If you have been injured as a result of a road traffic accident, a slip and fall or accident at work you may wish to pursue a personal Injuries claim. In order to be successful it is necessary to show that you have suffered injury, loss and damage which was caused by the negligence of another party.
Time is of the Essence
In accordance with the Statute of Limitations Act 1953 you have 2 years from the date of your accident to file a claim or issue legal proceedings.There are some limited exceptions to this however, including cases involving persons under the age of 18 years. If an action is brought outside of the set time limits then your case will be statute barred and unable to progress any further. Thus it is important that you seek legal advice without delay following an accident. If your case is brought before us at a stage which is nearing the expiration of these time limits then we will deal with it as a matter of urgency.
Injuries Board
Personal injury claims must first be submitted to the Injuries Board for assessment before any court proceedings can issue. The Injuries Board, formerly the Personal Injuries Assessment Board or PIAB, is an independent body created under statute whose primary function is to assess personal injury claims. The Board makes an assessment of damages based on the information put before it. The level of award depends on the physical and psychological injuries you have suffered because of the accident as well as compensation for loss of earnings and other out of pocket expenses.
Setting a Case down for Trial
If the respondent to the action does not provide consent to an assessment or the applicant rejects the amount suggested by the Injuries Board then the matter will go to trial. Depending on the value of your claim, we will arrange for the issue of either Circuit or High Court proceedings. How quickly your case goes to trial depends on the type of injuries, rehabilitation, and the complexities of the case.
The Hearing
The majority of personal injuries cases generally settle and do not go to court. Even where proceedings are issued and a date is fixed to hear the case it is common practice to try and settle the claim in advance of the hearing. On occasion it may not be possible to resolve matters in advance of trial and the case proceeds to a hearing before a judge. At the conclusion of trial the judge will then give his decision and determine the issue of fault, the level of damages awarded and which side should pay the costs of the proceedings.
Contact us
Our specialist personal injuries solicitors have the knowledge and expertise to guide you through the personal injuries process. It is our aim to achieve the best possible outcome to your case and to ensure the appropriate level of compensation is awarded to you. If you require further information, please contact our office for a consultation or quote on 091 564011 or e-mail info@mgryan.com.
*In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Comments are closed.