A guide to the process from accident to resolution
Introduction
A personal injury claim is a claim for compensation by a person who has been injured through the fault of another. It may arise from an accident at work, on the road, in a public place or in a shop, from a defective product, or from negligent medical treatment. The compensation sought covers both the injury itself and the financial losses it has caused.
This guide explains how a claim proceeds in Ireland, from the immediate aftermath of an accident to its resolution before the Injuries Resolution Board or in court. Every claim is different, and the guide is intended to orient rather than to substitute for advice on the facts of a particular case.
The Law
To succeed, an injured person must show that the defendant owed a duty of care, that the duty was breached, and that the breach caused the injury. The standard of proof is the balance of probabilities: it must be more likely than not. Fault may be established under the common law of negligence, under statute such as the Safety, Health and Welfare at Work Act 2005 or the Occupiers’ Liability Act 1995, or, for defective products, under the strict liability regime of the Liability for Defective Products Act 1991.
Most claims must be submitted to the Injuries Resolution Board before court proceedings can issue. The Board assesses the value of the claim by reference to the Personal Injuries Guidelines and the evidence of financial loss. If both parties accept the assessment it becomes binding; if either rejects it, the Board issues an authorisation permitting the claimant to bring proceedings. Medical negligence claims are exempt from the Board process, as are claims for distress falling short of psychiatric injury.
Two time limits apply. Under section 8 of the Civil Liability and Courts Act 2004, written notice of the claim must be sent to the person responsible within one month of the accident, failing which the claimant may be penalised in costs. Under the Statute of Limitations, the claim must be submitted to the Board within two years of the date of the accident or the date on which the injured person became aware of the injury and its cause. For a child, the two years run from the eighteenth birthday. Compensation comprises general damages for the injury, assessed under the Guidelines, and special damages for proven financial loss, which are uncapped.
Practical Steps
Seek medical attention immediately, and tell the doctor how the injury happened so that the cause is recorded in the notes. The contemporaneous medical record is the most important document in the claim.
Report the accident to the person responsible, in writing where possible, and keep a copy. In a workplace, ensure it is entered in the accident book. Photograph the scene, the hazard and the injury. Take the names and contact details of witnesses. Request CCTV footage promptly, since it is commonly overwritten within weeks; under the GDPR you are entitled to footage in which you appear.
Keep every receipt and record of expense: medical fees, prescriptions, travel to appointments, care provided by family members, and lost earnings supported by payslips. Special damages are awarded only on proof.
Take legal advice early, and give your solicitor complete instructions, including any previous accidents, claims or relevant medical history. The consequences of an incomplete account are severe: a claim may be dismissed under section 26 of the 2004 Act if a plaintiff knowingly gives false or misleading evidence, and the High Court has dismissed claims where undisclosed prior accidents made it impossible to prove which event caused the injury.
Your solicitor will send the section 8 letter, obtain a medical report from your treating doctor in the form the Board requires, and submit the application. The Board will ask whether you wish to mediate; that decision depends on whether liability is in dispute. If the assessment is rejected, proceedings issue in the District, Circuit or High Court depending on the value of the claim, and the great majority of such cases settle before trial.
Takeaway
The steps that decide a claim are taken in its first weeks: prompt medical attention, a written report, preserved evidence and complete instructions. The Board process and any subsequent litigation build on that foundation and cannot repair it.
Compensation is not a windfall. It is assessed under binding Guidelines for the injury and on strict proof for financial loss. An injured person who understands that from the outset, and who documents the consequences of the injury as they arise, is in the strongest position to secure an outcome that reflects what has actually been lost.
Further information
This article was prepared for informational purposes only. For further advice, please email workclaim@crushell.ie or contact the offices of Crushell & Co Solicitors.
About Crushell & Co
Crushell & Co is a specialist firm advising on the application of law in the Irish workplace.
Our Dublin-based solicitors have particular expertise in workplace injury litigation, regularly acting on behalf of employees who have suffered injuries arising from unsafe systems of work, inadequate training, or failures in workplace safety procedures.
We understand that a workplace injury can have serious consequences for an individual’s health, livelihood, and financial security. We work closely with our clients to identify the root causes of workplace accidents, gather the necessary evidence, and advance strong, well-supported claims for compensation.
We are experienced in pursuing workplace injury claims through the Courts and achieving meaningful outcomes for injured workers, while providing clear and practical guidance at every stage of the process.
We translate complex legal issues into practical legal options, adapting our strategy to meet each client’s specific circumstances and objectives.
Connect: @CrushellLaw or www.crushell.ie
