Personal Injury

Personal Injury Litigation

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Sweeney Solicitors – Personal injury specialists

If you have suffered an injury or illness caused by another person’s negligence, you may be entitled to make a personal injury claim. An injury like this can be detrimental to your quality of life or could even affect your ability to make a living.

Often, these accidents happen when we least expect. It could happen at work, abroad, at a public place, or on the road.

Our team of solicitors are personal injury specialists in Cork and Dublin. Our goal to ensure the personal injury claim process easier for you and your family.

Explore your personal injury options with us

Our team of personal injury specialist solicitors in Cork and Dublin will work tirelessly to deliver the highest quality legal representation and advice for your personal injury claim.

  • Injured on the road ?

  • Injured at work ?

  • Injured on holiday ?

  • Injured in a public place ?

How to make a personal injury claim in Cork and Dublin

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Most claims do not begin in court. By law, claims start with the Injuries Board, though there are some exceptions. Generally, when you apply to the Injuries Board, you do so with the help of a solicitor.

Sweeney Solicitors ensure this process runs as smoothly as possible. We will manage the entire process for—everything from gathering the necessary information to advising you on Injuries Board compensation suggestion.

How to help your solicitor with your personal injury claim

To determine if you are entitled to make a personal injury claim, you must deliver all the facts surrounding your accident. Every one. Even the ones that may not seem necessary. 

Clearly explain to us how the accident happened, what were you doing when it occurred, who was involved, and anyone who witnessed it. 

Here is a list of information you should bring with you when starting a personal injury claim with your solicitor:

  • A detailed description of the accident and how it happened.
  • Pictures of the scene of the accident to show how it happened.
  • Specific time and date of the accident.
  • Was there any CCTV in operation where your accident occurred? Your solicitor can request the owner of the CCTV to send over the recordings.
  • Witness details – were any witnesses present at your accident?
  • Medical reports – if you have copies of them to hand, if not your solicitor can request these from your doctor.
  • Details of loss of earnings – how much wages have you lost as a result of the accident?
  • Details of medical history – did you have any medical conditions before the accident occurred?
  • Claims history details – have you made any personal injury claims in the past? Details of the party at fault for your accident. – it is vital that you have the correct party identified when making a claim.
  • A list of any expenses you incur as a result of the accident (for example, medical costs, travel costs, home care costs or any other costs involved).

How to calculate personal injury damages

Click the link below to read how much your claim could be worth.

As the injured party in a personal injury claim, you may be entitled to claim for any losses caused by your accident or injury. In legal terms, the losses an injured party incurs are called ‘damages’.  Our team of personal injury solicitors are best placed to help you calculate your damages. These damages generally fall into two categories, Special Damages and General Damages:

  • Special Damages: These are monetary losses incurred by the injured party as a result of the accident. Including, loss of earnings, loss of future earnings, household expenses, medical care and future medical care.
  • General Damages: These are non-monetary losses, such as physical pain and suffering or mental/physiological pain and suffering.

Loss of Amenity is another legal term that will affect the calculation of damages. This term refers to the effect the injury has had on your quality of life or to your inability to carry out tasks you were previously able. It illustrates the non-financial impact that a personal injury has on a person’s work, family and social life.

The same injury can affect individuals differently. So the amount of compensation you could receive will be personal to you and your experience. 

Our personal injury solicitors are specialists in valuing claims and are determined to get you the compensation you deserve.

We are ready to take your case

If you’re ready to explore your legal options, we’re with you.

What’s the time limit to make a personal injury claim

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The ‘Statute of Limitations’ is the formal term for the legal time limit in which you can make a personal injury claim. Usually, this is two years minus one after the date of knowledge of the injury.

The date of knowledge is often the date the accident occurred. However, sometimes, a person may not realise their injury until some time after an accident. In such cases, this is the date of knowledge. 

As children are minors, they are not allowed to make a personal injury claim. Instead, they have a 2-year time limit to claim once they reach 18 years of age. However, a personal injury claim can be made by a parent or legal guardian on behalf of the child immediately following the accident.

Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child shortly after the accident. This option is typically more desirable because it is easier to uncover reliable evidence to strengthen the child’s case if they filed as soon as possible.

Keep in mind that once you make an application to the Injuries Board, they pause the 2-year time limit while they assess the claim.

What happens with the Injuries Board?

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1. Talk with a solicitor

Starting the Injuries Board process is relatively straightforward; you need to provide your solicitor with:

  • Details of the accident
  • Evidence and details of the injury (photographs)
  • Information on any previous injuries/medical conditions/accidents/claims
  • Expenses incurred as a result of the accident (medical bills, etc.)
  • CCTV footage, where applicable (Often, your solicitor can acquire this for you)
  • Description of the person at fault

2. Request your medical reports

It is crucial to prove your injuries by obtaining a medical report from the practitioner who treated following the accident. Often, you solicitor can request medical reports from your doctor. Similarly, in cases of psychological injury, your solicitor can request reports from the psychologist that treated you.

3. Making the Injuries Board application

Having gathered the necessary information for your personal injury claim, your solicitor will submit an Injuries Board application form on your behalf.  Once submitted, the Personal Injuries Assessment Board will acknowledge receipt of this and notify the person at fault of your claim. They will also issue a copy of the application form and medical report to the person at fault. Once submitted, they pause the 2-year time limit clock while they assess your personal injury claim.

4. Injury Claim Assessment

The Injuries Board will refer to the ‘Book of Quantum’ when evaluating your case. The Book of Quantum is a record of personal injury cases, specific injuries and for how much they settled. They use this to determine how much compensation you would be entitled.

5. Consideration of Injuries Board Offer

Following their assessment of your personal injury claim, the Injuries Board will return to your solicitor with the suggested compensation amount. This amount would then be paid to you by the party at fault. 

You will then need to consider whether to agree to this or not. Your solicitor will provide their best advice to you, but ultimately, you will decide to accept the Injuries Board’s suggestion or not. 

Time limit to accept or reject the award

Once Injuries Board delivers their verdict, there are 28 days for you to either accept or reject the suggested award. Failing to respond within these 28 days will automatically reject the decision. The person whom you claimed against has only 21 days to accept the verdict of the Injuries Board.

The two most common outcomes from this stage:

Both you and the party at fault accept the Injuries Board suggested settlement amount with the party at fault legally obliged to pay this amount to you.

Either you or the party at fault does not accept the suggested settlement amount. Rejecting this would result in court proceedings against the person at fault for your accident/injury.

6a. What happens if you accept the Injuries Board’s decision

If you and the person you claimed against accept the verdict of the Injuries Board, then an order is issued for the person at fault to pay the settlement amount. This settles the case, meaning you will not be able to return at a later date seeking further compensation.

6b. What happens if the Injuries Board’s decision is rejected

If you or the person you claimed against rejects the settlement suggestion by the Injuries Board, the case will move to legal proceedings where a judge will decide the outcome. Now you will work closely with your solicitor, and they will issue legal proceedings to move the case along.

7. Settling a personal injury claim outside of court

Most personal injury cases settle outside of court. 

Before heading into a courtroom, your solicitor will likely arrange settlement meetings. At these meetings, your solicitor will communicate with the other side on your behalf.

Your solicitor will be in constant contact with you during this time and keep you updated on settlement offers.

If your solicitor finds an acceptable offer during these meetings, then your case is settled. However, sometimes, these settlement meetings do not result in a satisfactory settlement amount. When this happens, you will attend the scheduled court hearing where a Judge will make the final decision on your case.