.

What can be included in Personal Injury Claims?

The compensation claims process in Ireland varies depending on the nature of your injuries and their cause, but there are four basic considerations that should be taken into account when claiming compensation for an injury in Ireland.

1. General Damages for a Physical Injury

The physical nature of your injury will be assessed according to the Form B Medical Report submitted with your application for assessment to the Injuries Board. A further, independent, medical examination may be required to assess the rate at which you are recovering from your injuries, and then the two medical reports are used in conjunction with the Book of Quantum to produce a value for general damages for a physical injury.

2. General Damages for a Psychological Injury

If you are diagnosed with a psychological injury due to the nature of the accident in which you were injured, this should also be included when claiming compensation for an injury. Psychological injuries do not always manifest immediately, and can often develop during your recovery. Therefore, a solicitor may recommend delaying the submission of personal injury claims until all the consequences of an injury become apparent.

3. General Damages for the Inconvenience of Incapacity

Compensation for the inconvenience of incapacity (or ‘Loss of Amenity’ as it is sometimes called) takes into account your lack of ability to participate in your usual pastimes and hobbies because of your injuries. Effectively, these are the non-financial changes that you have had to make to your lifestyle and they are particularly difficult to communicate on the Injuries Board application for assessment – irrespective of whether you are completing your application online or on the paper form.

4. Special Damages for Expenses and Costs

This is another area of the Injuries Board application where there is no guidance relating to what can and what cannot be included in personal injury claims. Claim too much and the negligent party will reject the Injuries Board´s assessment, claim too little and you are reducing the value of your compensation settlement. Special damages should account for anything you have spent – or any income you have lost – which is directly attributable to your accident and injury. Your financial position should not be allowed to suffer because of somebody else´s lack of care.

Not all of the above considerations will apply in every claim for personal injury compensation and there will be occasions when other factors have to be taken into account to ensure you receive a fair settlement of your claim. It is unrealistic for a plaintiff to be aware of all these factors – especially when they have just experienced a painful and debilitating trauma – and it is a primary reason why you should consult a personal injury claims solicitor when claiming compensation for an injury.

Alternatives to the Injuries Board Compensation Claims Process in Ireland

It is not always necessary to submit an application for assessment to the Injuries Board when claiming compensation for an injury, as there are alternatives to the Injuries Board compensation claims process in Ireland.

Most frequently, personal injury claims are resolved by negotiation with the negligent party´s insurance company, and this not only reduces the length of time it takes to complete the compensation claims process in Ireland but can also result in a higher settlement of personal injury claims.

Medical negligence claims for compensation will be rejected by the Injuries Board, and a solicitor would have to guide you through the compensation claims process in Ireland which is most appropriate to the nature and cause of your injury (in some cases, this may mean court action).

It may also be the case that personal injury claims are resolved against an individual who has a high excess on their insurance policy (a lot of employers have high excesses to reduce the cost of their insurance premiums) and this is another scenario in which it would be definitely in your best interests to engage the services of a solicitor to negotiate on your behalf.

The compensation claims process in Ireland becomes further complicated when claiming compensation for an injury to a child or person with impaired cognitive ability, and you will need to services of a solicitor in these circumstances to be accepted as a “next friend” by the courts to represent the plaintiff, and to have the settlement of the plaintiff´s personal injury compensation claim approved.

Free Legal Advice about Personal Injury Claims in Ireland

The content of this page is intended to provide a little information about the compensation claims process in Ireland and things to consider when claiming compensation for an injury. However; no two personal injury claims are ever identical, and it is always in your best interests to take advantage of free legal advice – even if ultimately decide not to proceed with a claim for personal injury compensation.

Therefore, you are invited to call our trusted and experienced personal injury claims advice service for free legal advice without obligation or cost, and get answers to any questions you may have and impartial advice that you might not receive from emotionally involved family and friends.