Back to postPersonal Injury Claim Terminology Explained
Posted in [Blog General Updates Personal Injury Litigation ] on Monday, September 21st, 2026
When making a Personal Injury Claim in Ireland, you may find some of the terminology unfamiliar and perhaps confusing. The guide below aims to clarify some of the more common phrases used in Personal Injury Claims, helping you navigate the process with more confidence.
If you think you may have a Personal Injury Claim and are not sure how to proceed, contact our Personal Injury Solicitors in Cork.
Common Terms Used In Personal Injury Claims in Ireland
- What is an Affidavit?
An Affidavit is a written legal statement of fact sworn under oath. Affidavits are typically used in court proceedings. Both the Plaintiff and Defendant may be required to submit an Affidavit during a Personal Injury Claim. An affidavit is sworn in the presence of:
- A solicitor who is authorised to take oaths,
- A Commissioner for Oaths or
- A Peace Commissioner
- What is the Book of Quantum? (Note: now replaced)
Up to 2021, the Book of Quantum was a general guideline for the amount of compensation an individual might receive for their injury. The Book of Quantum was used by the PIAB to assess damage and was replaced by the Personal Injuries Guidelines.
- What is contributory negligence?
In Ireland, it is possible to make a Personal Injury Claim even if you are partly to blame for your injury. This is known as Contributory Negligence and may impact the compensation awarded. Consult with a Personal Injury Solicitor, such as Cantillons Solicitors, for guidance in relation to how Contributory Negligence may impact your claim.
- What is a Defendant?
The Defendant is the person or entity alleged to be at fault and against whom the claim is being made.
- What is an Expert Witness?
An Expert Witness is a specialist consulted during Personal Injury Cases to give evidence in support of a claim. Your Personal Injury Solicitors in Cork will assist you in identifying the appropriate Expert Witness.
- What are General Damages?
General Damages in a Personal Injury Claim refers to compensation paid for pain, suffering, and loss of quality of life.
- What is a Letter of Claim?
A Letter of Claim is a formal letter sent to the alleged wrongdoer (alleged Defendant), outlining the details of the injury and intention of the injured party to make a claim. A Letter of Claim is sent to the alleged defendant (or their insurer) by the Personal Injury Solicitor on behalf of their client.
- What is Litigation?
Litigation is the legal process of taking a case through the Courts.
- What is Loss of Earnings?
Loss of Earnings refers generally to income lost by the Plaintiff due to the injuries they have received.
- What is Negligence?
Negligence is generally the failure to take reasonable care, resulting in damage or injury to another person. Examples might include:
- an employer who neglects to implement the appropriate health and safety requirements;
- a City Council who repairs a footpath badly, resulting in a trip hazard being formed;
- a driver who drives dangerously;
- A Doctor or Hospital that is negligent in the care of a patient.
- What is an Out of Court Settlement?
An “Out of Court Settlement” occurs when the parties involved in a case (i.e. the Defendant and the Injured Party) agree on compensation without proceeding to a Court hearing.
- What is Occupiers Liability?
Property owners (and occupiers) have a legal responsibility to keep their premises safe for all visitors/users. This applies to both business and private properties.
- What is the Personal Injuries Assessment Board (PIAB)? (Note: now referred to as Personal Injuries Resolution Board (PIRB))
PIRB is an independent state body that was set up to simplify the process of resolving Personal Injury Claims. PIRB evaluates and assesses the Personal Injury Claims. It aims to relieve pressure on the Irish court system.
In Ireland, all Personal Injury Claims must, in the first instance, generally be submitted to the PIRB. This includes personal injuries caused by road traffic accidents (for example, a whiplash injury arising from a car accident), accidents in the workplace and accidents that occur in public places.
Your Personal Injuries Solicitor can assist you with the PIRB process.
- What are Personal Injuries Guidelines?
In 2021, the Personal Injury Guidelines replaced the Book of Quantum as the guidelines used to assess compensation for Personal Injury Claims in Ireland. These Guidelines ensure a standard compensation amount for similar injuries.
- What is a Plaintiff?
A Plaintiff is the person who makes the Personal Injury Claim, also referred to as the injured party. If you are making a Personal Injury Claim, then you are the Plaintiff.
- What are Psychological Injuries?
It is not uncommon for a Plaintiff to experience emotional or mental harm as a result of an accident or damaging incident. Conditions such as Anxiety and PTSD are classed as psychological injuries.
- What are Special Damages?
An injured party can claim, through their Personal Injury Claim, compensation for financial losses, such as medical expenses, lost income, and travel costs arising from the injury.
- What is the Statute of Limitations?
There are strict time limits within which Personal Injury Claims must be taken. This time frame is called the Statute of Limitations. Generally speaking, the time limit is two years, but on occasion, the time limits may be shorter or longer. For example,
If you have suffered an injury, you should contact a member of our team as soon as possible.
Get started with your claim by contacting Cantillons Personal Injury Solicitors, Cork on 021 427 5673 or info@cantillons.com.
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 experienced and friendly team by using the contact form below, or call us at Cork tel:+353214275673 or email us at info@cantillons.com for more information.
Please Note
In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Personal Injury Solicitors Cork” or “no win no fee Personal Injury Solicitors Dublin”. This term can be misleading, and you must discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.