Do I Need a Personal Injury* Solicitor?

Often when an accident occurs, the victim is often told that they do not need a solicitor or is put under pressure to accept a fast settlement offer.

When I had an accident at work, my employer told me that I would not get more than €5,000 for my injuries and that I had to accept the offer right away. I called the solicitors from Personal Injury* Ireland and ultimately settled for €16,000. – SM, Dublin

Solicitors who specialise in personal injury* are well placed to advise you if a settlement offer is fair, and to let you know what your options are if it isn’t. It is also important to realise that whoever you’re claiming against – an employer, a public body, or a property owner – is extremely likely to be well-represented on their side with their own solicitor and their insurers solicitors. It is important that you take steps to make sure your interests and your claim are protected.

Solicitors for Personal Injury* and Auto Accidents

Since 2004, Ireland has had both the Personal Injuries Assessment Board (PIAB) and The Motor Insurers Bureau of Ireland (MIBI). Virtually all personal injury* claims except medical negligence must, by law, go before the PIAB before any action may be taken in court. Likewise, all claims involving uninsured drivers must go before the MIBI.

People often think that these requirements mean you do not need a solicitor, even when making a claim for a serious accident or injury. However, the system is not as simple as it appears to be, and it is often in your best interests to secure the services of an experienced personal injury* solicitor to take you through the process and through the next steps.

Claiming from the PIAB

The PIAB will tell you that you don’t need a solicitor. However, the PIAB will also not give you legal advice, and while the claims process may seem simple, there are a number of commonly encountered pitfalls in the claims process.

• You might fail to submit paperwork, forms and/or filings in the proper format, within the allowed time frame, or by the proper means (sometimes mail, sometimes registered mail, sometimes electronic), putting your claim in jeopardy;
• Only the initial injury report from your GP is allowed, but follow-up GP reports or referrals to a specialist may show a more serious or lingering injury you are effectively blocked from claiming for;
• You may accept the PIAB settlement offer, only to find your injury gets worse and you have no more recourse to extend your claim;
• Submitting documentation that is misleading, even in error, can result in your claim being dismissed and even criminal prosecution.

Very often it is in your best interest to go through the PIAB process with your solicitor, reject the compensation offer of the PIAB, and proceed to negotiate directly with the other side’s solicitors and insurers.

Claiming from the MIBI

The MIBI was set up to compensate victims of road traffic accidents injured by uninsured motorists. Unlike the PIAB, the MIBI does recognise the role of solicitors in properly representing their client’s interests. The procedures for claiming with the MIBI are very strict and seemingly inflexible, creating a number of common pitfalls:

• L

These procedures are strict, and unfortunately if you fail to comply with them exactly, it can result in your claim being dismissed. Very often you may find that it is in your best interests to proceed with an experienced solicitor when filing and dealing with the MIBI.

What About the Costs?

Under the Irish legal system, if you recover compensation in regards to a personal injury* claim, you are entitled to have your solicitor’s fees and costs paid by the other side. Please see the article on Legal Costs for a better understanding of how this may work in your case.