Serious Injury Compensation 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 or catastrophic injury, you may be entitled to make a compensation claim against the liable party.

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Person with catastrophic injury being placed in a stretcher

Assisting Claimants Across Ireland in Bringing Serious Injury Claims

With more than 30 years of experience in personal injury, McCarthy + Co Solicitors LLP has handled many complex, high-value serious injury claims, and we understand that the priority for most families is securing the care and financial security the injured person will need for the remainder of their life.

Serious and catastrophic injuries can arise in many ways, including faulty workplace machinery, road traffic accidents, falls from height, accidents in the home, and assaults. Whatever the cause, the aim of a claim is the same, to establish who was responsible and to secure compensation that reflects the true, lifelong cost of the injury. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

Types of claims we assist with

We provide general information below to assist individuals and families affected by a serious injury. You may also find it useful to go straight to the type of injury that concerns you:

Fatal accidents – Empathetic guidance for families who have lost a loved one through the negligence of another party.
Amputation injuries – For clients who have suffered the loss of a limb through another party’s negligence.
Fractures – For clients who have suffered fractures, such as a broken leg, arm, or ribs.
Head and brain injuries – For clients who have suffered a serious head or brain injury through another party’s negligence.
Eye injuries – For clients who have suffered temporary, partial, or complete loss of vision.
Spinal cord injuries – For clients who have suffered a spinal cord injury through the negligence of another person or organisation.

If you have sustained an injury not listed here, you can contact our team for guidance using the form on this page.

How serious injury compensation is assessed

As with any personal injury claim, compensation is made up of general damages for the pain and suffering caused by the injury itself, and special damages for financial losses and out-of-pocket expenses. In serious injury cases, however, it is usually the special damages that make up by far the larger part of an award.

Where someone is left unable to work, whether for a period or permanently, the sums involved can become very significant, particularly for a younger person whose lost earnings must be provided for over the whole of their anticipated working life. A claim of this kind may also need to account for future medical treatment, occupational therapy, nursing and care costs, adaptations to a person’s home, and changes to transport, such as an adapted vehicle. Reports from medical, care, vocational, and other experts are needed to identify what will be required and what it will cost, and an actuarial report then brings those figures together into a single capital sum.

This is why large awards in serious injury cases, though they can look like windfalls, generally are not. In most cases they simply provide for the basic care and needs of the injured person for the rest of their life, so that they can retain some quality of life. The younger the injured person, the larger the award is likely to be, because it must provide for costs over a much longer period.

“From the very start I felt completely looked after by Liam and his team. From the initial phone call he listened to everything with a caring and sympathetic nature. I felt he genuinely cared for my welfare and I was always put at ease when I had enquiries. I would not hesitate to use this company again or to recommend to a friend or a family member. My case was handled swiftly and with integrity and the outcome far exceeded my expectations. I wish Liam and his team all the best in the future.”

Catherine Keating

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Serious injury compensation

The Judicial Council’s Personal Injuries Guidelines outline the maximum general damages payouts for catastrophic injuries.

Injuries involving paralysis

Injuries involving paralysis may pay out up to €550,000 in general damages.

Category	Description	Compensation Range
Quadriplegia (tetraplegia)	Paralysis affecting all four limbs, usually following catastrophic damage to the upper spinal cord. This is among the most devastating injuries a person can survive, with the award shaped by the claimant's age and life expectancy, any movement that remains, the level of pain endured, the impact on the other senses, and the psychological toll, including depression, on the individual and their relationships.	€400,000 – €550,000
Paraplegia	Paralysis of the lower body and legs arising from injury to the spinal cord. The figure awarded reflects the claimant's age, how much movement is retained, the presence and intensity of pain, any effect on the other senses, the degree of independence that survives, and the psychological consequences for the person and their family life.	€320,000 – €450,000

Brain and head injuries

The most severe brain injuries may pay general damages of up to €550,000.

Category	Description	Compensation Range
Most severe brain damage	The gravest form of brain injury, where the claimant is left in a vegetative condition. There may be some return of eye opening and of sleep and waking patterns, but no meaningful awareness of surroundings, no ability to follow instructions, no language, and a permanent need for round-the-clock nursing care.	Up to €550,000
Severe brain damage	The person is conscious but wholly dependent on others and requires constant care. In most cases the damage is cognitive, with pronounced loss of intellect and changes to personality, and it may also bring physical disability such as paralysis of a limb. The risk of consequential epilepsy is a further factor.	€300,000 – €400,000
Serious brain damage	A moderate to severe intellectual deficit. The claimant is not wholly dependent but still needs constant care, and may be left with an altered personality, effects on sight, speech and the senses, and epilepsy or a heightened risk of it.	€200,000 – €350,000
Moderate brain damage	A modest to moderate intellectual deficit where the claimant is neither wholly dependent nor in need of constant care. Some independence is retained, though the capacity to work is greatly reduced or lost, and there may be limited physical symptoms together with a risk of epilepsy.	€120,000 – €220,000

Injuries resulting in a foreshortened life expectancy

These types of cases may payout general damages of up to €550,000.

Category	Description	Compensation Range
Foreshortened life expectancy	Cases where negligence has caused an injury or illness that shortens the claimant's life, such as an undiagnosed cancer or a terminal condition contracted at work like asbestosis. At the upper end are those who face significant pain and treatment, the anticipated loss of partner and children, and a substantially reduced lifespan. Compensation covers both the loss of life and the pain and suffering caused by the injury itself.	Up to €550,000

Loss of sight and hearing

Injuries resulting in total blindness and deafness may result in a general damages award of up to €500,000.

Category	Description	Compensation Range
Total blindness and deafness	The complete and permanent loss of both sight and hearing, leaving the claimant deprived of the two senses on which daily life most depends. This ranks among the most serious sensory injuries recognised by the Guidelines.	€400,000 – €500,000
Total blindness	The complete and permanent loss of vision in both eyes. The award takes account of the claimant's age and the far-reaching effect the loss has on independence, work, quality of life and personal relationships.	€270,000 – €400,000

Amputation of the arms

The most severe injuries in this category may result in general damages of up to €475,000.

Category	Description	Compensation Range
Loss of both arms	The amputation of both arms, an injury that removes almost all capacity for self-care and independence. The award is influenced by the claimant's age, any ongoing pain, how far prosthetics can restore function, the cosmetic and psychological impact, and the effect on work and daily life.	€300,000 – €475,000
Loss of one arm (amputated at the shoulder)	The amputation of a single arm at the shoulder. Relevant factors include the claimant's age, whether the dominant arm was lost, the degree of ongoing pain, the extent to which a prosthesis can help, and the consequences for work, independence and mental wellbeing.	€140,000 – €230,000

Amputation of the legs

The most severe injuries in this category may result in general damages of up to €400,000.

Category	Description	Compensation Range
Loss of both legs	The amputation of both legs, with the award reflecting the claimant's age, the level at which the amputations occur, how effectively prosthetics restore mobility, any lasting or phantom pain, and the impact on independence, work, relationships and mental health.	€280,000 – €400,000
Below-knee amputation of both legs or feet	The loss of both legs below the knee, or of both feet. Although prosthetics may restore a degree of mobility, the claimant is left with a permanent and life-altering disability, and factors such as ongoing pain, side effects and the effect on daily life all bear on the award.	€200,000 – €300,000
Above-knee amputation of one leg	The amputation of a single leg above the knee. The figure awarded takes account of the claimant's age, how well a prosthesis restores function, any continuing or phantom pain, and the wider consequences for independence, work and personal life.	€120,000 – €160,000

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you or a member of your family has suffered a serious or catastrophic injury and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to serious injuries.

What is considered a life-changing serious injury?

A serious or catastrophic injury is one that results in permanent disability and a need for lifelong care and assistance. Severe injuries affecting the brain, spine, spinal cord, or limbs can cause ongoing medical problems, a significantly reduced quality of life, and a shortened life expectancy. Injuries of this kind can arise from many causes, including faulty workplace machinery, road traffic accidents, falls from height, strokes, birth injuries, negligent medical care, accidents in the home, and assaults.

Do I need a solicitor to bring a serious injury claim?

In practice, yes. These are among the most complex claims there are, and the value depends on getting a wide range of things right, including the cost of future treatment and care, home adaptations, the psychological impact, and loss of earnings, as well as any interim payments you may be entitled to along the way. An experienced solicitor coordinates the expert evidence, makes sure nothing is overlooked, and works to secure the best outcome for you and your family.

What are general and special damages?

General damages compensate for the physical and psychological effects of the injury itself, such as pain, suffering, and the loss of the ability to enjoy everyday life. Special damages compensate for financial losses caused by the injury, both those already incurred and those expected in the future, such as care costs, lost earnings, and home adaptations. In serious cases, the special damages are usually much larger than the general damages.

Is there a limit on how much I can receive?

There is a limit on general damages only. Under the Personal Injuries Guidelines, the effective ceiling for general damages, for the most catastrophic injuries, is in the region of €550,000. That figure anchors a proportionate scale, so less severe injuries are valued by reference to it. There is no cap on special damages, however, and because these cover lifelong care and lost earnings, the total award in a catastrophic case can run to several million euro. The court takes account of factors such as age, life expectancy, the degree of residual movement, and the effect of the injury on the senses and on family relationships.

What are interim or periodic payments?

Because future losses are so difficult to predict, the courts often make a Periodic Payment Order, or PPO, in catastrophic cases. Rather than awarding the whole of the future care and loss of earnings as a single lump sum, a PPO provides regular payments over time, alongside an initial lump sum that covers general damages and certain other losses. This helps to make sure the money is there to meet the injured person’s needs for as long as they live, whatever happens to investment returns or life expectancy.

How long do I have to make a claim?

In most cases, two years from the date of the accident, or from the date you became aware of a significant injury. Different considerations can apply where the injured person is a child, or lacks the capacity to bring a claim themselves, in which case a family member may act on their behalf and the time limit may run differently. Given how much evidence a serious injury claim involves, it is best to take advice as early as possible.