The majority of personal injury cases arise from road traffic accidents or from workplace incidents.
Irish law takes what is known as a ‘fault based’ approach in this area. Accordingly the first question to be determined is liability i.e. who was at fault?
This is measured by a standard of proof known as the ‘balance of probabilities’, for example, is it more likely than not that the other party is to blame? The second question to turn to relates to ‘quantum’ which deals with the amount of compensation due. Quantum is divided into 2 areas known as ‘general damages’ and ‘special damages’. General damages mainly concern the extent, type, severity and recovery time for an injury. Special damages then cover calculable figures such as for loss of earnings, medical fees and travel expenses.
- The Injuries Board will allow a 90 day period to ascertain whether a respondent is consenting to the assessment process.
- Once the Injuries Board embark on an assessment, they will aim to provide this within 9 months, although this period can be extended by a further 6 months.
- If either party rejects the Injuries Board assessment, an ‘authorisation’ is issued.The authorisation is then required in issuing court proceedings
How we can help
A vital part in putting together any claim for personal injury involves obtaining a medical report. It is usual in Ireland for the treating medical practitioner to furnish such a report on request.
All personal injury case cases must first be submitted to the Personal Injuries Assessment Board under which legal costs are not usually allowed. If a case then proceeds to court, costs are generally awarded in favour of the winning party.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement