It seems you can’t open a newspaper, scroll through a social media feed or turn on the TV without being bombarded with headlines decrying Ireland’s so-called claim culture.
Horror stories of opportunists intentionally slipping in a supermarket or choking in a restaurant or falling over in a hotel have become commonplace.
These kinds of cases have rightly been exposed as the charades they are, however, the recent high-profile of frivolous personal injury claims have made it seem that all personal injury cases are somehow illegitimate.
Nothing could be further from the truth.
Personal injury claims are a legal mechanism set up to compensate an injured individual for the negligence of a third party.
An individual should never be left with the financial burden of hospital bills or lost earnings due to the mistakes of another person or an organisation.
We have teamed up with Finghín O’Driscoll Solicitors, a professional Dublin personal injury solicitor firm, to cut through the media sensationalism and the social media outrage, to answer your most pressing Personal injury questions.
Finghín O’Driscoll Solicitors
Finghín O’Driscoll Solicitors is an established and expert legal firm that specialises in personal injury claims. They have offices in Cork, Dublin and Galway and have helped hundreds of injured individuals receive the legal redress they deserve.
As a specialist personal injury solicitors firm, they have expertise in everything from workplace injuries and road traffic accident claims to medical negligence claims and seeking compensation from large multinationals.
So What Exactly is a Personal Injury Claim?
A personal injury claim is when an injured individual brings legal action against a negligent third party following an injury.
This third-party can be another individual — as is the case with some road traffic accidents — or an organisation; as is often the case with workplace accidents.
Can anyone bring a personal injury claim?
Yes, anyone who has suffered an injury due to the negligence of another person or an organisation is completely within their rights to peruse a personal injury claim.
The claimant must be able to demonstrate that they have suffered an injury and that the third party in question was indeed negligent.
How long do I have to start the personal injury claim process?
An individual has 2 years to submit a claim to the injuries board. This 2 year period starts from the date of the loss. In the vast majority of cases, the date of loss is the date of the accident.
However, in more complex personal injury claim cases, like claims on the grounds of medical negligence, the two year period begins from the date where the claimant became aware of the alleged negligence.
The injuries board was established in 2004 by the Irish government. Almost every personal injury case in Ireland – the exception being some medical negligence cases – is submitted though the injuries board as soon as the injured individual has a medical report.
The injuries board was set-up to settle personal injury cases outside of the courts.
How long does a personal injury case take?
Unfortunately, there is no straight answer to the above question. Every case is different and the length of the case is dictated by a lot of different factors including the legal complexities related to liability and the severity of the claimant’s injuries.
Straight-forward cases can be wrapped up within a few months, more complex cases can take years to settle.
I’m considering pursuing a personal injury claim. What should I do?
First things first, you need real, practical and professional legal advice. We recommend getting in contact with Finghín O’Driscoll Solicitors immediately.
They will advise on your legal standing and take you through the legal process – as it relates to your injuries – in detail.
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