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Everything You Need to Know

Accidents and Personal Injury in Ireland

Quick Guide:
Accidents and Personal Injury in Ireland – Everything You Need to Know

In Ireland, personal injuries refer to physical or psychological harm suffered by an individual
due to the negligence, recklessness, or misconduct of a third party. These situations can
arise in various circumstances, such as road traffic accidents, workplace accidents, slips and
falls in public places, medical negligence, and assaults.

General Damages (Pain and Suffering)

Under Irish law, psychological harm is included within the category of “pain and suffering”. If
you have experienced physical and/or psychological distress as a result of an accident, you
may be entitled to compensation. Examples include:

Physical injuries:

Broken bones,
Injuries to soft tissues (such as muscle, tendon and ligament injuries, simple bruises
or complicated injuries to spinal intervertebral discs).

Psychiatric injuries must be a recognised psychiatric condition such as:

Post-traumatic stress
Anxiety or depression caused by the injury

How Will My Damages Be Classified?

Damages are generally classified as follows:

General Damages: Non-financial losses, such as physical pain and psychological
suffering.
Special Damages: Direct financial expenses, including:
Medical Expenses: Costs of treatment, medication, hospital stays, and examinations
Travel Expenses: Costs of travelling to appointments related to the injury Loss of Earnings: Income lost due to inability to work
Loss of Benefits: Impact on quality of life and ability to carry out daily activities, affecting work and social life

When Can I Make a Claim?

You may be eligible to make a claim if:

The injury occurred within the last two years:
The statute of limitations in Ireland generally allows two years from the date of the accident, or from the date you became aware of the injury, to initiate a claim. After this period, your right to claim may expire.
Another party was at fault:
Responsibility for your injury must be attributed to another person or entity.
There was a real physical and/or psychological impact:
You must have suffered an injury affecting your physical or mental health.

How to Make a Claim in Ireland

Consult a specialist solicitor: Seeking advice from a solicitor experienced in personal injury claims is essential.
Gather evidence: This may include medical reports, photographs of the scene, witness details, receipts, and any relevant reports.
Submit a claim to the Injuries Resolution Board (IRB): Before going to court, your claim must be submitted to the IRB. The process involves:
- Submitting Form A, along with a medical report and a €45 online fee
- The respondent has 90 days to accept or decline the IRB process
- If accepted, the IRB will assess compensation based on the documentation
- A proposed award is issued, and both parties have 28 days to accept or reject it

How Long Does the IRB Process Take?

The full IRB process typically takes 9 to 12 months from the submission of complete
documentation.

IRB Award: Accept or Reject?

Once your case has been assessed, the IRB will issue a compensation award to be paid by the liable party. You must then decide whether to accept it. Your solicitor can advise you, but
the final decision is yours.

How Much Compensation Will I Receive?

The value of your claim depends on the nature of the injury, its impact on your life, and the
strength of your evidence. The IRB uses the Judicial Guidelines as a reference.
Compensation may include:

Loss of earnings
Medical expenses
Future treatment (e.g. physiotherapy, psychotherapy)

Official Compensation Guidelines

The Judicial Council of Ireland publishes the Personal Injuries Guidelines, which set
compensation ranges for different types of injuries. These guidelines promote consistency
and help determine fair awards.

For a settlement to be binding, both you and the respondent must accept the proposed
award. If either party rejects it, court proceedings must be initiated, and a judge will decide
the outcome. Your solicitor will guide you through this process.

Workplace Accidents in Ireland – Legal Steps

p> A workplace accident occurs when an employee is injured while performing their duties due to unsafe conditions or lack of proper precautions by the employer.

Common examples include:

Slips or falls due to unmarked hazards
Injuries from lifting without proper training
Cuts, burns, fractures, or repetitive strain injuries
Illness caused by a toxic work environment

What Should I Do After a Workplace Accident?

Report the accident to your employer immediately
Seek medical attention and ensure the injury is documented
Keep all relevant records and documents
Submit a claim to the IRB with the assistance of a solicitor

Can My Employer Dismiss Me for Making a Claim?

Important: It is illegal for an employer to dismiss or retaliate against an employee for making a workplace injury claim. If this occurs, you may file a complaint for unfair dismissal with the Workplace Relations Commission (WRC).

Medical Negligence: What It Is and What to Do

Medical negligence occurs when a healthcare professional fails to provide an appropriate
standard of care, resulting in harm to the patient.

To establish a valid claim, the following must be proven:

Duty of care
Breach of that duty
Damage suffered
Causal link between the breach and the damage

Examples include:

Misdiagnosis or delayed diagnosis
Surgical errors
Incorrect medication prescribed
Lack of proper follow-up care
Errors during childbirth affecting mother and/or baby

How Is Compensation Handled?

Medical negligence claims do not go through the IRB. They are dealt with directly through
the courts and involve:

Consultation with a specialist solicitor
Independent medical expert reports
Legal proceedings

Compensation may cover pain and suffering, financial losses, medical expenses, ongoing
treatment, and necessary lifestyle adaptations.

What Is the Time Limit?

You generally have two years to initiate a claim, from the date of the incident or from the date the negligence was discovered.

When Does “Date of Knowledge” Apply?

If you were not immediately aware of the medical negligence, the two-year period begins from the date you discovered, or reasonably should have discovered, that your injury was caused by medical error.

Example:

If a condition was misdiagnosed and you only discovered years later that it was treated incorrectly, the limitation period starts from the date of discovery, not the original incident.

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If you’ve been injured, getting the right legal advice early can make all the difference.

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