Personal injury is a legal term for an injury to the body, mind or emotions. In Ireland, the Injuries Board is the State body responsible for the assessment of injury and the awarding of a monetary compensation in respect of the injury, where that injury was due to the negligence of another. Such injuries may include incidences of accidents at work, road accidents, and accidents arising in public places.
The introduction of the Injuries Board by the Personal Injuries Assessment Board Act 2003 changed dramatically the way personal injury claims are processed in Ireland. That act, together with the Civil Liability and Courts Act 2004, prevents claimants from issuing court proceedings in civil actions, save for certain exceptions, without an application having first been made to the Injuries Board to have their claim assessed.
Interesting injury statistics in Ireland
Based on the Injuries Board’s own published report of 2012, there is a modest but consistent rise in injury claims. The number of claims rose by 4.1 per cent in the first six months of 2012 compared to the same period in the year 2011. The report also revealed that the average compensation award in 2012 was €21,502 and that the largest compensation award in 2012 was €697,495, which is a significant increase in comparison to 2011. Furthermore, it is interesting to note that 75 per cent of claims were for injuries arising from road accidents.
The one indisputable fact revealed in these figures is the increasing number of injury claims in Ireland. This is why it is important to know your rights in this regard so that you may be in a better position to address these issues should you find yourself as an injured party in the event of an accident or incident.
Do you have an injury claim?
To establish whether or not you have a claim, you (the person making the claim) must have sustained some form of injury, either physical or psychological as a result of an incidence.
Even where the other party- be it a driver, doctor or employer - has indeed acted negligently, it should be noted that you can only claim compensation for a personal injury loss or damage that you in fact sustained. A near miss other than where it can be proved to have caused, for example, a severe psychological trauma, is not sufficient to justify compensation being awarded.
Negligence
The other factor to consider is whether the injury you sustained resulted from the negligence of someone who had a duty of care towards you at the time of - and in the circumstances of - the accident.
For example, an employer is expected to provide, within reason, a safe-working environment for his or her employees. For example, if Humphrey Appleby falls down the stairs in a civil service building and suffers a serious back injury, he may not be able to successfully claim against Jim Hacker, the Minister for Administrative Affairs or/and the State, if the stairs conform with all the required safety legislation and there has been no other negligent acts on the part of the State in relation to the accident.
Limitation periods
Often the first step that you will need to consider when assessing any personal injury claims is the statute of limitations for such claims in Ireland. This is time limit within which an injured party can issue proceedings according to the Courts and Civil Liability Act 2004.
In the majority of circumstances, a potential claimant has two years from the date of the injury, or the date of knowledge of the injury, in which to initiate proceedings by submitting a potential claim to the Injuries Board. However, there are some exceptions to the rule.
If you are involved in an accident, in order to be successful in your claim, you must have sustained some form of injury, and that injury must have been due to the negligence or lack of care of another person. Moreover, if you have a claim in which you contributed to your own injury by your own negligence, the compensation you will be awarded may be reduced.
Finally, each personal injury case is unique, and as a result, if you have been involved in an accident resulting from the negligence of another and feel that you have a potential claim, it is pivotal to discuss such a claim with your solicitor at the earliest opportunity. Remember, time is of the essence.
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
