Question 1

Which offer should I take from the insurers? Only the third one?

Accepted Answer

Only taking the third offer from the insurers is an “old wife’s tale”. When your Solicitor is negotiating with the insurance company he or she will tell you when an offer might be reasonable.

Question 2

Are there any time limits for putting in a claim?

Accepted Answer

Yes, normally up to two years from the date of the accident, or if you were under 18 at the time of the accident, within two years of your eighteenth birthday. It’s vital that any Court action must be started within this time or you’ll lose your right to claim. In limited circumstances the two year time limit only commences from the date you become aware that you may possibly have a claim – in these cases you must contact us immediately for the appropriate advice.

The deadline can be extended for a few types of industrial disease claims, so it’s always worth contacting us even if you think two years have passed. For a disease case, a two-year time limit normally runs from the date you become aware that your condition is work related.

Question 3

Why do I need to see a doctor?

Accepted Answer

The Personal Injuries Board / insurance company will require a specialist medical report before agreeing any settlement – and this will be based on the doctor’s opinion. If you’re unhappy with the report, the Doctor can always be asked for his or her comments.

If you are claiming damages for personal injuries the answer is yes. Our primary concern is that you are ok! We will make and pay for all medical appointments we believe are necessary for you to attend, and we will do our best to ensure that all appointments are at time to suit you.

Question 4

If I hear someone else received a figure in settlement of a similar claim, should I expect to get a similar amount?

Accepted Answer

No because you may not be aware of some important differences in the case. For example, they may have had incurred a loss of earnings claims, whereas you may have been paid in full for any days absent from work.

Question 5

When I hear that my case has settled how long will it take for me to receive payment?

Accepted Answer

Sometimes insurance companies pay in six to eight weeks. However, there can be complications particularly in complex cases where payment may not be made for around eight to twelve weeks or longer.

Question 6

Can minors under the age of eighteen make a claim?

Accepted Answer

YES. If the accident occurred before the child’s eighteenth birthday, a parent or guardian must represent the child as a ‘Next Friend’ in order to file a claim for compensation. If the case is successful, and is approved by the court any compensation will be lodged with the court until the child reaches the age of eighteen. Once the child becomes 18, they have a further period of two years in which to lodge a claim.

Question 7

Can I claim again in the future if there are complications with my medical condition?

Accepted Answer

Generally speaking, no. It will be a full and final settlement, unless a special arrangement is reached because your health may deteriorate in the future.

Question 8

Why do I need a lawyer?

Accepted Answer

It’s not a simple process as the Law is very complex. Our Solicitors are experienced and skilled in successfully pursuing personal injury claims. And if your case needs to get taken to Court because you are not being offered appropriate compensation, a Solicitor has to act for you. We will ensure the most favourable outcome for you.

Question 9

What does going to Court mean?

Accepted Answer

This means sending a Summons to the party responsible after the case is registered in Court. As soon as they receive the Summons (or Writ) the Court Action is started and the time limit is protected.

Question 10

What can I expect from Gary Matthews Solicitors?

Accepted Answer

We will provide you with a quality service at affordable prices;
We will issue you a quotation in advance for our services and if appropriate agree a fixed fee;
We will issue you with a written opinion on your matter and outline the various steps involved in bringing your matter to a conclusion;
We are committed to progressing your matter as efficiently as possible;
We will fully explain the law to you and each procedure and stage in the process;
We guarantee that you will be kept up to date on the progress of your case;
We work to achieve the best possible outcome for you (our client).

Question 11

I am not sure if I have a case. What do I do?

Accepted Answer

At Gary Matthews Solicitors no enquiry is too small. Call us at a time that suits YOU for confidential advice as to whether we believe you have a winnable case. If we are off the opinion that you have a case, we will look after it on your behalf and if we believe you do not have a winnable case, we will tell you and close your file. So what is your enquiry? Give us a call.

Question 12

What can I claim for?

Accepted Answer

Depending on what happened, you can claim compensation for: pain and suffering; wage loss after the accident; a lump sum for future wage loss; services provided by the family; the loss of a close family member.

Question 13

How does the claims process work?

Accepted Answer

The process for making a claim is extremely straightforward.

In order to make a Personal Injury Claim in Ireland you have to make an application to the Injuries Board to assess your case. If we take your case on, all we ask is that you attend one medical appointment that we will organise on your behalf. Once we have obtained the necessary medical report we will present your case to the Injuries Board.

Once the application has been lodged, the Injuries Board will notify the other party of the application. If the other party decline to have your case assessed, the Injuries Board will issue an Authorisation which will allow you to issue legal proceedings against the other party in court. If the other side consents to the assessment, the Injuries board has up to a period of nine months in which to assess your claim.

If either party fails to accept the assessment of your claim, the Injuries Board will issue Authorisation to issue legal proceedings to allow the claim to proceed through the courts.

Question 14

How long after my accident do I have to make a claim?

Accepted Answer

In most cases you have TWO years from the date of the accident within which you can make a claim.

However, there are a few exceptions to this rule e.g. if you were under the age of 18 when the accident occurred you have two years from the date of your eighteenth birthday within which to make a claim. Or, you have two years from the “date of knowledge” that you sustained a personal injury.

It is essential you contact Gary Matthews Solicitors as soon as possible after your accident to ensure you receive the immediate advice you need.

Question 15

Who pays for any compensation?

Accepted Answer

The insurer of the person or company who caused the accident.

Question 16

Can I claim for additional losses?

Accepted Answer

YES. You are entitled to claim for any losses incurred as a direct result of your accident e.g. loss of earnings, travel expenses, medical expenses and vehicle damage.

Question 17

Do I have to show it was someone's fault?

Accepted Answer

Yes. Unless special regulations apply, for example, if you are using machinery or a product which is faulty.

Question 18

How long will it take for me to obtain any compensation?

Accepted Answer

It depends on the severity of the accident and the co-operation of the insurance company. But many straightforward cases settle quickly.

Question 19

Will I have my day in Court?

Accepted Answer

Probably not! Most cases settle before an actual Court Trial.

At Gary Matthews Solicitors we handle every case on the basis that it will end up in court, however this is not always the case. The vast majority of cases settle before they reach court, either through a settlement meeting or on the morning of court.

Cases tend to go to court if the amount of compensation offered by the other party is inadequate or if no offer of compensation is made at all. If any offer of compensation is made by the other party we and your barrister will advise you as to whether we think you should accept or reject the offer, but ultimately the decision is yours.

Question 20

How long will my claim take to settle?

Accepted Answer

The answer depends on you and your speed of recovery. We cannot predict how long it will take your injuries to settle and while we will not delay your case, it would be inappropriate for us to settle your case (unless instructed by you) until the full extent of your injuries are known, so that you receive the compensation you deserve.