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Thousands of people suffer from personal injuries annually. A startling number of those, however, are reluctant to claim compensation for their injuries, even when those injuries have caused significant pain and financial loss. We’re often told that this reluctance stems from the simple fact that they are worried about the process.

So, we’ve pulled together a list of 5 surprising things you might not know about personal injury claims.

1. You won't always have to go to court

The thought of having to attend Court can be enough to deter those with potential personal injury claims from pursuing them. In fact, a tiny percentage of personal injury claims ever reach trial. Many personal injury matters settle before a claim is even issued. Of those that do get issued, only a minimal number will result in a Court hearing.

The main reason is that personal injury claims are governed by strict protocols which oblige parties to disclose all relevant information and documentation early in the claim. This enables the parties to assess the strength of each other’s position at the outset and facilitates settlements. Those discussions continue even after a claim has been issued, and a settlement can be reached at any time before the conclusion of the case.

Furthermore, not everybody– not even the big insurers– want to go to Court. An insurer may dispute liability until the last minute if a case is particularly sizeable. If they feel the claim has even a chance of success, though, they will often make a settlement offer later in the process.

In the unlikely event that your case does go to trial, the reality is a far cry from the dramatic events portrayed in television courtroom dramas. All evidence must be submitted before the hearing, so there will be no awkward surprises, and there won’t be a Jury; the case is decided by a Judge who will preside over the matter and ensure everyone is treated fairly and with respect.

2.   Personal Injury claims can take time

It's crucial to understand that a personal injury claim cannot be dealt with in a short time period. It can be a long process, with the duration depending on factors including the type of accident, the severity of the injuries and whether or not the other side accepts liability.

Sometimes, straightforward personal injury cases are settled in a short period of time, maybe only a few months; other, more complex ones may run for years. Whilst you will need to be involved in some aspects of the work, such as gathering evidence and attending medical assessments, much of it will be carried out by your personal injury lawyer behind the scenes.

3.   There is a time limit for bringing a personal injury claim

With the above being said, strict time limits apply to personal injury claims. Once those time limits have passed, taking action can be extremely difficult.

Broadly speaking, the usual time limit is three years from the date of your accident or diagnosis of your injury or illness. It is, however, sensible to seek legal advice and begin the accident claims process as soon as possible to avoid inadvertently effecting your claim.

4.   You can claim for depression, anxiety and stress

Personal injury claims are not merely the preserve of road traffic accidents and accidents in the workplace. Mainly these type of cases account for the majority of claims, personal injury covers a broad spectrum of complaints, including psychological injury.

A traumatic event can result in psychological harm, for which redress can be sought. Examples of psychological injury which can be the subject of a personal injury claim include depression, anxiety and stress.

5.  Personal injury claims are not a modern-day phenomenon

There is a lot of discussion of the so-called ‘claim culture’ and the alleged explosion of personal injury claims in recent decades. This is fuelled partly by insurance companies in whose interest it is to restrict the number of claims made and is a myth.

Since as far back as Biblical times, people have sought redress for personal injury. Whilst the remedies historically sought may be questionable, the principle that compensation should be awarded to those who have sustained an injury at the hands of another is deeply ingrained in the legal system.

For more information on personal injury claims please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Whether your not happy with your current solicitor or in the unfortunate event that they have ceased trading we are here to give advice on what to do next.

The personal injury market has taken a downturn over recent years with legal reforms to fix costs and make pursuing claims almost impossible, so it comes as no surprise that many firms have went into administration.

Any solicitor who has been appointed by a client to handle a personal injury or medical negligence claim must act in their best interests and act professionally. Like any other business, solicitors have to work to the highest standards to ensure the satisfaction of the client because it is becoming increasingly common for dissatisfied clients to look elsewhere and change solicitors, as they are entitled to do.

This can be done at any point in the claim if you feel that:

Firstly before you act hastily, you should always attempt to resolve your differences with your solicitor and talk things through, but it is common to lose confidence in your solicitor and it is then difficult to come back from that. If you do choose to transfer your file to a new legal firm, then this is quite straightforward and shouldn’t cost you anything, but learn from your experience and choose wisely.

Selecting a new solicitor

Personal injury and medical negligence claims can be daunting and stressful, but you should make sure you keep your frustrations in check, and not allow them to sway your judgement. Do not make rash decisions and instruct a new company without properly considering whether they have the relevant expertise to handle your claim. Does this new legal company use qualified solicitors or simply ‘claims handlers’? Check their credentials, via reputable reviews on Google or third party review websites. It is very easy to find yourself back in the same situation, so you must do some research and choose wisely if you have decided you must have your file transferred.

Fees involved in transferring your file

In the event that you have decided you must change your legal representation, your original solicitor is entitled to retain the file on your claim until any outstanding fees have been paid. In such cases your original solicitor will enter into discussions with your new solicitor and seek to recover costs from the claim when it eventually concludes. This is known as ‘exercising a lien’ and is very common in the legal profession.

Many legal cases are funded by a Legal Expenses Insurer, and under normal circumstances, they will have no problem with you changing solicitors. It is true that some people feel uncomfortable explaining to their original solicitor that they are wishing to stop using their services, but usually your new solicitor will make the required arrangements for you, via a letter and/or phone call. Your only requirement is to sign a consent form to allow the transfer of your file and instructions.

For more information on transferring your personal injury file please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Cycle accidents could be reduced simply by having more cycles on the road under the ‘safety in numbers’ theory. The approach has already been proven by studies in Amsterdam.

Across Ireland, on average, someone who regularly cycles will experience a ‘very scary’ close call once a week.

Pre-Covid figures showed that there were 16,884 cyclists injured in road accidents reported to the authorities. A further 4,433 were seriously injured and 100 were killed. The only accurate figure here was the number killed. This is because not all accidents are reported, even the ones resulting in injury serious enough to have to go to hospital.

Danger zones

Almost two thirds of accidents occur at or near junctions, particularly T junctions. The most common cause of the accident is either driver or cyclist failing to look properly.

Other factors where vehicles were involved include clipping the cycle by passing too closely, knocking the cyclist off by opening the car door without looking and hitting the rear of the cycle.

Highway Code

Recent changes to the Highway Code have been introduced to improve the safety of cyclists. These include:

Dutch Reach

This involves opening the car door with the hand on the opposite side to the door itself. This forces you to turn your body, giving you a better chance of seeing an approaching cyclist and restricting how far the door can be opened.

Junctions

Simply put, whoever is going straight ahead has priority, unless there are traffic lights in operation. This rule is common right across Europe and applies to drivers, cyclists or pedestrians.

Passing distances

A minimum safe passing distance of 2m is recommended. This should be increased to 2.5m in bad weather and for all heavy goods vehicles.

Recovering compensation

Over the years, our personal injury team have worked with many injured cyclists, helping them to recover lost income and/or additional expenses they have because of their injury. Tragically though, we also see fatal cases which often leave families with financial worries on top of their grief. In these cases, we work with the dependents to recover compensation that will help provide them with financial security.

Even when you think an accident was your fault this may not be the case. If you feel responsible, or even a little embarrassed, you should still consult and solicitor and get expert advise as to who is at fault.

Our specialist personal injury team can help you bring a claim and advise you on issues such as contributory negligence. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Contributory Negligence is a term used in the legal industry as a defence in a personal injury claim to suggest that the party that was injured was also to blame for the accident.

Proving liability in personal injury claims is always the initial stage. This means that proving that the defendant is to blame for your accident. Once a defendant has been notified of a claim, they have a set period of time in which to investigate the allegations and thus respond. They can respond in 3 different ways:

These allegations are what solicitors call 'contributory negligence'.

Why would a Defendant allege Contributory Negligence?

When a defendant thinks the injured person is to blame, they will propose a share of liability. This is usually expressed in percentage terms, e.g if they allege that both parties are equally to blame, they will accept 50% of liability. Alternatively, in cases where the defendant is largely to blame but not fully, they may meet at 75% or 80% of the liability. The split can be proposed in favour of either party, so it is possible to have a case where the claimant bears more than 50% of the responsibility for the accident.

How can the Defendant do this?

The defendant has to prove that the claimant is partially to blame. To do this they have to satisfy 3 main tests:

The defendant will have to provide evidence to prove contributory negligence. The injured person(s) solicitor would then review and advise. If the parties are unable to resolve the issue between themselves, it would be ultimately be down to the court to review the evidence and decide what, if any, split is appropriate.

Does this effect my compensation?

If contributory negligence is successfully argued, the compensation the injured party is awarded is reduced by the percentage they are at fault. Meaning if a claimant is found to be 25% at fault, their compensation will be reduced by 25%.

Can you give me an example?

Can you help, I've been injured, and might be partly to blame. What should I do?

Even when you think an accident was your fault this may not be the case. If you feel responsible, or even a little embarrassed, you should still consult and solicitor and get expert advise as to who is at fault. Contributory Negligence can be a complex issue and must be given careful consideration by a professional.

Our specialist personal injury team can help you bring a claim and advise you on issues such as contributory negligence. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.

Beach accidents are not uncommon this time of year, especially in coastal areas and the good weather. You and your family may go to the beach quite often, and there may be numerous risks present that you do not pay attention to. If you or anyone in your family is injured while staying at the beach, you could take legal action against the responsible party. You should not be expected to pay these damages if you were not at fault. 

What kind of injuries can I suffer at the beach?

Many beaches are large and expansive enough that there are blind spots and areas that are not properly maintained. There should always be ample security and lifeguards present, and if you are injured, you may be able to hold the city or private property owner accountable. Some of the damages you can suffer include:

There are many ways that these injuries can happen. They may occur in the following manners:

If you were injured at the beach because of any of the aforementioned reasons, you should take proper legal action against the responsible party. We will do everything we can to ensure that you are fairly paid for your damages.

Who can be held responsible for a beach accident?

Beaches are public places, and you can hold the city accountable if it did not properly maintain the beach and ensure that it had no dangers or hazards. If there were problems that were reported but never fixed, there could be ample evidence that the city is to blame. Further, there could be private property owners at or near the beach who could be held responsible. They may run stalls, shops, and more, or they may even have property that is beach-front. The premises that you are on must be safe and not present any dangers for those on it. You can sue if the property owner:

It can be difficult to prove that the property owner was negligent in any of these ways if you do not have a solicitor on your side. Premises liability cases are not simple, and you should defer to a skilled, experienced solicitor for your claim.

How do I file a lawsuit for a beach injury?

If you were injured at the beach, you should take the following steps: Firstly, you should go to the hospital to get treatment. You should not wait too long to get checked out; a delay between the incident and the treatment can be a red flag for the insurance agency. You should keep all medical notes, doctor’s notes, hospital receipts, and statements showing you received treatment.

Next, you should take as many photos as you can of your injuries, the scene of the incident at the beach, any defects or hazards, and more. These photos and, and even videos, will come in handy and show the extent of the dangers.

You can interview eyewitnesses and bystanders who saw the accident happen or who can attest that there is a danger present at the beach. These testimonies will help buffer your case. You should also take down any relevant information from private property owners or find a lifeguard who was responsible. All of these contact details will help you reach the correct insurance agency to file your claim.

Lastly, it is important that you call a solicitor who has experience in beach accident lawsuits. We will gladly organise your evidence for you and submit it to the proper party. We will negotiate a fair deal, argue in your favour, and work to bring you the justice you deserve. You can spend your time recovering and returning to a normal life.

What can I win from a beach accident lawsuit?

Victims of beach accidents can receive fair compensation for their injuries and damages. We can ensure that you are adequately paid if you were hurt; you should not be expected to cover these debts and bills by yourself. The party that contributed to the accident in some way should bear the burden of the damages. Our team will help you recover the following losses:

For more information or a consultation regarding your claim then please contact one of our team today at personalinjuriessolicitordublin.

Some people will know the answer to that question, but for those who don’t, it refers to something called the ‘limitation period’.

Without getting into speaking legalese, it simply means that if you have suffered personal injury in an accident that was caused by another person, then as an adult, you have just 3 years from the date of the accident within which to start a claim against the person that caused it.

If you don’t start a whiplash claim, within three years from the date of the accident, you won’t be able to claim at all. Your claim will be ‘time-barred’ or ‘statute barred’. In other words, your chances of claiming will be over.

By, ‘to start a claim’, means that the court process must have been commenced. It’s not enough that you have been in correspondence with the other party’s insurance company. If the claim hasn’t been settled, papers must have been sent to the county court for ‘issuing,’ i.e., you must have paid your court fee and got your court papers stamped, at the very least.

Why do some people who have suffered personal injury in a road traffic accident not make a whiplash claim straight away?

There may be any number of reasons. Here are some of them:

  1. They don’t realise that they are entitled to claim
  2. They are aware that they can claim but want to wait and see how their whiplash injury develops before deciding whether to make a claim
  3. They are aware that they can claim and also know that they have three years within which to do so. For that reason, they put off claiming until they have ‘got the time’ to get in touch with a solicitor.
  4. They know that they can claim for the personal injury that they have suffered but haven’t made a claim before and are a bit nervous about doing so now.

It has always made sense to take legal advice as soon as possible from an expert personal injury solicitor when you’ve suffered a whiplash injury in a road traffic accident:

Being involved in a car accident is not a pleasant experience, even if you have not been seriously injured. In any event, let’s not minimise whiplash – chronic whiplash is highly painful and debilitating. 


If you find yourself in a position of unsure to claim, we strongly suggest that you speak to an experienced personal injury solicitor who regularly deals with whiplash claims and get them to start your claim immediately.

At Personalinjuriessolicitorsdublin, we're continually helping people across Dublin make successful claims for whiplash. If you have any questions or would like to pursue a claim then contact one of our specialists today.

What is 'contributory negligence’? Contributory negligence is a partial defence to a personal injury claim. If the defendant is successful in arguing this defence, it can lead to a reduction of a claimant’s award in damages.

In the instance that you make a successful personal injury claim in the courts, you could still be found to be partially at fault for your own injuries. A common occurrence in which contributory negligence is raised as a defence is when the claimant is involved in a road traffic accident but is not wearing their seatbelt. However, it is an argument often raised in other cases too, such as accidents at work or trips/falls.

When will the defendant be successful in arguing contributory negligence?

The burden of proof lies upon the defendant in this aspect of the claim. In short, the defendant will have to prove their allegation that you, the claimant, are partially to blame. A defendant can put forward an argument of contributory negligence even if they admit fault. To do this, the defendant must satisfy three tests in the eyes of the court:

The court will then take into account the respective ‘blameworthiness’ of each party and calculate the degree or level to which each party was to blame for the claimant’s injuries.

Why contact a Personal Injury Solicitor?

Contributory negligence is a complex issue and must be given careful consideration by a solicitor acting for a claimant. It is a matter to be aware of from the very beginning of your claim and throughout. The defence can be challenged by a claimant and will fail if the court deems the defendant not to have provided sufficient evidence to substantiate the reduction in the claimant's damages.


Our specialist personal injury solicitors can help you to bring a claim and advise you on issues such as contributory negligence. Call our personal injury specialists today on 0872905001 to discuss if you could be entitled to claim compensation.

Possibly one of the most difficult types of cases our expert team deals with is when a client approaches us for help and advice where a family member has passed away. These cases can be emotionally tough for any client. Adding litigation into the mix is usually a huge emotional step to take..

Firstly, we are all human and we recognise that these types of claims are incredibly difficult for clients and their families to deal with. We understand that there are times clients feel unable to deal with the case straight away and may need more time to process the information when we are giving you advice and asking for information.

In terms of the process, initially we need to work out who is the correct person in law to bring the claim. If there’s a Will, then it’s the executor of the Will that will usually bring the claim on behalf of the beneficiaries of the estate. If there’s no Will, it’s usually the surviving spouse, or a parent, that can bring the claim. It can get more complicated, and if your situation is different, we will be able to guide you through that process. You may also be required to obtain a grant of probate.

The next stage is to sort out funding, which is usually reliance on an existing insurance policy, or a “no win, no fee” agreement. Each client’s circumstances are different, so we’ll work through that with you too.Then we get to work asking for copies of the deceased’s medical records and if there’s been an inquest, we will need those documents also, along with the death certificate.

In terms of the claim, we need to prove two things for a successful claim: (1) substandard care, and (2) an outcome that resulted in the death that would have been avoided had there not been substandard care.

We do this by asking independent medical experts to look at the deceased’s records. They’ll consider those two points above and give us advice as to whether there’s a claim. If there is a claim, we can put this case to the defendant and invite them to admit liability. If it is admitted, we will request compensation and negotiate resolution of your claim. If liability is not admitted then we may need to start court proceedings.

If the expert evidence supports the case, we will look to claim damages which can include:

This list is not exhaustive and is just to give you an idea of the items we would consider claiming for.

At the end of the day, we know these claims are emotionally charged. Our aim is to support you, deal with the claim compassionately, and to look to get the cases resolved as swiftly as possible, avoiding court proceedings if we can.

We would encourage anyone touched by the death of a loved one to reach out to bereavement services who are able to provide support, such as the ones below:

If a loved one has died due to the negligence of a medical or health professional then we may be able to help you pursue a claim for compensation. Our leading team of experts are on hand to offer advice, so please get in touch with us on 0872905001 or complete our online enquiry form and we will contact you directly.

Health ministers have warned that the health service is moving towards an “uberisation” of GP services, with patients being forced to see a different doctor every time they visit their local surgery.

Ministers warned of a crisis in the sector. In particular, highlighting the important role GPs play in terms of spotting cancers and how this appears to be impeded when there is less continuity of care. For example, a Norway study from 2021 which found that there was a 30% less chance of a patient going to hospital and a 25% less chance of a patient dying if they had the same GP over a long period of time.

A poll released from 1,395 GPs which had a staggering finding that nearly nine in ten GPs fear patients are not always safe at their surgeries. Ultimately, the GPs themselves believe that it is “safer to make a diagnosis if you know a patient’s context, you know their family, their social situation. You’re more likely to see those red flags when you should.”

Health experts highlighted that more is being invested in the health service workforce than ever before in history, and this includes having more doctors in training at medical school than any other time in history. However, the opinion does seem to suggest that the policy in relation to how people are seen by their GPs needs to be very carefully considered to ensure patient safety.

If you or a family member has suffered an injury due to the negligence of a medical or health professional then we may be able to help you pursue a claim for compensation. Our leading team of experts are on hand to offer advice, so please get in touch with us on 0872905001 or complete our online callback form and we will contact you directly.

Accidents can happen – however, what if another person’s negligence is directly responsible for an accident or serious injury when you are in the workplace? We help parties receive the justice they deserve for an injury that could have been avoided.  Our personal injury team has expertise in this area, but we know that the whole process of making a claim can seem daunting and complex. 

We will try and, give some clear answers to some of the most common questions he is asked:

I’ve had an accident at work - what are my rights?

If you’ve had an accident at work that wasn’t your fault, you have the right to make a personal injury claim.

Can I claim compensation?

If your accident was a result of someone else’s negligence, then you may be entitled to compensation for the harm caused.

Employers have a duty to protect the health, safety and welfare of employees, and any visitors, in the workplace.  The correct procedures must be in place to make sure that employees do not sustain any injuries or health-related issues.

Even so, accidents do still happen.  According to recent statistics, there were 693,000 injuries caused at work last year, resulting in an estimated 6.3 million working days lost at a cost of €5.6 billion. 

How do I make a claim?

The first step is to contact us.  One of our expert personal injury team will talk you through the process and provide you with practical, clear advice as to whether or not you have a case.  You can call our team on 0872905001 or send us some information and we’ll call you at a time that suits.

How long will my claim take?

For simple injuries (e.g. falls, trips and slips) the process shouldn’t take longer than 12 months. However, for more complex and prolonged injuries, or where the defendant denies liability, it can take longer to negotiate a settlement.

My accident was a year ago – am I too late to claim?

In most circumstances, the time limit to make a claim is 3 years.  That means that court proceedings must be started within 3 years of you realising that you sustained an injury. 

What evidence will I need to provide?

Evidence of the accident and injury will be useful if you decide to make a claim and it will certainly help strengthen your case. Types of evidence might include:

Will I have to go to court?

Many personal injury cases won’t see a courtroom.  Most cases see the person liable accepting the claim and settling it outside of Court.  However, if matters get more complicated and result in Court proceedings, our personal injury lawyers will be by your side to fight for the compensation you deserve.

Can I lose my job if I make a claim against my employer?

It’s a common occurrence for clients to be worried that they might lose their job if they make a claim against their employer. However, this should not be the case – your employer has a duty of care, and if they fail in that duty, resulting in you sustaining an injury, then you have the right to make a claim.For more information and advice, please contact one of our team today

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