IrelandPersonal Injury
Slip and fall, medical malpractice, product liability, dog bites, defamation
25 questions
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Claims Process
(5)What is the limitation period for personal injury claims?
The limitation period for personal injury claims in Ireland is two years from the date of accrual of the cause of action, usually the date of the injury or date of knowledge.
Must I go through PIAB before taking a case to court?
Yes, in most personal injury cases in Ireland, you must apply to the Personal Injuries Assessment Board (PIAB) before going to court โ unless an exception applies.
How does PIAB assess my claim?
PIAB assesses your claim by reviewing medical evidence and applying the Book of Quantum to determine a fair compensation amount, without a hearing or oral evidence.
How long does a PIAB assessment take?
A PIAB assessment typically takes up to 9 months from the date PIAB receives a complete application, though it may be extended in complex cases.
Can I reject PIAB's assessment and go to court?
Yes, you can reject the PIAB's assessment and issue court proceedings, but only within 28 days of receiving the assessment.
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Basis of Liability
(7)I slipped and fell in a shop. Is the occupier liable?
Yes, the shop occupier may be liable if they failed to take reasonable care to ensure your safety while you were lawfully on the premises.
A defective product injured me. Can I sue the manufacturer?
Yes, you can sue the manufacturer in Ireland for injury caused by a defective product under the Civil Liability Act 1961, which imposes strict liability on producers for harm caused by defective goods.
I was injured at work due to unsafe conditions.
If you were injured at work due to unsafe conditions in Ireland, your employer may be legally liable under health and safety law and the Civil Liability Act 1961. You generally have two years from the date of injury to begin legal proceedings.
I was injured by a pothole on a public road. Can I claim?
Yes, you may be able to claim compensation if the road authority failed to maintain the road properly and their negligence caused your injury.
A dog bit me in a public place. Is the owner liable?
Yes, the dog owner is generally liable for injuries caused by their dog in a public place under the Civil Liability Act 1961, unless they can prove the injury was due solely to your fault or a third partyโs act.
My child was injured in a playground. Who is responsible?
The owner or occupier of the playground (e.g., local council, school, or childcare provider) may be legally responsible if they failed to take reasonable care to keep the area safe for children.
I was injured in a public place. Who is the occupier?
The occupier is the person or organisation in control of the public place where you were injured โ such as the owner, manager, or tenant who has responsibility for its condition and safety.
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Damages & Compensation
(5)Is there a cap on damages in personal injury cases?
No, there is no statutory cap on damages in personal injury cases in Ireland.
I was assaulted. Can I claim criminal injuries compensation?
Yes, you may be eligible to claim criminal injuries compensation in Ireland through the Criminal Injuries Compensation Scheme, which is administered independently of the courts and not governed by the Civil Liability Act 1961.
What damages can I recover for personal injuries?
In Ireland, you can recover damages for personal injuries to compensate for pain and suffering, loss of earnings, medical expenses, and other financial losses โ assessed fairly based on the injury's severity and impact.
What is the Judicial Council guidelines on damages?
The Judicial Council does not issue binding guidelines on damages; instead, the Personal Injuries Assessment Board (PIAB) uses its own Book of Quantum to assess personal injury compensation, as authorised under the Personal Injuries Assessment Board Act 2003.
Can I claim for psychological injury without physical harm?
Yes, you can claim for psychological injury without physical harm in Ireland, but only if you meet strict legal criteria โ such as being a 'primary victim' or having a close familial relationship with the injured person and witnessing the event.
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Special Situations
(4)I was injured in a road accident. How do I claim compensation?
To claim compensation for a road accident injury in Ireland, you must prove the other party was negligent and that their negligence caused your injury โ this is set out in the Civil Liability Act 1961. You must also file your claim within two years of the accident.
My relative died due to negligence. Can the family claim?
Yes, certain family members can claim compensation for the death of a relative caused by negligence under the Civil Liability Act 1961.
I was partially responsible for my injury. Can I still claim?
Yes, you can still claim compensation in Ireland even if you were partly responsible for your injury โ the court will reduce your award proportionally under the Civil Liability Act 1961.
I was a passenger injured in a car accident. Who do I claim against?
As a passenger injured in a car accident in Ireland, you generally claim against the driver(s) whose negligence caused the accident โ whether the driver of your vehicle, the other vehicle, or both.
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Defences & Limits
(3)How is contributory negligence assessed in Ireland?
Contributory negligence in Ireland is assessed under section 34 of the Civil Liability Act 1961, which allows courts to reduce damages in proportion to the claimantโs share of responsibility for the loss or injury.
What is the voluntary assumption of risk defence?
Voluntary assumption of risk is a defence in Irish law where a person who freely and knowingly accepts a risk cannot later claim compensation for injury caused by that risk. It is governed by section 34 of the Civil Liability Act 1961.
Is there a statute of limitations for medical negligence?
Yes, in Ireland there is a statute of limitations for medical negligence: generally 2 years from the date the cause of action accrued or from the date of knowledge, whichever is later.