Types Of Personal Injury Claims Common in Ireland

 

There are numerous advantages to seeking legal assistance if you believe you have a valid claim for personal injury or accident. From determining the appropriate level of compensation for your injury or accident to taking your claim to the injuries board. Professional legal counsel ensures that you get the best possible result whilst staying on the bright side of the law. The different situations that lead to personal injuries give way to different types of litigations owing to personal injury claims. Here are the most common ones in Ireland, as is indicated by the most reputed law firms in Cork.  

 

Personal Injury Claims for Accidents

Personal Injury is a broad term that mainly concerns the situation where one person’s injury is caused by another. This may include motor accidents, workplace and occupational accidents and public liability accidents among others.

In Ireland, all kinds of personal injury claims are dealt with by the Personal Injuries Assessment Board (PIAB), which is an independent statutory body. Except for medical negligence, all personal injury claims in Ireland must be filed with the PIAB.

The PIAB runs an independent and impartial assessment to verify the claim. In the case that the respondent or the person whom you hold responsible for your injury, refuses to cooperate with the PIAB assessments, then you can take the matter to court.

The PIAB assessments are primarily based on medical evidence, among other parameters. The guideline amounts for compensation for specific injuries are set out in the Book of Quantum or the Personal Injuries Guidelines, depending on when your claim is assessed. The Book of Quantum will apply if your claim is assessed before April 24, 2021, and the Personal Injuries Guidelines will apply if your claim is assessed on or after April 24, 2021.

With the cooperation of the respondent, it takes about 7months for the PIAB assessments to conclude. But if the matter enters the courts, it may take up to 2years to come to a decision. The time limit for filing a claim for compensation under the Civil Liabilities and Courts Act of 2004 is two years from the date of the accident.

Medical Negligence Claims

There is great demand for personal Injury solicitors cork for making medical negligence claims because this can get highly complex at times. 

Healthcare professionals are also humans who can make a mistake or error. When there is an injury caused due to the negligence of the healthcare professional, or failure to fulfil the duty of care, it turns up to be a case of Medical Malpractice or Clinical Negligence. The following occasions define clinical negligence:

●     Wrong Diagnosis

●     Surgical Errors

●     Failure to identify an illness and delayed treatment is a major cause of health deterioration

●     Substandard healthcare leads to personal injury

Due to the highly complex decision process, the PIAB would readily decline the assessment and recommend that the matter be taken to the courts. But going to court is not the only way out. With the cooperation of the healthcare professional or clinic agreeing to the claims, most medical negligence cases are settled out-of-court.

Insurance Policies

Personal Injury Claims are sometimes a better decision than relying on your Insurance Company to cover your damage. Because, many times, in the incident of a motor accident or any other personal injury cases, insurance claim denials are very common. Because the insurance company would face a loss for making most of the payments in personal injury claims.