The Most Common Cycling Accidents and Injuries In Ireland

The Most Common Cycling Accidents and Injuries In Ireland

Cycling Accident Claims

More people than ever before are trading in their car for a bike, taking to the roads and cycling for fun and as a mode of transport. Whether you are going to work or out on a Sunday cycle, riding your bike is good for your health and can be exciting.

However, cycling accidents can happen when you are on the road. In particular, rush-hours are the time of day that you are most likely to injured by other vehicles. Three-quarters of cyclists that are hurt are male and over half are aged between 25 and 49.

It is important to realise that you can make a personal injury claim* if you are injured while you are cycling and the accident was not your fault. McSweeney Solicitors are a specialist personal injury and ligation law firm that can help you make a claim.


Let’s take a look at some of the most common cycling accidents and injuries*.


The Most Common Cycling Accidents

There are a lot more cyclist-friendly paths for you to explore. But it is popular for cyclists to join the traffic on the road to get to where they need to go. Of course, this means a higher risk of an accident with other vehicles. Here are some common scenarios were accidents can occur.


Cars Turning into a Cyclist’s Path

Unfortunately, cyclists can go unnoticed on the road. In particular, a common accident that is seen is a driver turning into a cyclist’s path. They either do not see the cyclist or underestimate the speed they are traveling. As a result, the cyclist cannot stop and will crash into the vehicle.


Coming Out of a Junction

Cars can make a lot of manoeuvres due to their speed. This can mean that they pull out into a junction thinking they have enough time and space. However, vehicles are known to underestimate where a cyclist is and they end up crashing into them. Of courses, vehicle drivers are usually unhurt from the accident. But a cyclist is a lot more exposed and can sustain serious injuries.


Swinging Open a Vehicle Door

This accident happens when a vehicle is stationary and the person swings their car door open. They do not check if there is any traffic and they hit a cyclist. This can knock them off their bike and cause them serious injuries.


The Most Common Cycling Injuries

All cyclists should be wearing a helmet and protective gear to keep them safe. But an accident can mean that they sustain bad injuries through no fault of their own. Here are some of the most common cycling injuries.


Road Rash

If a cyclist falls to the ground at some speed and skids, they can develop road rash. This can be uncomfortable for a few days but they should heal quickly with the right care. This should include antiseptic cream to ensure the scrapes and scratches do not become infected.


Soft Tissue Damage

Being involved in a bike accident can lead to soft tissue damage. In other words, you can sustain injury to the soft tissues, including sprains, strains and bruising. In particular, cyclists suffer from back and shoulder injuries, which can take a number of weeks to feel normal again.


Minor and Major Fractures

If you are involved in a serious cycling accident, you can sustain fractures to your bones. This is going to take several months to heal and a lot of recuperation time. Cyclists often break their collarbones, ribs, ankles and wrists during an accident with a vehicle.


Head Injuries

When a cyclist falls from their bike and is hit by a vehicle, they can suffer from serious head injuries. While mild concussions require some short-term rest, major accidents can lead to fatal brain damage.


Psychological Injuries

Not only will a cyclist suffer from physical injuries after an accident, they can also suffer from psychological injuries. This can include depression and panic attacks, as well as anxiety and paranoia. This can affect your quality of life and make everyday life more difficult.

If you have been involved in a cycling accident and have suffered, you may be able to make a claim*.

Call McSweeney Personal Injury Solicitors today for an initial consultation if you have been involved in a cycling accident.

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

Golf Course Injury Claims Dublin – Everything You Need to Know About

Have you been injured on a golf course recently? While most people do not imagine golf to be life-threatening or a dangerous sport to play, accidents can happen around the course at any time. From spectators being hit by straying shots to hiring faulty equipment and being injured, there are a number of scenarios when the golf club may be negligent and owe you compensation for injuries. At McSweeney Solicitors, we can make sure that you are represented and receive the compensation you deserve for a golf course injury that was not your fault.


Do I Have a Claim?


It may be possible to bring a personal injury claim against another party if you have been injured in an accident on a golf course. Here are some examples.


Being Hit by a Golf Ball


It is common for golf balls to be hit off the course or not in the direction you want them to go in. But the problem is, a golf ball hit at high speed can do a lot of damage, especially when you do not know it is coming. It is necessary for players to shout ‘fore’ when a ball is coming towards another person. You may be able to claim compensation if you are hit by a stray ball.


Having an Accident in a Faulty Golf Buggy


Clubs are responsible for the upkeep of their course, as well as the equipment that they provide for hire. This includes their golf buggies. If you hire one to get around the course and they are faulty, this could lead to a serious accident. Indeed, you could make a personal injury claim against the golf club for your injuries.


Falling Down a Dangerous Slope


Golf courses have a duty of care towards all players and spectators. In particular, if you slip and fall because of a dangerous slope or because of a badly maintained golf course, the club can be liable. They should always have fences and signs put up to warn players when they are making their way around the course. Thus, any high-risk areas should be highlighted to avoid accidents.


How much Compensation Could I Receive for a Golf Course Injury?

A common question that a lot of people want to be answered is how much compensation is available for an injury on the golf course that was not their fault. The amount you receive is going to depend on your individual case and there is no one definitive answer. The court is going to have to consider your injuries and how serious they are, as well as any medical expenses or long-term costs that result from the accident. This could include any loss of income you have sustained through your injuries.


Another factor that the court is going to consider when they are deciding on compensation is the amount of pain and suffering you have been through. Indeed, you will be compensated for this, particularly if your quality of life has suffered as a result of the golf course injuries. Having an experienced lawyer on your side is going to make sure that you present all of the factors to the court.


If you have been injured and are considering pursuing a claim, get in touch with McSweeney Solicitors On 01-8874448

4 Courts In Dublin

Is There A Time Limit For Personal Injury Claims In Ireland?

If you have been involved in an accident there may be so many other things to think about, that making a claim* is the last thing on your mind. You may be dealing with trauma or injuries and it can take a while before you feel ready to pursue a personal injury claim*. Unfortunately, if you wait too long, you could miss out on the compensation you are entitled to.

There are many reasons for making your claim as soon as possible, including the availability of evidence and reliability of witnesses. And many people just want it to be dealt with as quickly as possible so that they can put the experience behind them.

Another very important reason for acting quickly is that under the Civil Liability and Courts act 2004 the claim should be made within two years of the accident.


Reasons for Delay

However as there are also many reasons why a claim might be delayed, there are exceptions to this rule. The two years period is said to start from the “Date of Knowledge”. This is the date when you have the knowledge required to make a claim. Although this may be the actual date of the accident, there are exceptions, so this is not always the case.

For example, you might not know who to claim* against until well after the accident. In this case, the two-year period would begin on the date you got that information.

Another common scenario is when you only become aware of the seriousness of your injuries at a later date. You might develop a back-problem years later which is the result of a previously undiagnosed injury from the accident. In this case the date of knowledge it set at when the diagnosis was made.

That is why it is important to have even minor injuries investigated right away. It ensures that any underlying issues will be treated. Also, your medical records with details of any diagnosis and treatment following the accident will support your case.


Other Exceptions

Exceptions are made for children, under 18, at the time of the accident. A child cannot make a personal injury claim* although a parent, guardian or other representative, known as a “Next Friend” can claim on their behalf. However, if no claim is made, the child has two years from the date of their 18th birthday to make the claim, regardless of how long ago the accident was.

Other exceptions include circumstances where the accident made the person unable to make the claim. Injuries from the accident might have caused brain damage leading to mental impairment; or they might be undergoing medical treatment making it impractical for them to deal with the claim.

So, while it is always best to make your claim* as quickly as possible, if you have not been able to do so, it might not be too late. The best way to find out is to discuss your case in confidence with one of our personal injury specialists to help you decide what your next step should be.


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


6 Types Of Serious Personal Injuries*

A look at some more serious personal injuries

Many personal injury claims* are relatively small and although the distress to the sufferers is very real. Fortunately, they usually don’t involve life-changing injuries. But there are still many incidences every year of more serious injuries which can have long term consequences for both the victim and their families. As well as pain and distress these injuries can also have serious financial consequences. This is why many people will seek compensation through the courts.

Here are some of the more serious injuries which can lead to personal injury claims*

Back and Spinal Injuries

Injuries to the back can result in serious problems. Long term backache can interfere with work and the ability to carry out many normal activities. This kind of injury is often caused by the strain of lifting a heavy load. More serious injuries occur when the injury affects the spine including the vertebrae at the top of the spine that support the neck. At worst this kind of injury can result in paralysis causing serious mobility issues.

Head and Brain Injuries

The most common cause of injuries to the head are falls and vehicle collisions. The skull plays an important role in protecting the brain but a severe blow to the head can cause a fractured skull. A fractured skull can lead to brain damage due to the build-up of pressure. The result of this can range from short term memory loss to long-term cognitive impairment. Or in the worst cases, it can lead to death

Brain injuries can also be caused by lack of oxygen to the brain during birth. This can have long term consequences for the child and their family. Any personal injury claims would take into account the additional costs of caring for the child.

Loss of Sight

Brain injuries can also lead to loss of vision as can injuries to the eye. The eyes can be damaged by trauma inflicted by a sharp or blunt object or contact with chemicals such as acid. The impact will depend on the nature of injuries and whether one or both eyes are affected. The worst injuries may cause blindness resulting in not being able to carry on with work.

Criminal Injuries

Criminal injuries may be the result of an assault and can include stab wounds. As well as physical injuries there can be psychological problems especially if the assault leads to facial injuries such as scarring and disfigurement.


The loss of a limb will usually lead to major life changes including adapting to using a wheelchair or a prosthetic limb. Depending on the limb affected and the extent of the amputation this can be one of the most serious injuries.

Fatal Injury

Most people would agree that the worst scenario is when the injury leads to death. In this case, it is the family of the deceased who will receive compensation. In these cases, consideration will be given to the emotional distress as well as the financial effect of the death on their financial dependents.

This, of course, does not cover all possibilities but it gives a picture of the kind of injuries that might lead to a personal injuries claim If you feel that it might be appropriate to make a claim contact McSweeney Personal Injury Solicitors Dublin for advice on how to proceed.


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

personal injury Solicitors Dublin

How Much Is My Personal Injury Claim Worth?

What is a personal injury claim*?

Personal injury is a broad term which covers any type of harm caused to an individual as opposed to damage to property or business. It can cover both physical and mental or emotional harm. From a legal point of view, it refers to cases where an individual or organisation can be shown to be responsible for causing the injury. The amount paid out following a successful claim depends on a number of different factors. It is only when your lawyer has the whole picture that they can suggest what would be an appropriate of compensation for the claim.

Some common scenarios that lead to personal injury claims* include car accidents and accidents at work as well as injury caused by faulty products such as badly designed children toys or flammable clothing. County or city councils may be held responsible for accidents in public places for example if loose paving stones or faulty banisters cause a member of the public to trip or fall. You could even possible claim for an injury while playing golf.


How much is my claim worth*?

There are a lot of different factors which need to be taken into account to decide how much the claim should be. A lawyer would usually start by considering the extent of any physical and/or psychological harm. In some cases, there is no physical harm but the long term effect of an accident can lead to post-traumatic stress disorder. Compensation may be awarded to cover the claimant’s emotional distress.

The amount of the award should also take into account other factors which resulted from the injury. As well as suffering pain and distress there may be financial consequences caused by  personal injury*. You may have had to take time off work or in more serious cases have had to give up your job altogether. In such cases, loss of earnings as well as loss of potential earning will be taken into account when deciding the figure. You might also have had to pay additional medical costs such as counselling or private physiotherapy.

In addition to compensation based on the claimant’s suffering and losses, the court may decide to award punitive damages. This is an additional amount added if the court feels that the defendant deserves to be punished or as a deterrent to encourage the defendant to change their behaviour in the future.


Proceeding with your personal injury claim*

Many lawyers take on personal liability cases on a no win no fee basis although advertising this fact is not allowed within the laws. This may be something you want to consider and if so you should discuss it with your lawyer. If they agree that this is the best way to proceed, then they will only charge you a fee if you win your case.

Personal injury claims* are complex with many factors to be taken into account. Early on it is advisable to discuss all aspects of your claim with a lawyer who is experienced in this field. At McSweeney Personal Injury Solicitors, our clients can benefit from years of professional experience in this area and we will always be happy to discuss all the relevant factors to help you make the best decision.


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

No Win No Fee

Personal Injury Claims Dublin* – No Win No Fee Explained

No Win No Fee Explained

A no win no fee arrangement, also known as no foal no fee, is becoming increasingly common for personal injury claims*. It means that you will only have to pay your solicitor’s fee if you win your case. However, this doesn’t guarantee that the case won’t cost you anything. If your case is settled out of court you will be required to pay.


When to use no win no fee

This arrangement is most often used for personal injury claims*. For example, if you have been in a car crash or involved in an accident at work you might want to pursue your claim on a no fee no win basis. While it not legal to advertise no win no fee to personal injury victims, at McSweeney Personal Injury Solicitors*, we will always advise you on what we think is the best course of action to take.


Finding the right solicitor

Although many personal injury law firms* work on a no win no fee basis, is not legal to advertise this service. It is of course a perfectly legal practice,  but it is something  for you to discuss with your personal injury solicitor. Lawyers must follow strict guidelines regarding how they advertise their services. So, if you see a company advertising no fee no win services they should be avoided as they do not meet the standards required by the Law Society of Ireland’s Regulations. They may be what is known as a claims harvesting company which seeks out and encourages people to pursue claims. Such companies have been shut down in Ireland but continue to work elsewhere and target potential claimants in Ireland.


Even if you have used a solicitor in the past, personal injury claims* are a specialist area so make sure you find one that has relevant experience.  Be sure to use a reputable company who conforms to all the appropriate rules and regulations. Make sure your solicitor has plenty of experience in the field of personal injury claims* and preferably ones that are relevant to your case – for example, industrial injury or medical negligence. Take a look at their website and make sure it looks professional and provides clear information. They may have examples of case studies as well as reviews and testimonials which will give an insight into other people’s experience.


If you feel happy with what you see, arrange an appointment for an initial face to face meeting to discuss your case. You will also be able to discuss costs in detail. Every case is different so it is not possible to give an off the peg list of prices. A realistic estimate can only be made once the solicitor has a clear idea of the nature and complexity of the case.


At McSweeney Personal Injury Solicitors Dublin* we are happy to talk through all the issues to ensure that our clients receive that best possible professional assistance during for what can be a stressful process.

Whether it be a car accident claim*, a motorbike accident claim*, a bicycle accident claim* or a pedestrian accident claim*. Get in touch with McSweeney Solicitors for advice today.


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

Luas Accident Claims Dublin

Tram Surfing Public Liability Claim and a Large Compensation Settlement

The last four years, there have been reports of people participating in tram surfing, which has results in incidents and injuries. The Irish Rail and Luas tram have records demonstrating that there have been more than 110 incidents since 2014. Tram surfing is the latest craze that involves a person holding onto the outside of the tram and clinging to the carriage before it is about to move away from the station. This is an activity can have fatal consequences*, as the person jumps onto the side door and has to hold on with their fingers on a small ledge.


One example of tram surfing happened at Fatima station on 3rd September 2010, where Ms Rebecca Kelly, a 13 year old girl, fell and sustained brain injuries*. She was tram surfing on a Luas with a friend and she had attempted to jump onto the Luas tram while it was moving away from the station. This results in her falling backwards onto the tracks and she hit her head on the ground. She sustained bad injuries and even had to be dragged from the tracks to avoid being hit by oncoming trams.


A compensation claim action* was brought through Elizabeth Kelly, the mother of Rebecca Kelly. It was argued that there has been a failure to provide adequate visual systems on the tram and the driver did not have a clear vision. This meant that the driver could not correctly observe the side of the tram away from the platform and this was not done before the tram moved away from Fatima Station.


Although, the High Court was informed that Ms Kelly accepted that what happened was her fault and she was aware that she should not have taken part in tram surfing at the time. Bruce Antoniotti informed the court that Ms Kelly understood that this was a very dangerous activity and that she wished there to be no blame on the drive of the Luas at the time.


The claims made by Ms Kelly were denied by Veolia, the operator of Luas. They argued that there has been contributory negligence in this case; Ms Kelly has chosen to tram surf and risk sustaining an injury. She had total disregard for her own safety when she decided to take part in tram surfing.


The compensation settlement was approved by Mr Justice Cross. He also stated that Ms Kelly should know that tram surfing was dangerous and should not have to be told it was a silly thing to do. But, he did appreciate that she had been honest. Ms Kelly was awarded €550,000 as a compensation settlement.


Moving forward, Irish Rail has made sure that the refurbishments made to the Dart fleet make tram surfing more difficult. This comes after 12 incidents on the luas happened in the last three years between Dublin and Dundalk. This includes changing the headlight units so that it is hard to hang on to them. In addition, staff are being advised to be more vigilant and report any risks that they see to prevent more public injuries and claims* from tram surfing.


McSweeney Personal Injury Solicitors* are always on hand to deal with such claims whether they be Pedestrian accident claims*, slip, trip and fall claims*, road traffic accident claims* or car accident claims*. Get in touch today and we will advise you on the best course of action you can take with your claim.


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

Fatal Accident

New National Database Targeting Uninsured Drivers to be Introduced in 2019

As the New Year begins new measures are being taken to tackle the two major problems facing driver and insurers. A new scheme is being introduced which aims to not only cut down the number of fraudulent insurance claims being made, but also allow the Garda to identify uninsured drivers quickly and easily. Here at McSweeney Personal Injury Solicitors, we are keeping our clients up to date with these changes.


Tackling the Problem of Uninsured Drivers


By the beginning of the year, the details of drivers who are insured privately will be held in a national database. With the help of a handheld device which can scan licence plates and match them to a number stored on the database, the Garda will be able to identify uninsured vehicles.

This information has been provided by the insurance companies.


The scheme, using this licence plate recognition system has been piloted in the Limerick District. As the results looked positive it is soon to be rolled out across all districts. It was originally approved under the Road Traffic (Amendment) Act 2018. This was passed in July 2018 with a view to the scheme being operational by the end of 2018. However, the scheme will not get fully underway until 2019.


Insurance companies, whose costs are being forced up by fraudulent claims, have assisted the Garda in putting the database together by providing details of both insured and uninsured vehicles. The information they have gathered is now set to be transferred by electronic link to the Garda’s licence plate scanning system.


Tackling Fraudulent Insurance Claims


The new database will reveal important information about how an increasing number of claims is leading to increases in insurance costs for drivers. This has become a major issue in Ireland. The Personal Injuries Commission reported recently that payouts for personal injuries in Ireland are considerably higher than in the UK. One example showed that the average sum awarded for whiplash is close to four and a half time what is paid out for similar injuries in the UK


The top drivers’ organisations, the AA Ireland claims that insurance premiums could be reduced substantially if more effort was made to deal with fraud and the associated legal fees. This could save the average motorist €100 or more per year.


The insurance industry blames the government’s lack of action. They claim the government could have taken steps to resolve the problem. But through not taking the issues seriously enough, insurance companies have no choice but to increase their costs which inevitably has to be passed on to the customer.


The cost of meeting insurance claims is somewhere between €55 million to €60 a year. It is estimated fraudulent claims cost the customer an extra €30 to €35 per policy


New Legislation

Enterprise and innovation spokesman Billy Kelleher has pointed out that insurance fraud is a legal matter and it should be dealt with through the legal process. Making a false insurance claim is a crime, and it carries penalties of up to 10 years in prison or a €100,000 fine. However, it is very difficult to prove. Despite The Motor Insurers Bureau of Ireland (MIBI) claim that as many as 1 out or every eight claims are false, the courts have yet to successfully prove a case.


This is perhaps more likely to happen in future  thanks to the new Civil Liability and Courts (Amendment) Bill which has been introduced to tackle the problem.


The MIBI noticed a significant drop in insurance claims after taking a number of measures to reduce fraudulent claims. Most importantly they pursued a policy of passing any claims they believed to be suspicious to the Garda. The number of claims received by insurers dropped by 8% during the first half of 2018.


The Garda, insurance companies and the legal profession are working together and hopefully this will lead to improvements that will benefit both drivers and insurance companies. As solicitors with many years of experience in dealing with motoring and road accident cases, McSweeney Solicitors can provide expert legal advice on all aspects of these issues.



If you are involved in an accident involving an uninsured driver, you are still able to claim compensation. Indeed a number of road traffic accident claims are made against uninsured drivers. Whether it be a car accident claim or a pedestrian accident claim. Get in touch with McSweeney Personal Injury Solicitors Today for more information.

Fatal Accident

Fatalities on Irish Roads in 2018

Unfortunately, fatalities can happen at any time on the road. Of course, there are a number of reasons why this may happen. But often it is innocent victims that are killed at the hands of an inconsiderate or reckless driver and during an accident on the road. In particular, the statistics for 2018 in Ireland indicate that other drivers and pedestrians are two of the highest groups that have been fatally injured on the road this year.


With a yearly comparison, it has been indicated that there have been marginally fewer fatalities on the road in 2018 than there was in 2017. In totally, the number of deaths from road traffic accidents* up to 19th December 2018 was 144. This includes pedestrians, drivers and passengers, as well as motorcyclists and pedal cyclists. The year before, which was up to 19th December 2017, 150 people were killed in an accident.


A particularly vulnerable group in 2017 was cyclists and this has not seemed to change this year. Nine cyclists were tragically killed on the road in 2017 and this number remains at nine for 2018. The last two years have been an increase from previous years, which means it is more important than ever for drivers to know and understand road safety and giving space to cyclists. We have also seen a large number of cycling accident claims* in 2018.


Another similar vulnerable group on the road is motorcyclists. A total of 14 motorcyclists were killed on the road in 2018 due to a number of reasons. Again, it is important that other drivers give motorcyclists space, as well as for motorcyclists to wear helmets and protective gear to have the best chance of survival in a crash. We have a large number of motorcycle accident claims* in 2018 also which can often be very serious.


There is a call for more caution and awareness by everyone that is using the road, particularly, putting mobile devices away and anything else that will aid as a distraction when you are travelling. The highest number of fatalities can be seen by other drivers, with a total of 61 drivers killed in 2018.


41 pedestrians lost their lives in 2018 from road traffic accidents. Drivers should be reminded to avoid distractions and to comply with speed limits when they are travelling. In addition, a look out for pedestrians crossing the road is also vital.


Road traffic accidents* can also lead to the death of passengers in the vehicle that crashes. While wearing a seatbelt is very important, it is also the driver’s responsibility to be sensible and adhere to all the rules of the road to help to prevent accidents.


McSweeney Personal Injury Solicitors Dublin* are on hand to provide support and initiate personal injury claims for any who has been injured in a road traffic or work related injury in 2018 even if it was caused by an uninsured driver. Get in touch today if you have any questions.

Personal Injury Claims DUblin

Making A Personal Injury Claim Through The Personal Injury Assessment Board

Under the Personal Injuries Assessment Board Act 2003, the Personal Injuries Assessment board was created. This is an independent statutory body in Ireland that will assess personal injury compensation. If you want to make a personal injury claim in Dublin then it is necessary for your claim to be submitted to the Personal Injuries Assessment Board. The only exception is if you are involved in a medical negligence case.


The Personal Injuries Assessment Board will allow you to seek an independent assessment for your personal injury claim if you have been involved in a road traffic accident, accident in the workplace or a public liability accident. However, if the respondent does not consent to this assessment by the Personal Injuries Assessment Board, you will be able to bring your claim to the courts.


Normally, you can expect your claim to be assessed by the Personal Injuries Assessment Board within seven months once the respondent has consented. If your claim is going through the court system if there is no consent, known as litigation, this can take longer. This claim could take up to three years.


The medical evidence that you submit and that is from your doctor will be used for assessing your claim. There are some instances when an independent doctor will be required for a report and this will be arranged by the Personal Injuries Assessment Board. Taking into account your injuries and individual circumstances, an assessment of the damaged will be made. The Book of Quantum can be seen to examine the guideline amounts for compensation. If the respondent does not agree with the Personal Injuries Assessment Board’s reward, the claim can go to the courts by referral.


If you have suffered psychological injury in the accident, this is not suitable for assessment during the Personal Injuries Assessment Board’s procedure. Under section 17 of the Personal Injuries Assessment Board Act 2003, you may gain permission to take your claim to court.


Due to the Recovery of Certain Benefits and Assistance Scheme, there is the possibility to recover some illness-related social welfare payments. This can be done by the Department of Employment Affairs and Social Protection and compensation can be recovered from the compensator.


Rules to Follow


There is a time limit on claims set by the Civil Liabilities and Courts Act 2004. This means that you have two years from the date of the accident to make a claim. However, it is best to send your claim in writing and by registered post to the person you believe to be responsible for your injuries within two months of the accident. This should not affect your application to the Personal Injuries Assessment Board, but it can make a different if you have to go to court later on.


You will receive a receipt from the Personal Injuries Assessment Board when they receive your application. This will have the fee and application number on it. The Personal Injuries Assessment Board will then take the next step to inform the other party that you believe is responsible for the injury about the claim. The respondent is given 90 days to accept and consent to the assessment of the claim by the Personal Injuries Assessment Board. However, if they do not consent, you will be given Authorisation by the Personal Injuries Assessment Board. Authorisation is a legal document that will allow you to take your claim to the courts. It is your decision whether you do this.


You will have the choice whether you accept or reject the award given by the Personal Injuries Assessment Board. You have 28 days to make your decision. To accept your compensation, you should accept in writing to the Personal Injuries Assessment Board. If you fail to write to the Personal Injuries Assessment Board in 28 days, it is automatically assumed that you reject the compensation.


The other party will have 21 days to response to the assessment, either by accepting or rejecting the decision made by the Personal Injuries Assessment Board. If they fail to reply within this time, it will be assumed that they accept the assessment that has been made. Once both parties have accepted the assessment, an Order to Pay will be used by the Personal Injuries Assessment Board.


Rates for Application


You can expect there to be a charge of €45 for an application to the Personal Injuries Assessment Board.  Respondents can expect to pay a fee of €600 to allow for an assessment to take place by the Personal Injuries Assessment Board. If you do have insurance in place, they will cover this fee.


Making an Application


It is important to send your personal injury claim online or by post to the Personal Injuries Assessment Board. This should include an application form and a medical assessment form. This makes up Form A and Form B. Payment should be made by telephone or online when you are submitting your application. It is possible to send a cheque or postal order.


Receipts for any financial loses that you have should be included with the other forms and documents. This will ensure they are part of your personal injury claim.

McSweeney are experienced in all types of injury claims including: Motorcycle Accident Claims, Cycling Accident Claims, Road Traffic Accident Claims, Car Accident Claims, Accident At Work Claims and Fatal Injury Claims in Dublin. Get in touch today for more information.

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