Injury Claims FAQ’s*

Guide to Injury Claims Process

HERE ARE SOME FREQUENTLY ASKED QUESTIONS BUT MAKING AN INJURY COMPENSATION CLAIM IN IRELAND

 

Do I Have a Claim?

In order to win your case, you must establish that the accident happened through somebody else’s fault or negligence. In most cases it will be clear from the outset whether you will succeed and be compensated for your injury. However, if we think that you do not have a case then we will inform you immediately as it is not in your interest to pursue a claim where the chances of success are not very high.

How Long Will My Claim Take?

In most cases straight forward claims are settled within months. However, this is dependent upon the nature of the case and severity of the injuries and complicated cases with serious injuries may take considerably longer. It is not in your interest to settle a case too early as to do so precludes you from further compensation if your injury proves to be long standing in nature.

How much compensation will I receive?

The amount of compensation you receive will depend upon the nature and severity of your injuries and how your lifestyle has been affected. You will be compensated for pain and suffering caused to you as a result of the accident and also for any financial loss such as medical expenses, loss of earnings and travelling expenses etc. The value of your case will be assessed by us as soon as possible and will be discussed in detail with you.

How Much Will My Claim Cost Me?

In most cases where proceedings have issued and you are successful in your claim, the insurance company/defendant is liable for most, if not all of your legal costs. Quinn Solicitors are conscious of the difficulties that may arise after suffering personal injuries* and will endeavor to ease these difficulties in every way possible. If you require physiotherapy or other therapy services as a result of your accident, we can arrange to have these services provided. (Please refer to our legal costs page for further information).

What Do I Need To Do Now?

If you have been injured in an accident through someone else’s fault contact us immediately by phone or by email and we will call you back within one working day. There are strict time limits which mean you only have two years to commence legal proceedings from the date of accident. There are some exceptions to this rule, for example, if you are under 18 then that period does not commence until your eighteenth birthday. We would strongly advise that proceedings be started as soon as possible as delays can cause difficulties later on.

Do I Have To Go To Court?

Reputable solicitor firms will always consider settlement of a case before the matter proceeds to a court hearing and in many cases settlement negotiations are successful. Many clients are understandably anxious about going to court and Quinn Solicitors will always explore every opportunity to see if the case can be settled before going to court.

However, if a court appearance is necessary, you will be fully briefed by us and a Barrister will be retained on your behalf to represent and protect your interests in court.

Do I Have To Attend A Medical Examination?

In order to prepare and evaluate your case, it is necessary for us to obtain a medical report detailing your injuries, the treatment afforded to you and the prognosis for the future. In order to prepare this report it is usually necessary to attend one of our Specialists or your own Doctor. The medical appointment will be arranged by us in consultation with you to ensure that you are not inconvenienced.

If I Have Settled Directly With The Insurance Company Can I Change My Mind?

Some insurance companies put pressure on people to settle directly with them without the benefit of legal advice and on some occasions without a medical examination. In addition, some insurance companies insist that you sign a document waiving your entitlement to legal advice before you get paid.

Where this happens it may be possible to reopen your claim against the insurance company on the basis that you did not have legal advice and you did not have the benefit of a medical examination. In addition, it is often the case that undue pressure is brought to bear by the insurance company to accept the offer immediately.

Can I claim for injuries sustained abroad?

It is possible for you to claim for an injury that happened abroad even if the accident happened on a boat or an aeroplane.