What an injured person must do within a month of an accident
Introduction
The earliest legal deadline in a personal injury claim is not the two-year limitation period but the requirement, under section 8 of the Civil Liability and Courts Act 2004, to serve written notice of the claim on the person responsible within one month of the accident.
It is easily overlooked in the weeks after an injury, when the priorities are treatment and recovery. It is also widely misunderstood: reporting an accident to an employer or a shop manager does not satisfy it. This guide explains what the section requires, what happens if the deadline is missed, and what to do if it already has been.
The Law
Section 8(1) provides that where a plaintiff in a personal injuries action fails, without reasonable cause, to serve a notice in writing on the wrongdoer stating the nature of the wrong alleged, within one month of the date of the cause of action, the court hearing the action shall draw such inferences from the failure as appear proper and, where the interests of justice so require, may make no order as to costs in favour of the plaintiff or deduct such amount from the plaintiff’s costs as it considers appropriate.
Three features of the section deserve emphasis. First, the notice must be in writing and must be served on the wrongdoer; an internal accident report, however detailed, is a record kept by the other side, not a notice served on it. Secondly, the notice must state the nature of the wrong alleged. It need not set out evidence or a medical prognosis, but it must say when and where the accident happened, how it happened, what failure is alleged, and that an injury was sustained and a claim may follow. Thirdly, the consequence of default is a costs sanction, not the loss of the claim. A plaintiff who wins the case can nevertheless be deprived of some or all of the costs of bringing it, which in a contested action may exceed the compensation recovered.
The section applies where the failure is without reasonable cause. Whether a reasonable cause existed is a question for the trial judge on the facts.
Practical Steps
Treat the month as running from the day of the accident and aim to serve the letter well within it. Identify every party who may be responsible. In a workplace accident that may be the employer alone, but it may also include a contractor, the owner of the premises, the supplier or maintainer of equipment, or an agency. A notice served on the wrong party is no notice at all.
The letter should be sent by a method that proves delivery, such as registered post or email with a delivery receipt, and a copy retained. It should be addressed to the correct legal entity; where the respondent is a company, its registered name and office should be confirmed with the Companies Registration Office.
If the month has already passed, serve the letter immediately and record the reason for the delay. Further delay makes the position worse, not better, because the court will ask why the notice was not served as soon as the requirement became known. Common reasons the courts have accepted as reasonable cause include hospitalisation, an injury whose cause or significance was not apparent within the month, and genuine uncertainty as to the identity of the wrongdoer.
Where a solicitor is instructed within the month, the solicitor will draft and serve the notice and will keep the evidence of service on file for production at trial if the point is taken.
Takeaway
The section 8 letter is not a formality. It is the first step in a claim, it starts the process by which the other side investigates and preserves evidence, and its absence can cost a successful plaintiff the costs of the action.
The rule is simple: within a month of the accident, a written notice describing the wrong should be in the hands of every party who may be liable, and proof of that should be on file. Where that has not happened, the right response is to serve the notice now and to be able to explain, credibly, why it was late.
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
