Personal Injury Claims

Personal Injury Claims

If you have been involved in an accident that has occurred through no fault of your own, you may be entitled to make a personal injury compensation claim.

Personal injuries may include:

  • Head injuries including concussions or skull fractures
  • Dental, eye or hearing injuries
  • Whiplash
  • Broken bones including fractures and dislocation
  • Amputations
  • Soft tissue damage
  • Limb Disorders
  • Crush Injuries
  • Internal Organ damage

The Process:
You will meet with one of our solicitors and we will talk you through the claims process, assess your claim and offer you advice.

  • We have expertise in the following areas:
  • Road traffic accidents
  • Accidents at work
  • Sporting accidents
  • Trip and Fall accidents
  • Fatal accidents
  • Medical Negligence Claims
  • Injuries caused by dangerous or defective products
  • Post-traumatic stress

The Injuries Board:
This is an independent body which must assess all personal injury claims, with a number of exceptions, before court proceedings can be initiated.

We will submit an application form to the board and relevant medical reports from your doctor on your behalf. The Injuries Board will then contact the person against whom the claim is being made. This person will have 90 days from this time to consent to the assessment being made. Consent will be assumed in the event that the respondent ignores the correspondence.

The assessment will be made by evaluating this documentation. In some circumstances, the Board may refer you to a medical practitioner. The Board will then assess how much compensation should be awarded to an injured party, if any.

Where both parties accept the board’s assessment, they will issue an order to pay. This will become binding on both parties.

Advancement to the Courts:
In the event that either party does not consent to the decision of the board, the process cannot be completed so the Injuries Board will then issue an authorisation to allow for the claim to be referred to the relevant Court, which will depend on the value of the case. As your acting solicitor, we will instruct counsel to draft any necessary Court proceedings and we will represent you in Court on the issue and do our utmost best to ensure the process runs as seamlessly as possible.

How will my claim be assessed in the Courts?
In determining a claim’s worth, the Court’s will look at both the general and special damages that occur. ‘’General damages’’ will be assessed by evaluating the extent of the injuries suffered from the accident (pain and suffering). ‘’Special Damages’’ will evaluate the economic loss suffered by the client in terms of costs such as loss of earnings, medical expenses, damages to property/vehicles, travel expenses, pharmacy expenses etc.

Alternatively, the claim may be negotiated and settled before the case comes before the Courts, as is the case in many circumstances.

Whether it is through negotiations and settlement or court proceedings, we will assist and support you through each stage of your compensation and keep you updated at all times throughout the claims process. Our objective is to conclude the claim in as short a time as possible, to act in your best interest at all times and achieve the best possible result on your behalf.

Please note:
It is strongly urged that you contact a solicitor if you wish to pursue such a claim as a representative of another party may approach you to settle a claim, offering little compensation and no concern for your best interest and this settlement will prohibit you from subsequently seeking further compensation for injuries – Never settle a claim without obtaining legal advice.
Additionally, there are specific time limits which may apply when bringing a personal injury claim so it is advised to obtain legal advice to become informed of these limits and ensure action is taken before this time limit expires and a claim becomes statute barred.

Oonagh McCormack
O’Connor McCormack Solicitors 16 South Main Street, Naas, 045 875 333

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.