13 Dec How do I make a Personal Injury Claim? FAQ
When someone has been involved in a personal injury or accident, they will have many questions about making a claim. To make this process as straight forward, we have compiled a list of frequently asked questions for making a personal injury claim in Dublin.
1. I have just been in an accident, should I settle?
You should never settle before seeking medical advice or discussing with your personal injury solicitor. Being in an accident or suffering a personal injury can be an incredibly traumatic experience. The effects of an injury can include physical suffering and loss of earnings, but also long-term suffering, psychiatric illnesses and reduced sexual function. The other party or their insurance company may not fully take these issues into consideration when they offer you a settlement out of court.
It is always best to receive independent legal and medical advice, so that your best interests are represented.
2. Will I have to go to court?
No, we will make every effort to settle your claim outside of court, but at all times your claim will be treated as if it will have to go to court.
If the defendant does make you an offer, we will advise you but it will be your decisions whether to refuse or accept the offer. However, if the defendant makes no, or an unacceptable offer of compensation we will first proceed through the Personal Injuries Board, and then to court.
3. How long does it take to receive compensation from a personal injury claim?
The timeframe for compensation to be awarded depends on a number of factors, such as if the claim can be settled out of court, or via the Personal Injuries Assessment Board (PIAB or Injuries Board) or must proceed to court. We will first get a medical report and issue an originating letter of claim before lodging your claim with the PIAB. Assuming the defendant agrees to the claim being dealt with the Injuries Board, they will likely issue an assessment within nine months.
However, in general, it is advisable not to settle a claim within 12 months of the date of injury, to allow time for injuries to settle.
4. How much compensation can I expect for my personal injury claim?
The compensation you can expect for your personal injury claim or accident can depend on many factors. The main influences for your claim include the area of injury, severity of your personal injury, recovery or lasting damage expected and also loss of earnings. No two claims are the same, so you should talk to one of our personal injury solicitors to get a better understanding of your injury. Alternatively, you can download our ebook on calculating your personal injury compensation here.