What is a personal injury claim?
In scenarios where a person is involved in an accident that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue a personal injury claim.
How do I start a personal injury claim?
The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Personal Injuries Assessment Board (PIAB) for an assessment of your claim. You will be required to complete a PIAB Form A in order to start the claims process. Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) do this on your behalf.
How is compensation calculated?
A compensation amount is calculated by taking into account the following aspects: 1) Loss of wages, if absent from work due to injury,
2) Future loss of earnings, if absent from work for a long period of time, 3) Medical expenses resulting from the injury, 4) Future medical expenses resulting from the injury, 5) Out of pocket expenses. In order to calculate your compensation, the PIAB will refer to the Book of Quantum for cases being assessed before the 24th of April 2021. However, if your claim is assessed on or after the 24th of April 2021, the PIAB will now refer to the Personal Injury Guidelines. The Personal Injury Guidelines were put into place to help create more consistency across personal injury compensation. In the guidelines the PIAB state that “The Personal Injuries Guidelines deal with a wide range of injuries in terms of General Damages, which are the amounts awarded for pain and suffering in relation to an injury where someone else is at fault. They do not change Special Damages, which are costs like medical or travel expenses or compensation for loss of wages”.
What does no win/no fee mean?
Solicitors fees are based on a number of factors:
- Complexity and urgency of your case.
- Paperwork involved- the amount of paperwork, medical records etc.
- The amount of time spent by the personal injury solicitor and their legal assistant on the matter.
- Skill, Knowledge and expertise.
- Whether costs can be recovered from the other will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.
Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease. You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim * is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry, the Law Society of Ireland regulate how a solicitor’s firm can not advertise ‘no win no fee’ services, and any solicitor found to be advertising these services will be found to be in break of regulations. Keep this in mind choosing your solicitor to represent you.
Who pays in a personal injury claim?
In a personal injury claim *, the settlement amount paid to the injured party are generally paid by the company that is found legally liable for their injury. Often, these settlements are paid by the company’s insurance company.
Does a claim affect benefits?
If you settle a personal injury claim * and receive a lump sum payout, it may affect benefits in the future. For example, if you are to be tested in the future, it would consider your income and savings, among other aspects. If you have a lump sum from a personal injury claim payout *, this may affect the results of your means test.
