The Statute Of Limitations For Personal Injuries In Ireland

The Statute of Limitations for Personal Injuries in Ireland is a law that determines a specific timeline within which Personal Injury Claims (including Medical Negligence Claims) can be made.

In general, the law states that a person has two years from the date of the injury to take a case. However, there are exceptions to this; if you are unsure about your eligibility to claim compensation following an accident or injury, consult with our Personal Injury Solicitors, Cork.

Why Is There A Statute Of Limitations For Personal Injuries Claims In Ireland?

Although it may seem unfair to limit someone to two years to make a claim, the reasoning behind the Statute of Limitations encourages balance. Namely, a balance between fairness and the right to seek justice. The balance considers:

1.   Timeliness

By creating a timeline within which people can bring a Personal Injury Case, the facts are fresh and can still be verified.

2.   Fairness To Claimants

By encouraging swift action within the allowed time limits, evidence and witnesses may also be easier to track down.

3.   Fairness To Defendants

Without a Statute of Limitations, Personal Injury Claims that relate to age-old incidents could technically be brought against individuals and businesses. In this scenario, people could live indefinitely under the threat of a lawsuit.

With a Statute of Limitations in place, claims are processed quicker, and all parties can move forward with their lives.

When Does The Two-Year Statute of Limitations Start?

Generally speaking, the two-year period begins on the day of the incident. For example, the day of the car crash that caused an injury.
However, there are exceptions to the 2-year period, including:

1. DATE OF KNOWLEDGE

One of the exceptions to this general two-year rule is that the two years are deemed to run from the date of knowledge of negligence, where the negligence is not immediately apparent.

The date of knowledge of negligence can often arise in a fatal case, where a person dies because of possible medical negligence.  It is important to note that the two years begin to run, not necessarily from the date of death. If the knowledge of the negligence is earlier, then the two years begin to run from then.

Date of knowledge cases are not straightforward in our experience, and it would be important to get advice from a Personal Injury Solicitor at Cantillons Solicitors to best advise where the two-year primary period has expired.

2. INJURED PARTY IS UNDER 18

Another exception is where the injured party is a Minor, namely is under the age of 18.

The two years will only begin to run against the Minor when he/she reaches the age of 18 and when he/she can bring a claim in his/her own name before his/her 20^th birthday (i.e. he/she has two years post attaining his/her majority (18) within which to claim).

It should be noted that if a potential Defendant suffers prejudice by reason of delay in launching proceedings, they can seek to halt the proceedings on the basis of delay. In cases involving children it is possible for a parent of the child to bring the case on their behalf soon after the injury.

3. LACK OF MENTAL CAPACITY

Where an injured party lacks mental capacity to manage his/her affairs,  then the time limit may be suspended for the duration of the incapacity.

To speak to experienced Personal Injury Solicitors in Cork and Dublin about your Personal Injury Claim, contact our Dublin or Cork office today.

What Type of Personal Injury Claim is Subject To The Statute of Limitations?

The statute of limitations applies to all types of Personal Injury Claims, including:

• Workplace Injury Claims – these are claims made by employees who have been injured while at work or in the course of their employment.
• Road Traffic Accident Claims – these are claims made by drivers, passengers, road users, or pedestrians.
• Public Liability Claims – these are claims arising from injuries suffered from, for example, a trip, fall or slip in public places.
• Psychological Trauma Claims – along with physical injuries and ailments, personal injury claims also cover mental harm.
• Fatal Injury Claims – these are claims, usually made by the family members of a deceased person, when their death is caused by negligence.

Contact Cantillons Solicitors For Advice Today

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”. 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.