How do personal injury claims work?

If you have suffered a personal injury caused by the negligence of someone else you are entitled to be compensated by them for the damage that they have caused you. This is your legal right. You are obliged to notify the person you believe is responsible for the injury in writing within one month. You must then lodge a claim with the Personal Injuries Assessment Board ( PIAB ) within two years of the incident giving rise to the injury. If the PIAB issues an assessment that is acceptable to you and the other party the matter ends there. If not, the claim can then be pursued by court proceedings.

How many personal injury claims go to court?

Very few personal injury claims go to court. All claims must first be submitted to the Personal Injuries Assessment Board (PIAB) and most claims are resolved at that stage. If the claim is not admitted by the person you believe is responsible, or if the amount awarded by the PIAB is not acceptable to you, you may then proceed to court proceedings in respect of your claim. Even then, however, most court proceedings are settled before the case is ever heard in court and only a very small percentage of overall cases ever end up on in court.

Is there a time limit to making a personal injury claim?

You are obliged to notify the person you believe is responsible for the injury in writing within one month. You must then lodge a claim with the Personal Injuries Assessment Board (PIAB) within two years of the incident giving rise to the injury.

Can I make a personal injury claim for emotional distress?

If you suffered a physical injury, you are entitled to be compensated for pain and suffering suffered by you as a result and this can include psychological effects that your injuries may have on you. If you have not suffered a physical injury but were physically present when a close relative suffered a serious physical injury, you may be entitled to bring a claim for nervous shock in certain cases.

Do I need a solicitor to make a personal injury claim?

No, you do not need a solicitor to make a personal injury claim. You can lodge a claim to the Personal Injuries Assessment Board without a solicitor. However, it would be prudent to seek legal advice to establish whether the involvement of a personal injury solicitor would be likely to result in a better outcome for you in the circumstances of your case.

Is there an impartial service or helpline for general advice?

All claims in Ireland must be lodged with the Personal Injuries Assessment Board (PIAB) in the first instance. The PIAB is an independent and impartial government body established to assess claims where there is an agreement by all parties to the claim to do so. The PIAB will not provide advice but it will deal with claimants directly without the necessity for a solicitor.

What is meant by personal injury in tort?

Tort is the system of legal liability for wrongs done by one party to another. Negligence is a form of tort and most injury claims are based in negligence. A claim in the tort of negligence arises where one party causes personal injury to another by failing to observe the standard of care that the law expects. For instance, driving a motor vehicle without due care or failing to provide a safe system of work for employees would be regular examples of instances of negligence that give rise to personal injury claims in tort.

What is the role of insurance in personal injury claims?

If the injuries are caused by a road traffic accident, all vehicle owners are obliged to have insurance for this risk. If the accident happened at work or in a public place, all responsible employers or property owners will also have insurance for this purpose. Most claims are then covered by insurance and it is the insurance company that will handle the claim. However, in law, the claim must be made against the insured party who caused the personal injury and not their insurance company.

Personal Injury Claims Solicitors for Ireland

From our offices in Dublin, Cork, and Clonakilty, we assist claimants from across Ireland in bringing successful personal injury compensation claims. Read our extensive guidance on this topic, or ask us a question using our secure website form.

Start Your Claim

Specialist Personal Injury Solicitors in Dublin, Assisting Injured Claimants Across Ireland

McCarthy + Co. is a team of specialist personal injury solicitors with extensive experience in dealing with accident and injury claims. Whether you have been injured and you wish to make a claim immediately or you require more information on the process involved, you can get in touch with us today. Either call us on 1800 390 555, request a callback, or click the Send Us a Message button and we will respond to you with advice on taking the next steps.

If you have suffered an injury that was someone else’s fault, it may be possible for you to bring a compensation claim. You should seek legal advice as soon as possible for the best chance of eventually settling a claim successfully, whether your injury was as a result of negligence on the part of your employer, as a result of a road traffic accident, or a slip or fall in a public space.

An injury could make it difficult or impossible for you to work and could have long-term effects on your health. This could massively affect your quality of life and Irish law offers protection to those who suffer an injury that was someone else’s fault. Our team of personal injury solicitors in Dublin and Cork can provide you with advice and guidance, having worked on a huge number of cases and with a high rate of successfully settling claims. Our team has:

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Over 30 years' experience in bringing successful personal injury claims

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Over 100 verified reviews on TrustPilot with an average rating of 4.9 out of 5

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A friendly, empathetic approach in all cases that we assist with

Speak to our legal team now about your case. Call us Freephone on:

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Our Areas of Expertise

Our solicitors are highly experienced in all types of injury claims, including:

Accident at Work Claims

Read our general guidance regarding workplace accidents, your rights, and your employer’s responsibilities.

Road Traffic Accident Claims

If you have been involved in an accident on the road as a pedestrian or within a vehicle, find out what the next steps are in bringing a claim.

Serious Injury Claims

If you have suffered a serious injury due to the negligence of a third party, find out how much compensation you could be entitled to.

Home & Public Injury Claims

If you have sustained an injury within your own home or in a public space, find out the steps you need to take to bring these types of claims.

Psychological Injury Claims

If you have sustained a psychiatric injury caused by the negligent or criminal behaviour of a third party, read our guidance on bringing these types of claims.

Helpful Information

Our personal injury team has put together a range of resources aimed at anyone looking to bring an injury claim in Ireland.

Highly rated on TrustPilot

Read the latest reviews written by our happy clients.

Accident at Work Claims

If you’ve experienced an injury at work you may have certain questions in mind regarding your employer’s responsibilities and whether you are eligible to make a claim against them. At McCarthy + Co. we provide expert guidance to a broad range of working professionals including teachers and educational staff; nurses and healthcare assistants; emergency services personnel including firefighters, members of An Garda Siochana and paramedics; as well as those working in a multitude of commercial and industrial environments.

Road Traffic Accident Claims

If you have suffered an injury whilst driving, cycling or walking on a public road or pathway, you may be liable to make a claim against the person responsible for your injury. Our team of personal injury solicitors are highly experienced at instigating claims relating to many different types of road-related incidents including car, motorbike, railway, cycling and public transport accidents as well as specific types of injuries such as whiplash.

Serious Injury Claims

A serious injury can have a devastating impact on the individual who experiences the trauma. If you, or a member of your family, have suffered a serious injury, you may be entitled to make a compensation claim against the liable party. We have a high rate of success in helping individuals to successfully settle claims for many different types of serious injury, including bone fractures; spinal cord injuries; injuries resulting in the amputation of an arm or leg; brain & head injuries; as well as fatal accidents.

Home & Public Injury Claims

If you have suffered an injury at home or in a public space such as a recreational park, you may be liable to make a claim against the product manufacturer, organisation, or third party that you believe to be responsible for your injury. We also have a high rate of success in setting claims relating to holiday accidents; injuries occurring on private or commercial flights; injuries caused by defective products and negligence cases resulting in diseases such as asbestosis.

Psychological Injury Claims

If you have sustained a psychiatric injury due to the negligence of a third party, you may have grounds to bring a claim against them if you are able to prove beyond reasonable doubt that they are the primary cause of your condition. PTSD, severe depression and anxiety are common conditions that can be the basis of an injury claim.

Helpful Information

If you are not yet ready to speak to a solicitor about your accident or injury, we have prepared various items of helpful information that you may find useful for ascertaining your rights and the responsibilities of those who caused your injury. This includes guides to submitting your claim to the injuries board; completing Form A; settling your claim early; and the meaning of vicarious liability.

About McCarthy + Co

Our team of personal injury solicitors have more than 30 years of experience in dealing with injury compensation claims, with expertise in a wide variety of fields including workplace and road traffic accidents. We are a family-run business, and we pride ourselves on offering honest, impartial, and helpful advice.

Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.

Bringing Your Claim

Bringing a compensation claim for an injury that you sustained through no fault of your own is not as daunting as it may seem. Quickly and easily start the process with McCarthy + Co Solicitors LLP today.

CONTACT OUR LEGAL EXPERTS

Whilst you don’t necessarily need a solicitor to bring a personal injury claim in Ireland, over 90% of claimants choose to be represented by one for many good reasons. Above all, our team can help you to win your case and secure a fair settlement for your injury. To get started, simply contact our team and tell us about your case.

get expert guidance & help gathering evidence

Not all cases are straighforward and, in many scenarios, you may find that there is a mountain to climb in terms of proving who was at fault for your injury. At McCarthy + Co, we can help you to gather the evidence, secure expert witness testimonials, and guide you through to securing the compensation that you deserve.

WORK OUT YOUR COMPENSATION & REACH A FAIR SETTLEMENT FOR YOUR INJURY

Many claimants who choose to process a claim without legal advice often end up settling early with a compensation pay out that is derisory. By working with our highly experienced and expert team, we can help ensure that you receive the full compensation that you are entitled to.

Frequently Asked Questions

Below we have documented answers to some of the most common questions that are posed to our personal injury solicitors in relation to the claims process.

How do personal injury claims work?

If you have suffered a personal injury caused by the negligence of someone else you are entitled to be compensated by them for the damage that they have caused you. This is your legal right. You are obliged to notify the person you believe is responsible for the injury in writing within one month. You must then lodge a claim with the Personal Injuries Assessment Board (PIAB) within two years of the incident giving rise to the injury. If the PIAB issues an assessment that is acceptable to you and the other party the matter ends there. If not, the claim can then be pursued by court proceedings.
How many personal injury claims go to court?

Very few personal injury claims go to court. All claims must first be submitted to the Personal Injuries Assessment Board (PIAB) and most claims are resolved at that stage. If the claim is not admitted by the person you believe is responsible, or if the amount awarded by the PIAB is not acceptable to you, you may then proceed to court proceedings in respect of your claim. Even then, however, most court proceedings are settled before the case is ever heard in court and only a very small percentage of overall cases ever end up on in court.
Is there a time limit to making a personal injury claim?

You are obliged to notify the person you believe is responsible for the injury in writing within one month. You must then lodge a claim with the Personal Injuries Assessment Board (PIAB) within two years of the incident giving rise to the injury.
Can I make a personal injury claim for emotional distress?

If you suffered a physical injury, you are entitled to be compensated for pain and suffering suffered by you as a result and this can include psychological effects that your injuries may have on you. If you have not suffered a physical injury but were physically present when a close relative suffered a serious physical injury, you may be entitled to bring a claim for nervous shock in certain cases.
Do I need a solicitor to make a personal injury claim?

No, you do not need a solicitor to make a personal injury claim. You can lodge a claim to the Personal Injuries Assessment Board without a solicitor. However, it would be prudent to seek legal advice to establish whether the involvement of a personal injury solicitor would be likely to result in a better outcome for you in the circumstances of your case.
Is there an impartial service or helpline for general advice?

All claims in Ireland must be lodged with the Personal Injuries Assessment Board (PIAB) in the first instance. The PIAB is an independent and impartial government body established to assess claims where there is an agreement by all parties to the claim to do so. The PIAB will not provide advice but it will deal with claimants directly without the necessity for a solicitor.
What is meant by personal injury in tort?

Tort is the system of legal liability for wrongs done by one party to another. Negligence is a form of tort and most injury claims are based in negligence. A claim in the tort of negligence arises where one party causes personal injury to another by failing to observe the standard of care that the law expects. For instance, driving a motor vehicle without due care or failing to provide a safe system of work for employees would be regular examples of instances of negligence that give rise to personal injury claims in tort.
What is the role of insurance in personal injury claims?

If the injuries are caused by a road traffic accident, all vehicle owners are obliged to have insurance for this risk. If the accident happened at work or in a public place, all responsible employers or property owners will also have insurance for this purpose. Most claims are then covered by insurance and it is the insurance company that will handle the claim. However, in law, the claim must be made against the insured party who caused the personal injury and not their insurance company.

Our Awards & Accreditations

We are a multi-award winning firm, accredited by the Law Society of Ireland.

Our Partners

Directly contact our partners via email about your case.

Flor McCarthy

Email: flor@mccarthy.ie

Follow Flor on Social Media

Twitter: @flormccarthy LinkedIn: /in/flormccarthy/

Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

Email: john@mccarthy.ie

Follow John on Social Media

LinkedIn: /in/johnmccarthysolicitor/

John McCarthy is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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