How long do I have to claim?

How long do I have to make a personal injury claim?

As a general rule an accident compensation claim must be registered with The Injuries Board (and acknowledged) within two years of the accident date. There are exceptions. In particular, where the “date of knowledge” is some time after the accident date, then the two year limitation period only commences on the “date of knowledge”. The date of knowledge is defined as the date a person became aware that the injury occurred, that it was significant and that it was attributable to negligence or breach of duty, and knew the identity of the Defendant (Statute of Limitations (Amendment) Act 1991 Section 2). A typical example of a case where the time limit may be extended under this section is where a claimant sustains a very minor or trivial injury in an accident but subsequently becomes aware that the injury was significantly more serious. The term “significant” is not defined in the Act and so the particular facts of each case must be examined.

  1. Child Claimants:

An important exception to the two year rule is the case of child Plaintiffs (persons under the age of 18 years). When a child is involved in an accident, the two year limitation period only commences on the child’s 18th birthday so the Next Friend (usually a parent) may commence the claim at any time up until the child’s 18th birthday. If a claim has not been commenced by such date, the child himself may bring the claim at any time up until the day prior to his 20th birthday.

  1. Defective Products:

The time limit for claiming compensation for damage caused by a defective product is three years from the date the damage occurred or “date of knowledge(Defective Products Act 1991).

  1. Legal Advice:

There are various other exceptions and it is important to consult your Solicitor for expert advice in each case.

If you would like to find out more about time limitations

Click on this link Tel: 019036250 to call the office with your enquiry OR

complete our online enquiry form below & we will contact you with swift and effective legal advice.

Request a Call Back 

Take the first steps to towards making your claim.

Your first step in the claims process is obtaining expert Legal Advice from our legal team.

Begin our 3 step Check:

Going to Court: the reality.

Going to court – the very thought of it conjures up nerves for many people. From watching court on our TV screens and cinemas, we think we have a real picture of what goes on there every day.

We’re glad to report that most personal injury claims are settled without setting foot inside a court. But if it turns out that court is the preferred option, we can assure you there is nothing to be concerned about and we’ll be at your side from day one. How does it work?

Which Court?

First of all, it depends where your case is being heard. In Circuit Court cases, your case will be presented in Court by your Barrister. In High Court cases, you will be represented by a Senior Counsel as well as a Barrister (Junior Counsel). A pre-trial consultation takes place with your Counsel either on the day of the trial or within a day or two previously. It’s important to remember that first impressions are important in every walk of life and the courts are no different. You should dress in an appropriate manner for your court appearances.

Where do I get a barrister?

At Gary Matthews Solicitors, we’ll source only the best people to work with and our experienced Barrister will lead you through your evidence. Make sure that you answer all questions as best you can. Try to avoid giving hasty or confused replies. If you are not sure of the answer of any question, you should say so. After the examination by your own Barrister, the Defendant’s Barrister will cross-examine, in an attempt to illicit details from you which may be favourable to the Defendant’s case. You should also expect some questions from the judge but sometimes this may not be the case.

What happens after my court date?

Once your evidence is completed, the evidence of any other witnesses is taken in the same way. In regard to medical evidence, medical practitioners may be in attendance in Court but more usually, their evidence is admitted in the form of medical reports handed into the Judge. When all the witnesses have been heard, and Counsel has made any relevant points to the Court, the Judge usually makes his/her decision there and then, or s/he may adjourn for a short time for consideration or, on occasions, postpone his/her judgement to another day. The judge delivers a decision on liability, and if deciding in favour of the Plaintiff, will make an award of damages as compensation.

Like any working environment, certain procedures and protocol must follow and it’s important that you have an understanding of these. This means there’ll be no surprises for you on the day. We have over 20 years’ experience in personal injury law and if you do go to court, you’ll be in safe hands with Gary Matthews Solicitors.

Click on this link here to call the office for a no obligation enquiry and speak directly to Mr Matthews.

Complete our no obligation online enquiry form by clicking this link www.gary.ie

Enquiry Form

To discuss your claim complete the form below & a member of our team will get back to you.

[ninja_forms id=1]

Do I have a case for personal injury compensation?

Do I have a case? No doubt this is the first question you’ve been asking yourself since the accident or incident. While you may have heard numerous stories and anecdotes, the only way of truly knowing if you have a case is to get in touch with an experienced personal injury lawyer. At Gary Matthews Solicitors, personal injury claims and accidents is our area of expertise and we have focused exclusively on this area for over 20 years. It’s our job to tell you clearly and honestly if you have a case and whether or not it is something worth pursuing.

If, as a result of the negligent act of omission of another party, you suffer injury loss, damage or expense, you may be entitled to compensation from that party or more usually their insurers. It can be hard to determine yourself what constitutes ‘loss’ or ‘injury’ and these are terms that we will both explain to you and discuss with you in full. It is at this preliminary meeting that we will start to see a clear picture emerging. In many cases, it’s clear from the first day that someone has suffered as described earlier and that they will succeed in being fully compensated. The obvious example is car accident compensation. In other cases, the courts could apportion liability. In other words, they rule in favour of the plaintiff but they may make a deduction from the overall award based on ‘contributory negligence’. This means that even though someone may have been ‘wronged’, they may have contributed slightly to the situation by behaving in a negligent manner.

Transport is jPersonal-injury-and-Acciden-oblongust one example. You may have had an accident at work, out shopping or in any daily situation where the actions of another party had a detrimental effect on some aspect of your life, whether at the time or at a later date. Many people we speak to feel that they were at fault initially and delayed in bringing their claim or indeed never brought their claim to light. It can be hard to establish for yourself the complex legal boundaries of ‘responsibility’ and ‘carelessness’. At Gary Matthews Solicitors, our approach is simple.

In a world of rumour and speculation, we establish as soon as possible where you stand and whether or not we can help you. Before accepting your instructions, we will have discussed your case with you and will have advised you of the strengths and weaknesses (if any) of your case.  If you’re reading this and still thinking to yourself ‘perhaps I do have a case after all’, just get in touch and we’ll answer all your queries;

If you have been involved in an accident, call the office for a no obligation enquiry OR

Complete our no obligation online enquiry form  by clicking this link www.gary.ie OR why not give the office a ring on 01 903 6250 and speak directly to one of the team.

Complete an Enquiry Form today! 

[ninja_forms id=1]