Personal Injury & Medical Negligence

If you suffered personal injury or loss as a result of an accident or misadventure you are entitled to be compensated for your injuries, trauma, and out of pocket costs. We at O’Connor O’Donoghue & Co will guide and assist you throughout what can often be a long and complicated process.

Liability

The first step in the process in assessing liability for the accident or misadventure. This is often the most important stage. In the case of Road Traffic Accidents, it is critical that you first contact An Garda Siochana to notify them of the accident so that they can prepare a Report. From there, it is important that you contact your Solicitor so he/she can assess liability and decide whether an Engineer and/or a Motor Assessor is required.

For other accidents you should contact your Solicitor immediately to ensure the scene is preserved or in the case of Medical Negligence that records are preserved pending the preparation of Expert Reports.

Statute of Limitations

The general rule (subject to some exceptions) is that you have two years from the date of accident or injury to bring an action. Therefore, it is vital that you contact your Solicitor to stop the clock while you are recovering from the injury or deciding on whether or not to pursue the matter.

Process

1. Personal Injuries Assessment Board

The majority of applications for compensation will begin with an application to the Personal Injuries Assessment Board. O’Connor O’Donoghue & Co can guide you through the application procedure and help you deal with the queries arising as well as arrange for the Medical Report which must accompany the application. On the consent of the Defendant, the Injuries Board will assess your injuries/losses within a 9-month period and make an assessment in your favour. It is then open to the you and/or the Defendant to accept/reject this assessment.

2. The Court System

Certain applications including Medical Negligence or Mental Distress will not be assessed by the Injuries Board. These applications, together with all other claims which were not successfully settled by the Injuries Board, or those where liability is at issue, require intervention from the Courts.

This process begins by issuing a Personal Injuries Summons against the Defendant setting out the nature of your injuries together particulars of your losses.

The involvement of your own Solicitor is integral to the above process given the weight of expertise, knowledge and financial resources available to the Defendants and their Insurers. It is also open to the Defendants to make an offer or lodgement in your favour at any step in the process.