Personal injury is a physical or psychological injury, disease or illness caused by another persons’ or organisations’ negligence. People who have been injured or contracted an illness or disease because of another persons’ or organisations’ negligence are entitled to take a personal injury claim for compensation. If the injured party is under 18, a ‘next friend’ is required to claim on that person’s behalf.
In the tragic circumstances where an accident of this kind results in a fatality, the deceased financial dependents or personal representatives can claim for loss of dependency. People are injured every day in accidents that are not their fault. Whether this happens because of a Road Traffic Collision, an accident at work or an accident in a public place such as a pavement, shop or some other location you could be legally entitled to pursue a personal injury claim to gain justice and compensation for your pain, suffering and financial loss. Speak to us after seeking medical assistance.
At Phelan Solicitors, we understand that approaching the legalities involved in making a claim can often be cumbersome and frustrating so will assist in all aspects of your claim
Your current and long term wellbeing is in our view the most important factor in dealing with your injury. If you decide later to pursue a claim for your injury having the assistance and medical report of a practitioner you attended will become necessary together with details or treatment received and any current and/or long terms effects on you.
Having a detailed record with sketches if necessary made as soon after the accident that is practical will turn out to be one of the most important aspects of proving your claim. Take pictures of injuries and the scene of the accident whether it be a Road Traffic Collision or a fall due to a defect in a path, roadway or some other surface. Take the names, addresses and contact details of anyone who witnesses the accident as you may need them to provide evidence later if your case proceeds to Court.
Ensure you retain all medical bills and treatment costs incurred by you as these will be in addition to your claim and will need to be proved (vouched). Examples are physiotherapy costs, prescription costs, taxi costs due to being off the road etc..
The time limit for making a personal injuryclaim is two years from the date of the accident or the date of knowledge of the injury. However, there are exceptions to this rule. For instance, if you were a child at the time of the accident you will have two years from the date of your eighteenth birthday to make a claim for compensation.
Except for Medical Negligence claims the Personal Injuries Assessment Board (PIAB) assess your claim in the first instance. The procedure is that we, as your Solicitors, will write to the person or organisation within two months of the date of the accident or the date you first became aware of your injuries and advise them that they are responsible for your injuries and call on them to admit liability and if necessary to preserve any evidence that might be required later to prove the case. The person or organisation you write to is known as the respondent. If there are more than one each one has to be written to in the same terms as above and in addition advise them that if one of them only is made responsible they will be responsible for all the costs of the other. (O’Byrne letter)
The next step is to attend our office and complete the PIAB application form, gather receipts for special damages and obtain a medical report from your doctor. We have precedent templates for this. Once the claim is submitted to PIAB and accepted your two-year time limit for taking an action is suspended while you claim is being assessed.
PIAB will write to the respondents and request that they consent to them making an assessment. PIAB will proceed in any event without a reply and once an assessment is made they will give each side that is you and the respondent an opportunity to accept the assessment. If all parties accept the assessment an order will be made for the respondent(s) to pay to you the amount assessed. If either party does not agree with the assessment and rejects it then you as applicant will receive an authorisation for PIAB to bring appropriate Court action to pursue your claim.
Personal injury solicitors are experienced with the legal process and the precedents available to leverage even the weakest personal injury* case. They can ensure you receive the maximum compensation due to you, and they can make the process simpler, quicker and make your chances of succeeding much higher. Therefore, if you want to take legal action over a personal injury* you should absolutely consult a reputed and experienced personal injury* solicitor first.
At Phelan Solicitors, we will advise you of all costs involved (if any) prior to incurring same. This includes any professional fees that may not be recoverable in the event your claim proceeds to Court and you are unsuccessful.
Accidents involving emergency services vehicles
Accidents at School
Dangerous Toy Accidents
Accidents in the workplace
Accidents in the workplace
Holiday Food Poisoning
Accidents Whilst Traveling on Public Transport
*(In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement)