Personal Injury Claims *
Determining When You Need a Personal Injury Solicitor
We believe from practical experience that no one ever wants to have to instruct a Personal Injury Claims Solicitor, however, if someone is injured through no fault of their own then the necessity to seek professional, experienced advice arises. Medical bills can pile up quickly as can everyday household bills when an injured party needs to take time off work because of their injuries.
The first port of call for all Personal Injury matters is the Personal Injuries Assessment Board (PIAB). PIAB was set up to encourage Applicants to enter their claims without the need for legal representation. Of course the more serious matters cannot be dealt with by PIAB but if the injuries are not too severe and both parties agree, the Injuries Board will seek to make an Assessment. If either party do not want the Injuries Board to assess the matter or aren’t happy with the Assessment award, the matter will then go to Court Proceedings. It is important to note that very few cases go all the way to a Court Room from Court Proceedings, for one reason or another the vast majority of cases settle long before the Hearing of the matter.
Our clients contact our office at the beginning of Personal Injury claims and we then take them through the PIAB process and, if necessary, the Courts process thereafter. We take huge pride and responsibility in the trust that our clients place in our firm. Quite often injured parties can be quite badly shaken up, particularly after a Road Traffic Accident (RTA) or a bad Accident at Work. For this reason our team are extremely conscious of the toll an accident can take on an injured party and we take the time to go through what is required and needed in a sensitive and relaxed manner.
We always mention the Statute of Limitations when we are asked to discuss any Personal Injury matter as it is vital to remember that you have only 2 years from the date of the accident to bring your claim.
What to do when making a claim
The most important thing to do whenever you have been injured, whether through a Road Traffic Accident (RTA), Accident at Work, Trip and Fall or any other type of accident is to go to your nearest hospital or medical professional. Whoever you see first following your accident will be capable of preparing a report based upon your initial injuries when requested to do by your solicitor at a later stage. This initial report will be the first in a chain that will culminate with a final updated report before Hearing or Settlement.
Once you have seen your doctor the next thing to do is to make an appointment with your solicitor. You will note on our website (www.jgs.ie) that we have several ways of making an appointment, a live chat feature, click Quick Quote beside this page, call us at 01 454 0068 or email [email protected] wherein you can speak directly with a solicitor about your claim.
From initial instruction right through to settlement or Hearing we will handle everything from requesting medical reports, liaising with Engineers, Barristers, Insurance Companies as well as negotiating a settlement on your behalf. Our goal is for the client to focus on recovering whilst we focus on their case. We also cover the cost of all medical and expert reports so you don’t have to.
We always mention the Statute of Limitations when I am asked to discuss any Personal Injury claims matters as it is vital to remember that you have only 2 years from the date of the accident to bring your claim.
What we can do to help personal injury claims *
We believe a key aspect of our success in Personal Injury Claims over the years has been our primary focus on client care. We take the time to ensure that each of our clients understand every aspect of the Litigation process and has a full picture of the likelihood of success and what that means in terms of compensation for their claim.
Regular client consultations, telephone calls and emails are all part and parcel of any Personal Injury matter at John Gaynor & Co Solicitors and we take enormous pride in proactively letting our clients know what is happening in their case every step of the way.
Litigation and Personal Injury Actions in particular can often be expensive however we ease any financial concerns that our clients may have by covering the costs of all professional and medical reports that are required, allowing our clients to focus on recovering whilst we focus on their case.
We always mention the Statute of Limitations when I am asked to discuss any Personal Injury matter as it is vital to remember that you have only 2 years from the date of the accident to bring your claim.
The claims process
When making an accident claim the starting point will be obtaining a medical report from either your GP or the Doctor who treated you after the accident.
The medical report confirms the injuries sustained and also confirms that the injuries are consistent with the accident.
You cannot submit an application to the Injuries Board without first obtaining a medical report. Expect to pay between €250 – €400 for a medical report.
Generally speaking you have 2 years from the date of your accident to make a claim.
Once you have the medical report you submit your claim to the Injuries Board by completing Form A. This form can be found on injuriesboard.ie.
There is a €45.00 administration fee for the Injuries Board application.
Injuries Board Assessment
After the application is received by the Injuries Board they will contact the person you are taking that claim against giving them the opportunity to allow or decline to have the Injuries Board assess the claim.
It is important to note that this does not mean that they are admitting wrong or allowing you be paid compensation at this stage. They are simply allowing the Injuries Board assess or put a value on your claim. If they decline to have the claim assessed the Injuries Board will issue an authorisation to begin court proceedings.
Once the Injuries Board have given the assessment either party can reject the figure. When either party rejects the Injuries Board will issue an authorisation to begin court proceedings.
If both parties accept the assessment, that is effectively the end of the matter. The Injuries Board will issue the respondent with an order to pay and this has the same standing as a court order.
The following are the main reasons the Injuries Board will issue authorisation for court proceedings:
When the respondent declines to have the claim assessed.
When the Injuries Board deems the medical issues too complex for them to assess.
When either party declines the Injuries Board assessment.
Personal Injury Claims*
We advise on all personal injury claims matters, with a vast experience in dealing with the Injuries Board, and taking claims to the court where necessary. Having a good relationship with fellow solicitors, barristers, and insurance companies we can ensure a transparent, and sensitive service in handling your claim.
If you have been in a road traffic accident, a hit and run, or an accident in the work place; John Gaynor & Co have the experience to advise you in your claim. With over 50 years combined experience a member of our team can help you with your query today.
For more articles on Personal Injury claims see below:
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.