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Personal Injury Compensation Claim FAQ
Personal Injury Direct will make the claims process as simple and straightforward as possible. The questions and answers on this page give you some general guidance about our service and how to make a claim. If you have a question that isn't answered here, you can call us on 1890 252467 or email us with your enquiry.
How do I know if I have a claim?
You can only claim compensation for an injury if a person or organisation is at least partly to blame. They must have been negligent about the way something was done, or not done when it should have been.
A personal injury can happen, for example, at work, in a road accident, because of a faulty product, or because you tripped on a paving stone or slipped on a wet floor in a shop. It can also include an illness or condition caused by your working environment, such as contact with asbestos.
An injury may be psychological as well as physical, so you may be entitled to compensation for distress or upset after an accident as well as for the physical injury.
You should seek legal advice before you contact the person or organisation you think caused the injury or before replying to any letters or offers to settle your claim.
If we believe you have no case we will tell you immediately as it will not be in your interest to pursue a case if you have little chance of being successful.
Can I claim if the accident happened a long time ago?
If you are thinking about making a claim for compensation, it is important to get legal advice as soon as you can. This is because you must start proceedings within two years of when you were injured, or of when you first knew you were injured. After this, it will almost always be too late.
This two year limit can only be waived if the claimant is suffering from a mental disability, is under 18 or if the case involves a disease which takes a long time to develop. For example, if you are suffering from an asbestos-related disease, you would have two years to make a claim from the date you first knew about your illness and that it was linked to your work.
If you are concerned about whether you still have time to claim, or if you are close to the two-year limit, contact Personal Injury Direct as soon as possible and we can advise you.
What is the Injuries Board?
Before commencing Court proceedings in Ireland, all personal injury claims (with the exception of a personal injury arising out of medical negligence) must be submitted first to the Injuries Board (formerly known as the Personal Injuries Assessment Board or PIAB). The Injuries Board is an independent government body which assesses the amount of compensation due to a person who has suffered a personal injury.
The Injuries Board can deal only with matters where there is no dispute on liability, as they do not hear cases. In the event that the defendants agree, an assessment of damages can be carried out by the Injuries Board without the necessity of proceeding to Court.
It is not the role of the Injuries Board to advise you on your claim or how best to present your case
Personal injury* Direct can work on your behalf in submitting and presenting your application to the Injuries Board in an appropriate manner and in advising you on the appropriate valuation of the damages and the merits of accepting or rejecting any assessment made. It should be noted, however, that the Injuries Board does not award any costs, so your Legal Fees must come out of the figure assessed by them.
If my accident happened at work, can my employer sack me if I claim?
Your employer is not allowed to dismiss you for making an accident claim. Many employers have insurance against staff accidents. This means that their insurance company will pay your compensation, not your employer. If the employer does not have insurance, then the employer will be liable for any compensation.
Will people think less of me if I make a claim?
If you have suffered a genuine injury that wasn't your fault, then you have a legal right to compensation for your pain and suffering. Furthermore, by making a claim you may help to prevent the same thing happening to someone else.
What will it cost me to claim?
When you use us to make a claim we will not seek any payment of our fees until you receive any settlement or award. You will be provided with a detailed letter setting out how costs are estimated in a personal injury claim. Your solicitor will be happy to discuss and clarify any questions you may have in this regard.
What if I lose my case?
If we take on your case but don't win, you may have to pay the costs of the other side. However, our solicitors will not advise you to pursue a claim unless they feel there is a good probability of your claim being successful.
How much compensation will I get?
If your claim is successful, you will be awarded compensation. Such awards are intended to put you in the same financial position in which you would have been had your accident not occurred.
As well as compensation for your pain and suffering, you might also get money for loss of earnings or any treatment costs. For further details on compensation amounts click here.
It's impossible to value your case until we have details of your injury, including a medical report. Your Personal Injury Direct solicitor will be able to discuss this with you and give you more detailed advice.
Are there any cancellation fees?
If your solicitor advises you that you are unlikely to win your claim, Personal Injury Direct will decline your case and there will be no legal fees payable. If you instruct us but later decide not to continue with your claim, you might have to pay for the work done on your claim so far.
Will I have to fill out loads of paperwork?
Your Personal Injury Direct solicitor will do most of this for you. You will have to check the details of your claim, but your solicitor will help you with this.
Who will deal with my claim?
Your claim will be handled by a dedicated personal injury solicitor.
Our solicitors will try to settle your claim quickly wherever possible. Many low value claims can be settled in just a few months. If however you have suffered a more severe injury, it will probably take longer. But every case is different and your solicitor will be able to tell you the average time it takes to settle your type of case.
When will I get my compensation?
When your claim is settled or concluded, Personal Injury Direct will work to ensure that your monies are paid quickly by the defendant.
Will I have to go to the solicitor's office?
At Personal Injury Direct, we believe it is for you to choose on what basis you engage your solicitor. We don't insist that you visit our offices. Subject to the usual verification of identity rules, your case can be dealt with by phone, email etc.
Will I have to get a medical?
In order to determine the extent of your injuries we will request your doctor and/or the Consultant of any hospital you may have attended to prepare what is known as a medical legal report outlining your injuries, their prognosis and treatment. You may also be required to attend a doctor on behalf of the Defendant’s insurance company. The costs of this will be paid for by the insurer. Depending on the severity of your injuries you may be required to attend at more than one medical practitioner, and on more than one occasion.
How long will my case take?
We try to settle all cases as early as possible, where it is practical to do so. This is determined by the Defendants willingness to settle the case but also by the severity of your injuries. We will not look to settle your case until we have a clear understanding of the nature and severity of your injuries and the anticipated time frame for a full medical recovery.