Personal Injury Litigation – Dublin
If you have been injured in an accident that was not your fault, you may be entitled to claim compensation through a Personal Injury Claim.
Working with experienced Personal Injury Solicitors, such as Cantillons Solicitors, will give you the best chance of making a successful claim and being awarded a sufficient amount of compensation.
Cantillons Solicitors have represented clients who have achieved some of the highest awards for Personal Injuries Claims in Ireland since 1980.
The experienced team of Personal Injury Solicitors at Cantillons Solicitors can help you throughout the claim process.
Contact our Personal Injury Solicitors Dublin office at 01 264 1802 or at info@cantillons.ie.
What is a Personal Injury Claim?
A Personal Injury Claim is a compensation claim for injuries, loss or damage suffered by a person which arose out of the negligence/fault of another person.
In a Personal Injuries Claim, the injured person (or their parents in the case of minors) seeks compensation for the injuries suffered, as well as any medical costs or other expenses (for example, loss of earnings) that have been incurred as a result of the accident. A compensation claim will also include any future costs that will be required, such as alterations to your home or care costs if you are unable to look after yourself.
Types of Personal Injury Claims
There are many types of Personal Injury Claims, including:
- Road Traffic Accidents Claims
Injuries sustained in cars, on motorcycles or bicycles, or as a pedestrian.
- Workplace Injuries Claims
Accidents occurring at work due to negligence or unsafe conditions.
- Public Liability Claims
Injuries arising from accidents in public places like parks, sidewalks, or public buildings due to negligence – for example, tripping on a faulty and dangerous footpath.
- Product Liability Claims
Injuries caused by defective products (for example a chair provided in a restaurant which collapsed).
- Slips, Trips, and Falls Claims
Accidents resulting from hazardous conditions on premises – for example, slipping on a wet floor in a shop.
- Assaults and Criminal Injury Claims
Physical or psychological harm caused by criminal acts, including assaults at work – for example, a Nurse being assaulted by a Patient.
Each type of Personal Injury Claim requires specific legal expertise to ensure that adequate compensation is obtained for the injured party.
Cantillons Solicitors have experienced Personal Injuries Solicitors who can help you with these types of Claims.
Are Personal Injury Claims and Medical Negligence Claims Different?
Medical Negligence Claims are a specialised subset of Personal Injury Claims.
A Medical Negligence Claim is a claim for compensation arising from injuries suffered because of an error made by Medical Professionals, Private Hospitals and/or the HSE. The term Medical Negligence is also often used when referring to Dental Negligence.
It involves situations where Healthcare Professionals, such as Doctors, Dentists, Nurses, or Hospitals, fail to provide the standard of care expected, leading to patient harm.
Our team at Cantillons Solicitors are highly experienced in both Personal Injuries Claims and Medical Negligence Claims. Should you wish to know more about Medical Negligence, please click here.
Who Can Make a Personal Injury Claim?
If you have had an accident, or been injured, and you believe that another person or organisation was at fault, you may be able to make a Personal Injury Claim.
Personal Injury cases can be complex and your Personal Injury Solicitors will help you to gather all the evidence required and discuss your unique situation. No one’s Personal Injuries Claim is the same.
Working with experienced Personal Injury Solicitors, such as Cantillons Solicitors, makes it much more likely that your claim will be successful.
What are the time limits for a Personal Injury Claim?
Personal Injury Claims must be made within strict time limits, usually within 2 years of the accident/injury occurring.
Sometimes, the time limits may be shorter or longer. For example, if the injured party is a minor (under the age of 18), the 2-year time limit does not start to run until their 18th birthday.
Once the claim period has passed, you will no longer be entitled to any compensation.
If you have been involved in an accident, it is best to get advice as soon as possible to ensure you fall safely within the time limits. Also, by seeking advice as soon as possible, you reduce the risk of evidence being misplaced or forgotten.
How do I make a Personal Injury Claim in Ireland?
If you think that you may be eligible to bring a Personal Injury Case, you should speak to an experienced Personal Injury Solicitor.
When you make a Personal Injury Claim, you will need to supply detailed information about your case to your Personal Injury Solicitor. This information will include:
- Your personal details, including full name, address, occupation, date of birth and PPS number.
- Full details of the accident.
- Any photographs that were taken at the time.
- Details of any witnesses.
- Details or description of the person or organisation that you believe to be at fault.
- Details of your injuries and details of any existing medical conditions or previous injuries.
- Any expenses that you have incurred because of the accident.
It can be difficult to obtain information such as your medical records. Here at Cantillons Solicitors, our Personal Injury Team will help you to gather all the evidence and documentation you will need, including your medical records and reports, and we will submit your Injuries Resolution Board Application Form to the Personal Injuries Resolution Board Application Form on your behalf.
What is the Injuries Resolution Board / Injuries Board / Personal Injuries Assessment Board (PIAB)?
The Personal Injuries Resolution Board (formerly the Personal Injuries Assessment Board (PIAB)) is an independent statutory body that is responsible for dealing with Personal Injury Claims in Ireland in the first instance. The Injuries Resolution Board is most commonly referred to as the Injuries Board or PIAB.
Most Personal Injury Claims must be submitted to the Personal Injuries Resolution Board (PIRB). This includes claims arising from road traffic accidents (for example, a whiplash injury arising from a car accident), accidents in the workplace and accidents that occur in public places.
Medical Negligence claims do not have to be submitted to PIRB. However, if a claim arises from a defective medical device (such as a hip implant or vaginal mesh) then an application to PIRB may be necessary.
Are all Personal Injury Claims assessed?
Once the PIRB Application Form is submitted, Cantillons Solicitors will continue to assist you throughout the process. For example, if additional information is required by the PIRB, we will help you to understand what is needed and to obtain and submit it. Cantillons Solicitors will manage any correspondence on your behalf.
The Injuries Resolution Board will notify any other parties involved with your claim and will issue them with a copy of your application form and the medical report.
To assess claims, the Injuries Board considers your medical reports. They may request that you visit their Doctors or experts to obtain a second opinion on the extent of your injuries.
It is also possible that the party you are claiming against may object to the Injuries Board assessing the claim. If this happens, the compensation claim will not be assessed by the PIRB and you will be allowed to proceed with your claim through the Courts.
Further, if the prognosis for your injuries is uncertain, the Injuries Board may decline to assess it.
What Factors Do The Injuries Board Take Into Account?
When considering a claim, the Injuries Resolution Board will consider many things, for example. Below are some of the matters to be considered when a claim involves a back injury:
The Injuries Resolution Board will also take into account other factors, including medical costs (past and future), expenses, and loss of earnings (past and future).
If your claim is successful, you will receive an offer of compensation, which will be payable by the party at fault. If both parties agree to accept the offer, an Order to pay will be issued. Cantillons Solicitors will guide you through this process.
Once assessed, how much compensation will I get for my Personal Injury Claim?
If the claim is assessed, the Injuries Resolution Board will advise all parties of their decision and what they believe the level of compensation to be paid is. It is then up to all parties to either accept or reject the assessment.
How much compensation is received depends on the injuries suffered and the amount of out-of-pocket expenses claimed.
When considering the level of compensation, the Personal Injuries Assessment Board (or Personal Injuries Resolution Board) will refer to the Personal Injuries Guidelines. The Guidelines replace the Book of Quantum.
Below is an example of the compensation suggested by the Personal Injuries Guidelines for “minor” knee injuries:
What Happens If The Compensation Offer Is Rejected?
If either party rejects the offer, then an Authorisation will be issued, and the next step is to start the Court process.
Some injuries are more straightforward than others in terms of calculating compensation. Your Solicitor will use their legal expertise to evaluate whether the settlement you have been offered is adequate or whether the future impact of the injury on your life may have been underestimated.
Your Solicitor will consider the Personal Injuries Guidelines and may be able to estimate what a Court is likely to award you for your injuries, based on their experience.
How much are the legal costs for Personal Injury Claims?
Many people are put off making a Personal Injury Claim because they are worried about the costs that may be incurred. It is very important that you discuss legal costs with your Personal Injuries Solicitor before you bring a claim.
You may see offers including a “no win no fee Personal Injury Claim Dublin”, but it is important to be aware that this can be misleading and could result in you being responsible for the costs of, for example, the other party.
Examples Of Our Personal Injuries Claim Success Stories
Every Personal Injury Claim brought to Cantillons Solicitors is different.
Behind every traffic road accident, serious injury, work accident, or personal injury caused by negligence is a person whose life has been changed forever.
At Cantillons Solicitors, our Dublin Personal Injury Solicitors are dedicated to helping those people receive the compensation they deserve – guiding them through each stage of the process from the initial meeting to court proceedings.
Below are some examples of the Personal Injuries Cases Cantillons Solicitors have been involved in.
- Road Traffic Accident
Patrick O’Leary suffered a traumatic brain injury in a car accident when he was a baby. The High Court case settled for nearly €10m. Cantillons Solicitors, representing Patrick, secured the settlement.
- Workplace Accident
Bin man settles case over brain injury suffered at work for €3.5m (Source: The Irish Times)
Benjamin Heffernan, while working in Refuse Collection, suffered severe injuries from being propelled from a waste disposal van. With the help of Cantillons Solicitors, the High Court case settled for €3.5 million.
- Personal Injury Cases – Assault at Work
Mark Lahive was severely injured following a crowbar assault while at work. Mark faced unfounded negligence claims from his employer and business park operators. Cantillons Solicitors highlighted the distress these allegations caused Mark and his family and these were withdrawn as part of the settlement. With the help of Cantillons Solicitors, the High Court case settled for €2 million.
Personal Injury Claim FAQs
What is a Product Liability Claim?
A Product Liability claim is a legal action brought against a manufacturer, seller, or distributor of a product for injuries or damages caused by a defective product.
Product liability law holds these parties responsible for ensuring that their products are safe for their intended use. Claims typically arise from defects in design, manufacturing flaws, inadequate warnings or instructions, or breaches of express or implied warranties.
Product Liability Claims also arise in a medical context – for example, if you have suffered injuries because of a defective medical product, such as a Knee Replacement, you may be able to bring a Product Liability Claim.
Victims of such defects may seek compensation through a Product Liability Claim.
What qualifies as a Personal Injury Claim?
Personal injury claims arise when someone suffers harm or injury due to another party’s negligence or wrongful conduct. This can include accidents such as car crashes, slip and falls, workplace injuries, or medical negligence.
How do I know if I have a valid personal injury claim?
You may have a valid claim if you were injured due to someone else’s negligence or intentional actions. Consulting with a Personal Injury Solicitor, such as Cantillons Solicitors, can help evaluate the circumstances of your case.
What should I do immediately after an injury?
Seek medical attention promptly, even if injuries seem minor. Document the incident by taking photos, making a note of the circumstances of the accident, collecting witness information, and reporting it to the relevant authorities or property owners if applicable.
How long do I have to file a Personal Injury Claim?
In Ireland, Personal Injury Claims typically have a limitation period of 2 years from the date of the incident. However, on occasion, the time limits may be shorter or longer. For example, in some cases, claims can be brought later than the two year time period. For instance, if an employee is exposed to a chemical that causes illness, but the connection is not made until much later.
Sometimes, establishing the “start date” of the time limit is not easy. It’s important to consult a solicitor promptly to ensure your claim is filed within this timeframe.
What compensation am I entitled to in a Personal Injury Claim?
Compensation ( also known as “damages”) can cover pain and suffering, medical expenses, lost wages, rehabilitation costs, and other related expenses. The amount varies depending on the severity of injuries and the impact on your life from the time of the accident/injury and into the future.
Do I need a Solicitor for a Personal Injury Claim?
While you can handle a claim yourself, having a Personal Injury Solicitor can significantly improve your chances of success, and of achieving the most appropriate level of compensation for your injuries. They provide legal expertise and experience and will give you guidance throughout the process from start to finish.
Will my case go to Court?
Many Personal Injury Claims are settled through negotiation without going to Court. However, if a fair settlement cannot be reached, your Solicitor may advise pursuing litigation to seek compensation through a Court trial.
How much will it cost to hire a Personal Injury Solicitor?
Many Solicitors offer initial consultations for free and work on a “no win, no fee” basis (also known as “conditional fee agreements”). This term can be misleading, and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent with our fees from the beginning.
Can I claim if I was partially at fault for the accident?
Yes, you may still be eligible to claim compensation even if you were partially at fault, depending on the circumstances. If you were found to be partially negligent, your compensation may be reduced based on your degree of fault.
What if the person responsible doesn’t have insurance?
In cases involving road traffic accidents and car crashes, where the responsible party is uninsured or underinsured, compensation may still be pursued through other avenues, such as the Motor Insurers’ Bureau of Ireland (MIBI).
Personal Injury Solicitor Dublin
Contact Cantillons Solicitors
Cantillons Solicitors are Personal Injury Solicitors in Dublin. We tailor our services to suit each unique client.
We are committed to getting the very best possible outcome in every case, and we will be happy to work with you to resolve Personal Injury Claims.
Please contact our personal injury solicitors in Dublin by using the contact form below, or call us at Dublin +353 (0)1 264 1802 or email us at info@cantillons.com for more information.
Dublin Address:
Cantillons Solicitors, Ormond Building, 31-36 Ormond Quay Upper Dublin 7. D07 EE37
Dublin Office Phone Number: 01 264 1802
* 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 Solicitors Dublin”. This term can be misleading, and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.