Have you recently been involved in road traffic accident or accident which has resulted in personal injuries*?
Making a personal injury* claim can be stressful, difficult and time consuming when you have never had to deal with something like this before.
Cairbre O’Donnell of our firm has over a decade of experience in dealing with personal injuries claims*. He will guide you through the steps that have to be taken and explain what all the legal jargon means.
In order for Cairbre O’Donnell to advise you on your accident it is important to have as much information as possible ready before your first meeting.
Our checklist below is a good guide to what information you will need:
• How the accident happened: A detailed description of the accident and the events leading up to the accident?
• Where it happened: Have the exact location. Do you have any pictures or other evidence like a dash cam?
• What date and time the accident happened? The legal time limit for a personal injury claim is normally two years from the date of knowledge of the injury which is normally the date the accident occurred.
• Do you have any witnesses?
• Do you have details such as insurance policy number or car registration (if a motor accident) of the person who you feel is responsible for the accident. Do you know their name or the name of the business you feel is responsible.
• Have you gone to your GP or been seen by a doctor in A&E as a result of the accident? When did you first go to see your doctor because of the accident? One of the most important aspects of any claim is the medical report prepared by your doctor.
• Keep a pain journal. Make a note of when you have been in pain or discomfort as a result of your injury. Make a note of how your lifestyle has been effected as a result of the injury.
• Keep receipts for anything you have had to buy or has cost you money as a result of the accident. You will be able to claim these expenses back if they were as a result of the accident but you will need to be able to prove how much you spent. These call called ‘special damage’ or out of pocket expenses.
• Arrange a consultation with Cairbre O’Donnell either in person or by phone or video call such has Zoom.
• Cairbre O’Donnell will then advise you if you have a potential claim.
FIRST STEP: Personal Injuries Assessment Board
Once all the above information is available Cairbre O’Donnell will then complete the Personal Injuries Assessment Board Form A, go through the facts with you again and arrange for your application to be lodged with the Personal Injuries Assessment Board together with a medical report from your doctor.
The Personal Injuries Assessment Board will then write to the person who caused the accident sending them a ‘Formal Notice’ or their insurance company and ask them to consent to the assessment of by the Personal Injuries Assessment Board within 90 days from the date of the Formal Notice. If they agree to the assessment or fail to reply to the Personal Injuries Assessment Board within the 90 days the Personal Injuries Assessment Board will proceed to assess your claim within 9 months. The Personal Injuries Assessment Board will assess your claim in accordance with the Book of Quantum.
If the Respondent (person you feel caused the accident) declines to have the Personal Injuries Assessment Board assess your claim then an Authorisation will issue which will allow you issue court proceedings.
If the Injures Board assess the claim and you are unhappy with it and you reject the assessment, then an Authorisation will issue and you will need to go to court. Cairbre O’Donnell will guide you through the entire process and advise on the factors you will need to consider when deciding whether to reject or accept the award. He also has access to top class barristers, if needed, to give an opinion on the award if it is one that is borderline.
Out of office hours appointments available.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
