Time is of the Essence – Timelines involved in Personal Injuries Claims

Client’s often ask ‘how long will my claim take’. It is a straightforward and reasonable question. The answer, however, is anything but and really is a case of ‘how long is a piece of string’.

There are, however, a few key dates and factors involved in a Personal Injury case and the below will provide guidance on what timelines to expect when bringing a claim.

Statute of Limitations:

Generally speaking, the law allows two years (less a day) to bring a Personal Injury claim. Therefore, if an accident occurred on the 1^st of January 2025 a claim must be brought by the 31^st December 2026. Obviously, the sooner you take action after the accident date, the quicker your claim is likely to resolve. The first step of the claim is to lodge an Application with the Personal Injuries Resolution Board which must be accompanied by a medical report. The readiness to submit the Application will depend on how quickly the medical report is received.

Personal Injuries Resolution Board (The PIRB):

Once the PIRB  has received the completed Application they will acknowledge the claim as complete or will seek further information. This is usually done within a matter of weeks. Once the claim has been deemed complete, the Respondent (against whom the claim is taken) will be notified that the claim has been brought against them and they will be given the opportunity to decide whether or not they wish for the PIRB to assess the claim. Once notified, the Respondent(s) are given 90 days in which to decide this. If the Respondent declines to have the claim assessed an Authorisation will issue allowing the Court process to begin.

In the event that the PIRB assesses your claim, it can take anywhere in the region of nine to twelve months. The PIRB can also extend the time for a further period of six months without consent. Once the claim is assessed, both parties will be given the opportunity to reject or accept the assessment. If both parties accept, then the claim is concluded. If either party reject the assessment, an Authorisation issues and the Court process as outlined above begins.

The Court Process:

Once the Court process begins the timelines involved will hugely vary. While generally speaking, the same procedural formula is followed in bringing cases to conclusion, there are a number of external factors which will determine how quickly a matter is finalised. Generally, cases can settle within a couple of months to a number of years after being released from the PIRB, depending on the individual circumstances of the case.  For example, cases where liability is admitted (the other party has accepted fault) or where the injury is resolved tend to resolve far more quickly than a case where there is a liability dispute or where the recovery is protracted. Cases in which liability is disputed will involve more extensive investigations  to include the collation of expert reports and seeking discovery, a paper and time heavy court process. Indeed, cases where the injury is protracted will involve the commissioning of medical reports and time will be required to be able to fully identify the total extent of the injury suffered.

There is a procedural format for Personal Injuries Claims. It goes without saying the further down the procedural path a case goes, the longer it will take to resolve. In saying that, at any stage in proceedings, an offer to enter into negotiations to settle the claim can be extended. If talks are successful, the case concludes.

Generally, the vast majority of Personal Injuries cases will settle out of Court. There is however, no guarantee of this. If settlement talks prove unsuccessful, or indeed have not been offered, and all investigations are complete, the matter will be set down for trial. Depending on the Court where  the matter is due to be heard, be it provincial or otherwise, it may take a number of months to receive a hearing date. The case will be assigned a number of days in which to be heard, as required.

Therefore, as you will see, there is no particular rule of thumb and every case will follow their own timeline when released from the Personal Injuries Resolution Board. Your solicitor will of course endeavor to resolve the matter as speedily as possible on your behalf.

Expedited Cases:

In certain exceptional circumstances an Application may be required to seek the Court’s leave to have the matter Expedited and Case Managed. This would involve cases where there the prognostic outlook is poor or perhaps the Plaintiff (the person taking the case) is of a great age. This will of course be a matter for the Court to decide. If an Application to Expedite/Case Manage is granted deadlines will be set for procedural matters to be complied with, with a view to resolving matters at a far speedier pace. Consideration will be given to whether an Application of this nature is required depending on the circumstances of each individual case.

 If you are looking for a personal injury Solicitor,  please contact Cantillons Solicitors using the contact form below.  Our office is located at 39 South Mall, Cork. Contact us at Cantillons Solicitors at Cork  +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email info@cantillons.com  if you would like more information.