The Personal Injury* Legal Process in Ireland

The process of taking a personal injury* claim all the way through court is, unfortunately, very involved. However, it is important to remember that most personal injury* cases do not go to court because they are successfully settled, meaning the the Defendant offers you money to settle your case out of court and you are satisfied with and accept the amount of money they offer.

1. Hiring a Solicitor

People often hire a solicitor in personal injury* cases because they want someone “on their side” to represent their best interests, guide them through a complicated process, and help them to get the maximum award they can achieve.

If you have been involved in an accident you can that caused you personal injuries, the solicitor will need to know;

• All the facts surrounding the accident
• All of the injuries you suffered as a result of the accident
• All of the expenses which the accident caused you to incur

For example, if was an accident in the workplace, you will need to explain what you were doing at the time of the accident, who was in charge and who witnessed the accident.

You will need to describe your injuries and any hospital or medical treatment you have received. Your solicitor will want to know about all injuries that you suffered, whether they were physical, psychological or emotional, and all the symptoms

You will also need to calculate any loss of earnings because you could not go to work and medical expenses like medication costs and doctors’ bills. You should also include related expenses such as bus and taxi-fares if you are unable to drive as a result of the accident.

2. Settlement

Most personal injury* cases in Ireland do not go to court because they are settled in advance.  Often, a settlement between all the parties is reached before the trial date or sometimes on the day of the trial.

If the Defendant wishes to offer you money to end your claim and you are agreeable to settling your case out of court, your solicitor can arrange a settlement meeting with the Defendant’s legal representatives prior to the trial date.

At the meeting, your legal representatives will explain to you the advantages and disadvantages of accepting the offer made by the Defendant and will give you advice about your chances of success at trial and the amount of damages you may receive in court.

If it is not possible to settle a case satisfactorily, you can elect to proceed to court.

3. Going to Court

Your case may be heard in the District Court, the Circuit Court or the High Court. It depends on the value of your case, i.e., how much you claim the Defendant should pay you.

If you have been injured in an accident, the value of your case will be assessed by your solicitor by considering doctors’ reports about the nature and extent of your injuries and the prognosis for the future.

The District Court has power to award up to €6,348.69 euro in damages. The Circuit Court has power to award up to €38,092 euro in damages. The High Court has unlimited power to award damages.

4. The Court Case

If your personal injury* case in Ireland has not been settled out-of-court, it will be scheduled for trial before a court.

If the Defendant in the case has not admitted he/she is at fault, the trial will take the following format;

• 1/ Your barrister will outline to the judge the nature of the case and the injuries you suffered.
• 2/Medical evidence relating to your injuries may be given by a doctor if appropriate.
• 3/ You are called to give evidence about how the accident occurred and your injuries.
• 4/ All the other witnesses on your side give evidence and are cross-examined.
• 5/ The Defendant’s witnesses are each called to the witness box and give evidence.

When all the witnesses have been called, both barristers may make submissions to the judge. This may include summarising or emphasising certain evidence or making legal arguments.

The judge will make his/her decision on:

• Whether the Defendant is at fault and therefore liable to pay damages to you,
• The amount of damages to which you are entitled as a result of your injuries ,and
• Who shall pay the costs of the proceedings. Usually, if you have won the case, the judge will order that the Defendant pay your legal costs as well as his/her own.

If the Defendant admits that he/she is to blame for your injuries and you are not happy with the amount offered in settlement of damages, then the matter will be sent to a court for judgement on the amount of damages you are entitled to.

In this situation, the court does not consider the question of who is to blame. The judge places a financial value on your case based on an examination of the nature and extent of your injuries and the prognosis for the future. This examination will be conducted by considering the available medical reports and/or hearing medical practitioners’ evidence relating to your injuries.

You will be called as a witness so that you can describe your injuries.

5. Award of Compensation

It is not enough to have been in an accident or to have suffered injury in order to obtain compensation from the courts. It must be clear that the party or parties you have sued were to blame for the accident and the injuries that you have suffered.

It may be the case that a number of people are partly to blame for an accident, including the person suing. In that situation, the court will apportion or divide the blame between the different people involved. For example, a driver who suffered injury in a car accident in circumstances where he/she wasn’t wearing a seat-belt may be 15% to blame for the injuries he/she suffered. As a result, the court may only award him/her 85% of the compensation that his/her injuries are valued at.

Your claim for compensation will be divided into two parts:

General damages

This is compensation for the pain, suffering and inconvenience you experienced and will continue to experience as a result of the accident.

The court will decide the level of damages by the estimating the gravity of the injuries. It will do this by considering all the medical evidence put before it, by considering the pain already suffered by the person suing and the prognosis for the future, i.e., how long and to what intensity the injured party is likely to continue suffering.

Special damages

This is compensation for the financial costs and expenses both past and future you incurred as a result of the accident. This would include the cost of repairing your car (if relevant), the medical costs you incurred, your loss of earnings as a result of being unable to go to work and all expenses including travel, home-help, etc., you incurred.

You may be asked to produce receipts and bills to prove you have incurred all of these expenses so it is important to keep a file of every bill and receipt.

When will you receive the award?

Usually awards as a result of civil cases in Ireland are paid by cheque by the Defendant to your solicitor within 6 to 8 weeks.

Information taken in part from CitizensInformation.ie on the 15th of August, 2009.