Rostra Solicitors

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Personal injury claim: where do I start?

Before you call your solicitor, take a note of a few things. If it is a road traffic accident, the details of the vehicle, insurance and driver are vital.

Then, keep records of what is happening after the injury. Why? The answer is really easy: in two or three years they will again ask about the details and the course of the accident. The answer “I do not remember” is not good; it is the Plaintiff who demands compensation, the Plaintiff must prove something, not the defendant.

• Make a note of medical appointments including date and the name of your medical attendant.
• If your appointment or consultation were abroad, ask your medical attendant for a short summary of the visit in writing.
• Keep a list of the medication prescribed and length of time you took it.
• Record daily problems caused by the injury
• Note limitations the injury is causing in your professional life
• Make a note of how the injury limits your leisure activities and hobby.
• Record physiotherapy sessions and exercises at home.
• Note the dates of all the periods of time when you were off work on sick leave due to the injuries and when you returned to work.
• Collect all the receipts, invoices and vouchers for your expenses.

Second step is to do everything that you reasonably can to minimise your losses. If you are able to return to some employment – do so! Obviously you do not have to return to the place of work where you had your accident (if that’s the case) but if you don’t, you are expected to show why and demonstrate what you did instead.

And remember: visit your solicitor promptly. The statute of limitation (i.e. the time to start a claim) is only 2 years and runs ruthlessly!

Alright. Let's start from the beginning.

Compensation in Ireland is serious business. It is taken seriously and is intended to really compensate for wrongs, regardless of whether the accident was at work or on the road or in a public place.

However, the generosity of the courts is limited by the honesty of the victims. I will tell you how it works. First things first:

1. What is the compensation for?
In the simplest words, compensation is for every victim. The person at fault, i.e. the perpetrator of the accident, pays compensation. This is not always an obvious and simple situation, because not everyone is hit by a car while crossing a pedestrian crossing on green light. Sometimes the situation is more complicated and the employer's negligence is less obvious than the fact that a driver was running a red light.

Sometimes negligence is more subtle; the right tools are missing, the gloves are the wrong size (and cause less blood flow to the hands), tools that are present are worn or damaged. The employer is generally responsible for such things, regardless of the size of the establishment. The company can't say it's the manager's fault and go claim your damages from the manager.

The employer is responsible for the actions of its employees performed in connection with work. In most cases, this is not a problem, unless the thing happens after hours. However, this is a rare case.

The second thing is "damage" - damage to health (injury) or damage to property.

The third is the relationship between damage and negligence. Sometimes, though not often, there is damage, there is negligence, but the damage is not caused by the negligence. Giving such examples is usually long legal writing, and I do not want you to fall asleep reading this.

2. How much €€€ is good compensation?

And that's always the hardest question. The short answer is "to put you back in the position you would be if there had been no accident", but the longer answer is not easy at all.

First, it depends on what happened. What damage or injury has anyone suffered? What does the doctor say? How long will it heal? Will there be any problems after treatment? Can it be cured at all? Will I need surgery? Are there scars? Are the scars visible? What impact does this accident and your injuries have on your hobby? Have you played guitar? Did you play sports and can't anymore? Does it hurt? How often? How strong?

These are just sample questions, without an answer to which I can't even start guessing "how much".

Second, did the victim contribute to the accident in any way? Crossing the street in a prohibited place? Did he have a hood on and headphones on his ears? Was she in a rush? If the accident was at work, did the employee do the job as they were shown or tried "save" time? Was the training appropriate? Maybe he or she did something he shouldn't have?

If the employee contributed to the accident, the employer will demand a "rebate" - a reduction in compensation by the percentage of contribution. Often, however, I do not find out that the injured person "helped" the accident at the beginning of the case, but rather at its end. Then I hear the accusation "but at the beginning you said the injury was worth more". I never say it would be, but only that it could be worth something.

Okay, but what amounts are we talking about? In short, it's hard to say.
There is a “guide”, but the ranges are very wide there. The newspapers are not helpful when they only write about the cases that were lost. It is best to give us a call for short, no-strings-attached consultation.

3. What to pay attention to?

To the desire to stretch the injury too much. What? Well..

The law requires the Courts to dismiss cases where the victim exaggerates the losses and injuries. Knowing this, insurers send private investigators to watch the plaintiff victims. They also browse your "social media", i.e. Facebooks and other Instagrams or TikToks or whatever.

In the Court later, depending on what the victim testifies, this information is used. If the victim says that his life has changed and he can no longer enjoy his favourite ways of spending free time, a photo appears on Facebook, where he can spend time breakdancing, riding a horse or cage fighting (these are real examples). Of course, if one tried to return to the activity which they had enjoyed before the accident, but in a limited way or it was too painful, then the Court should be told about it, not just hear a general statement that "I can't do it anymore". The devil is in the details, as they say.

It is also the duty of the injured party to minimize their losses. So, if the injured person can go back to work – one way or another, then they should. Sick leave forever is not a solution and will not add value to the case; on the contrary. For example, some time ago a woman who slipped in Tesco was awarded more than €100,000 because the Court found that she had tried very hard to return to work but could not due to pain. The Court was impressed. If she had just stayed at home and not tried to go back to work, she wouldn't have gotten that much, I swear.

If the victim cannot return to her old job, they should look for a new one. If there are no qualifications, get them first. If you are not fit enough, get treatment. While healing, look for light work that does not cause pain. Whatever. When it comes to trial, the victim will be questioned in detail, back and forth.

Here's a pro-tip: buy a calendar or notebook and starting a diary to write down all those little things: trying to get back to work, having trouble doing exercises at the physiotherapist, or carrying a shopping bag from a shopping trolley to the trunk.

4. Why should I go to solicitor and how much does it cost?

Because the lawyer knows what to do. In the last 16 years, I have dealt with well over 10,000 cases. I talked to thousands of people about their accidents. I got thousands of compensations for my Clients. Certainly not alone; it's all teamwork. But I've seen as many accident cases as paramedic. It's just a matter of experience.

How much does it cost? Well, you are up for a surprise here: not that much. Check out our special deal at www.thesolicitor.ie/fixed-fee

Justice is an important thing in Ireland. Just remember to have “clean hands” when going for justice.

Our practice specialises in personal injury cases, but we are also happy to advise on matters relating to the purchase of real estate. We are happy to listen and provide information and advice. You can contact us (during office hours) by calling 01 64 000 30 or via the website www.TheSolicitor.ie

Marcin Szulc

And after the New Year, a few words about the statute of limitations:

If a case is statute barred it does not mean that you cannot take action; you can. It means, however, that the defendant can fully defend the case. The final result is the same: dead in the water.

In cases of accidents, I very, very much recommend haste (although usually haste is recommended only when suffering from diarrhoea). In case of accidents, there is no reason to delay. You can contact us at 01 64 000 30 or via the www.theSolicitor.ie .

Happy New Year!

Hope you don't need our personal injury services this year...

Are you seeking compensation for personal injury?

Are you worried how your solicitor is going to charge? Check our FIXED FEE OFFER!

You can either visit our office and speak to one of our solicitors or complete the questionnaire via our website https://thesolicitor.ie/fixed-fee so that we can get started immediately.

Please note that you only have two years from the time of the injury to start a case. Please do not delay and talk to us as soon as possible – no strings attached.

If you have any questions, we are here to help.

You can call us on 016400030 or email [email protected]

Can I sue for damages?
Always! Only unfortunately sometimes, it is impossible to win. How to distinguish a good case worth starting from one where it is not worth undertaking?
First of all – harm / injury. Physical damage is relatively easy: a broken leg, a shattered head, a damaged spine. Some are more tricky: not every spine is healthy before the accident – degenerative changes existing before the accident are usually not caused by the perpetrator of our accident and must be "subtracted" from the value of our case, which can be a very complicated procedure.
The Personal Injuries Assessment Board (PIAB) is Ireland’s independent State body which assesses compensation in personal injuries claims. Their purpose is to resolve a case on a pre-litigation stage and assess compensation using the same guidelines on amounts as the Courts.
PIAB independently assesses claims for compensation arising from personal injuries sustained as a result of: motor, workplace, or public liability accidents.