31/10/2019 0 Comments
What you Need to Know About Personal Injury Claims
Recently the Golden pages published a blog that discussed personal injury claims*. In the article they discussed how the recent media attention placed on frivolous personal injury claims may be undermining the legitimacy of actual cases.
Certainly, personal injury claims have been placed under increased media scrutiny these past few months.
A few notable cases, in particular, have earned the ire of the general public. Unfortunately, sensationalist reporting and social media outrage may have individuals struggling to find practical information on personal injury claims.*
Personal injury cases* are a legal mechanism to help injured individuals -- injured due to the negligence of a third party -- recoup their losses or seek compensation for the impact the injury has had on their lives.
In this post we are going to avoid unnecessary sensationalism or outrage and provide some practical straight forward information on personal injury cases.*
What is a Personal Injury Claim?*
With all the misinformation, half-truths and flat out lies floating around the internet right now, even basic information on personal injuries can be hard to come by.
In the simplest terms, a personal injury claim is when an injured individual brings a case against a negligent third party that was directly or indirectly responsible for the individual's injuries.
The third-party in question can be another individual or an organisation that failed to provide a safe environment.
For example, most road traffic accidents are brought against an individual whose negligent behaviour led to injuries being inflicted on another person.
An employee may seek damages against a company if they have been injured due to an unsafe working environment.
Can Anyone Persue a Personal Injury Claim?*
Yes. Anyone who has been injured due to the negligence of a third party is within their rights to seek legal redress.
An individual pursuing a personal injury claim must be able to prove that they were injured and that their injuries were caused due to a negligent third party.
Is there a time limit on pursuing a personal injury claim?
Yes, the majority of personal injury claims need to be reported to the injuries board within two years of the injury occurring.
The exception being complex medical negligence cases, where the injured individual has two years from the date they learned about the injury.
What is the Injuries Board?
The injuries board is an organisation that was set up by the government in 2004. All personal injury cases – except for a small number of medical negligent cases – are submitted through the injury’s board. The Injuries Board was set-up to try and settle personal injury cases before they get to the courts.
How long does a personal injury case take?
The length of time from the case being submitted to the injuries board and reaching a satisfying conclusion can be anywhere from a couple of months to a couple of years.
A straightforward case may be wrapped up relativity quickly, while complex personal injury cases may take much longer. If you are considering pursuing a claim, we can give you a rough estimate on the expected timeline.
How do I begin the personal injury process?
First things first, you should get in contact with us as soon as possible. As Dublin personal injury solicitors* with offices in Galway and Cork we have represented individuals in a variety of personal injury cases.
Our personal injury solicitors* can give you expert advice based around the specifics of your case.