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0872905001Some 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:
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.
When will the defendant be successful in arguing contributory negligence?
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.
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
Joseph McNally, at PersonalInjuriesSolicitorDublin, provides expert advice for people who are choosing a personal injury solicitor to manage their compensation claim.
1. Are they experts in personal injury law?
There are solicitors that tend to dabble in personal injury and then there are real specialists in their field, like personalinjuriessolicitorsdublin.ie. Appointing a specialist solicitor will ensure your personal injury compensation claim is in the right hands - make sure you research your preferred personal injury company before appointing them as your legal representative.
Personalinjuriessolicitordublin ensures all of its personal injury solicitors receive regular and extensive legal training throughout their time with the firm. The regular training, together with its decades of experience and lawyers who work in very specialist teams, ensures clients receive the highest-quality legal advice and representation.
2. Do they have testimonials of clients they have acted for, who are pleased with the results and happy with the amount of compensation they received on trusted websites such as Google or TrustPilot?
All solicitors will claim they will do their best for you, but is what they claim believable and do they really look like experts that have a proven track record in winning compensation claims? Personalinjuriessolicitordublin has over 20 years’ experience in helping people to secure the maximum amount of personal injury compensation in the shortest possible time. We are also, unlike any other law firm in Dublin, uniquely dedicated to injured people.
3. What are their payment terms?
Terms and conditions between law firms can often seem similar, but there can be little variations that make a huge difference. It’s vital that you understand these and what you’re signing up to before you appoint your personal injury lawyer - otherwise you could find yourself out of pocket when another firm could have provided a better deal.
Personalinjuriessolicitordublin can discuss a range of options with you, including no fees if your claim is unsuccessful.
4. Do they have links to support groups?
Choosing a personal injury lawyer with established links to charities and support groups can ensure you and your family have access to specialist care, rehabilitation services and emotional and physical support. Personalinjuriessolicitordublin is proud to work alongside a wide array of support networks based in Ireland, to ensure its clients are able to get their lives back on track as quickly as possible following a personal injury.
5. Are they local?
Trust is a huge part of choosing a person managing your personal injury claim which is important whatever your type of compensation claim. Personalinjuriessolicitordublin has an Ireland wide network of personal injury specialists, who are committed to combining local knowledge with their legal expertise to ensure every client receives the best service possible.
How can Personalinjuriessolicitorsdublin help me?
Personalinjuriessolicitorsdublin has represented thousands of people to make successful personal injury compensation claims, and has established itself as one of Dublin’s leading personal injury law firms. To discuss your claim and how we may be able to assist you then please contact one of our specialist team today on 0872905001 or email on info@jmsolicitors.ie.
They say April showers bring May flowers, unfortunately they also bring along an increase in car accidents. We typically see an increase in personal injury cases every year coming into the Spring/Summer months. You can never quite tell what causes some accidents but there are some that are far more common than you think.
We look into some of the more common causes that are linked to this and we hope that it will give you some valuable information that can be used to avoid a potential car accident.
Spring time in Dublin is always known for its wet weather. And as we know rain can cause reductions in driving visibility. Its also makes the roads more slippery because the gaps in the road can be hidden with water. This reduces the traction and increase the chances of you hydroplaning. Unfortunately, the chance of a car accident increase considerably under these conditions. When driving in the rain you should always stay extra aware and keep your distance from other drivers as well as decreasing your speed.
As the weather gets warmer more people will tend to be out on the roads. People are on more holidays and want to get out of the house, particularly around the Easter bank holiday, and unfortunately this increases the chances of getting involved in an accident. Drivers are sometimes travelling to areas across the country they aren’t familiar with, engage in tailgating, and occasionally even find themselves in road rage situations. The best way to avoid these sorts of pitfalls is to leave yourself extra time to get to your destination and prepare your journey before you set out.
It is very easy to get distracted whilst driving. The majority of people will talk to other passengers, eat or drink, adjust car settings, or even use a mobile device while driving. Unfortunately, all of these can be very dangerous on the road and have been known to cause accidents across Dublin. You should keep distractions to a minimum and pull over to the side of the road if you need to make a call or deal with anything urgently.
The change in time can cause upset to people’s sleep patterns and daily chores. It’s completely normal to feel tired as your body gets readjusted. But being drowsy while driving can have a significant impact on your performance and cause an accident. If you’re feeling tired, the best thing you can do is to pull over to the side of the road and rest or let a passenger drive.
The warm sun always gets people out of their houses. Because there are far more individuals going for walks and riding their bikes, it’s important for drivers to be mindful of their surroundings. Pedestrian and cycling accidents can be very serious, so make sure to slow down and drive defensively.
People from across Dublin frequently contact us, describing various injuries that they suffered as a result of a car accident. We have specialists to help answer all of your questions and guide you through the claims process. Please call us today at personalinjuriessolicitordublin.ie for more information.
Just thinking about attending a Trial can be daunting. Before you turn up at court its always better to know what you will be facing and what to expect whilst you are there.
First and formally, it is important to note that although a trial is the concluding phase of the personal injury claim process, at personalinjuriessolicitorsdublin the majority of cases are resolved well before trial, and in many instances before Court proceedings are issued at all.
When at trial, a Judge will examine the evidence to decide whether the Defendant should be held legally responsible for the injuries and harm alleged by the Claimant.
Typically, the trial will consist of six main phases:
Opening statements are presented by both parties’ Barristers. They will summarise to the Judge, the claim being brought and the basis on which it is defended.
2. Evidence in Chief
As a standard process in the Court The Claimant is sworn in first, either by the holy book of their choice, or; for the non-religious, by an affirmation of their intention to tell the truth.
The Claimant will always give their evidence first, as the burden of proof is on the Claimant to prove their claim. The Claimant’s Barrister will start by getting the Claimant to confirm the contents of their Witness Statement, usually by confirming that they have read it recently and that the signature on the final page is their own.
The Barrister can or may then ask the Claimant some questions regarding the accident circumstances and the resulting injuries.
3. Cross Examination
It is then the turn of the Defendant Barrister to pick apart the Claimant’s evidence, and to find some inconsistencies within the same. Unlike with evidence in chief, Barristers are able to pose leading questions in cross examination. Examples of this type of question would be, “you crashed the car because you were driving recklessly, didn’t you?” or; “you did receive adequate training on the correct use of the work machinery, didn’t you?”
Claimants often find this part of the trial the most unnerving, however it is important to remember that it is the Defendant Barristers job to disarm the Claimant and defend the claim.
4. Re-examination
At this stage the Claimant’s barrister will put further questions to the Claimant, off the back of the cross examination.
Steps 2, 3 and 4 and then repeated for the Defendant and any witnesses to the evidence.
5. Closing Arguments
Once all the evidence has been heard by the court, both parties Barristers will make closing statements summing up their arguments. The purpose of this stage of the trial is so that all the parties can highlight the key issues for the Judge to consider when forming his/her judgment on the case.
6. Judgment
Before making a decision, a Judge may take a break to re-consider the evidence in his/her chamber. Once they have formed their judgment, they may return to the Court to read the same. Judges are not required to provide judgment the same day that the evidence is heard, and may also give their findings in writing or at a further hearing where they consider it is more appropriate.
A Fast Track Trial can last for 1 day. There is normally waiting time in the morning and a break for lunch in most instances.
Personalinjuriessolicitorsdublin, we will arrange for you to be represented at the Trial by a Barrister. We also aim to attend ourselves to make sure the day proceeds as smoothly as possible.
If you do have a case that is heading towards a Trial then contact your Case Handler who will be happy to discuss it further with you.
What are the new Personal Injuries Guidelines?
The new Personal Injuries Guidelines were published nearly 12 months ago on April 24th 2021 by the Judicial Council which is a body composed of all judges in Ireland. They set new guideline levels for personal injury compensation awards in Ireland.
The new guidelines from the Judicial Council will change the amounts of General Damages to be awarded by the Courts and by PIAB.
That will help bring about greater consistency across personal injuries awards. The guidelines will support greater use of the independent, transparent, fair and efficient service provided by PIAB.
The Personal Injuries Guidelines deal with a wide range of injuries in terms of General Damages, which are the amounts awarded for pain and suffering in relation to an injury where someone else is at fault. They do not change Special Damages, which are costs like medical or travel expenses or compensation for loss of wages. As we approach the 12 month period we review the impact of the new guideline and answer the most common questions regarding the changes.
How will these new Guidelines work?
The Personal Injuries Guidelines are a new set of personal injury compensation guidelines that will now replace the Book of Quantum in all personal injury claims from April 2021. As the PIAB and the Courts will consistently award damages in line with the new Guidelines, it should reduce the likelihood for claims to go to the lengthy and costly litigation process, and instead support the greater use of the PIAB service which has far lower processing costs.
The new Personal Injuries Guidelines must be used by PIAB and the Courts in awarding compensation if a person successfully pursues a personal injury claim. If PIAB or the Courts do not follow the new guidelines in any case, they are obliged to give reasons.
PIAB is the independent statutory body which fairly assesses claims. From the commencement date of April 24 2021, PIAB will assess all personal injury cases in line with the new Guidelines.
When do they come into effect?
The new Personal Injury Guidelines were approved by the Judicial Council in early March 2021. Legislation was passed to bring the Guidelines into effect and the Guidelines apply to all cases assessed by PIAB after the commencement date of April 24, as announced by the Minister for Justice.
I currently have a claim going through PIAB. What do these new guidelines mean for someone currently making a claim or someone against whom a claim is made?
Where a claim is assessed before the commencement date of the new Guidelines (24th April), it will be assessed based on the Book of Quantum. Where a claim is assessed on or after that date, it will be assessed based on the new Personal Injuries Guidelines. The date of assessment will be confirmed on the Notice of Assessment letter.
What about where Court proceedings are commenced on or after 24th April?
Where a claim is assessed prior to the 24th of April 2021 any subsequent proceedings arising out of the rejection of the assessment will be based on the Book of Quantum.
Where a claim is assessed on or after the 24th of April 2021 any subsequent proceedings arising out of the rejection of the assessment will be based on the new Personal Injury Guidelines.
How do the new Guidelines affect claims made in the future?
The new Guidelines will be used by both PIAB and the Courts to assess compensation amounts in personal injury claims.
The new guidelines will bring greater transparency and consistency to personal injury awards. They will reduce the overall levels of awards in Ireland and bring them into line with awards in other countries. This is seen as an important step in ensuring fair, consistent and reasonable compensation to claimants and bringing down the high cost of insurance across Ireland.
Do these new Guidelines mean lower awards for personal injury claimants?
The Personal Injuries Guidelines reset award levels for Ireland from the date they become operative and for a significant number of injuries the new levels are substantially lower than previous levels, while they are higher in a small number of categories. The new guidelines will also have more detail on compensation amounts with the inclusion of a broader range of personal injury types.
The new guidelines provide a consistent framework for personal injury awards and will ensure that all claimants have access to fair, transparent and consistent compensation if they have suffered a personal injury.
What happens if I do not wish to accept my PIAB award after the introduction of these new Guidelines?
A claimant who does not wish to accept a PIAB award can decide to go into the litigation process under the current situation, and that does not change with the new guidelines.
The new guidelines for personal injury compensation are the same for awards made by the PIAB and the Courts. The PIAB system processes compensation claims faster and with far lower costs than through costly litigation.
At present we are unaware of how judges will interpret the new guidelines when assessments made by the PIAB are rejected by a claiment. Our recommendation is that if you are involved in any form of accident that has resulted in you being injured you should seek advice from one of our specialist team at personalinjuriessolicitorsdublin.
