A letter of claim is an early written notification to the person or organisation alleged to have caused your injury. In an Irish personal injury case, section 8 of the Civil Liability and Courts Act 2004 requires notice describing the alleged wrong within one month of the cause of action accruing or your date of knowledge, whichever is later.
This guide concerns personal injury claims in the Republic of Ireland. Its practical focus is preparing accurate information, identifying the recipient and keeping a record of service. Other disputes, Northern Ireland and specialist compensation schemes can follow different rules.
When does the one-month period start?
The starting point needs to be checked against the facts. The statutory date of knowledge concerns awareness of a significant injury, its connection with the act or omission complained of, and the defendant’s identity. It also considers information you could reasonably have obtained, including through appropriate expert advice. You do not need to know that the conduct legally amounted to negligence.
Write down the accident date, when symptoms appeared and when you first learned of a possible connection. Bring supporting records to a solicitor promptly. Do not assume that receiving a later diagnosis automatically restarts time.
Who should receive the letter, and how is it served?
Check the proposed recipient’s legal name and address. A shop sign, trading name, building owner and operating company may identify different parties. Give your solicitor documents that help establish who was involved, such as a receipt, employment record, vehicle details or existing correspondence. Where responsibility is uncertain or several parties may be involved, have that investigated rather than selecting a name by guesswork.
Section 4 of the 2004 Act provides for a notice addressed to the person by name. It permits personal delivery, leaving it at the person’s ordinary residence or furnished address for service, or sending it there by prepaid registered post. For this purpose, a company’s ordinary residence is its registered office; other corporate or unincorporated bodies use their principal office or place of business.
Keep a copy of exactly what was served and the delivery evidence. Do not rely on an ordinary email, insurer conversation or social-media message as a substitute without specific advice about service.
What information should you prepare?
The following is a preparation checklist, not a prescribed form or a case-specific letter. Section 8’s content requirement is to state the nature of the wrong alleged. Your solicitor can decide how the available facts should be expressed.
- Your details: your name and contact information, and whether someone is helping you communicate. Identify who actually suffered the injury.
- The event: date, approximate time and precise location. If something is uncertain, label it as uncertain rather than filling a gap.
- What happened: a short chronological account of what you did and observed. Separate your own recollection from information supplied by someone else.
- The conduct complained of: the specific act or failure you believe caused the injury, and why. “I fell” describes an event; it does not explain the alleged fault.
- The injury currently known: symptoms, treatment received and any diagnosis actually given. Avoid predicting permanent effects or using a diagnosis that has not been made.
- Existing records: accident references, photographs, witness contact details, medical attendance dates and correspondence. Keep originals and note where each item came from.
- Outstanding questions: missing recipient details, an uncertain accident date or a disputed account. Highlight these for advice instead of concealing them.
A useful final check is whether another reader can identify the incident, understand the allegation and see which facts remain unresolved. For wider record gathering, use our personal injury evidence guide.
Is an accident report or Board application the same thing?
Keep these documents separate in your file:
- Accident report: records an incident for an employer, business or other organisation. Keep the submitted version and any reference.
- Letter of claim: gives the proposed defendant the early written notification discussed above. Do not assume a routine accident entry fulfils that purpose.
- Injuries Resolution Board application: asks the Board to deal with a claim within its remit. It has its own information and document requirements.
- Court proceedings: are a separate formal step; sending correspondence does not itself issue proceedings.
Under section 11 of the 2003 Act, a qualifying Board application requires a claimant’s signature and specified information, including respondent details and confirmation concerning the enclosed medical report. The Board’s application guidance also explains the completed form, treating doctor’s report and application fee. Do not wait for a complete Board application before seeking advice about early notification.
Does the letter protect the two-year time limit?
Sending a letter alone does not stop the limitation clock. The usual starting rule for adult negligence-related personal injury actions is two years from accrual or later knowledge under section 3 of the 1991 Act. Exceptions and special circumstances need individual checking.
For relevant claims, section 50 of the 2003 Act disregards a period beginning with a qualifying Board application and ending six months after the authorisation issues. The protection is tied to the respondents named; a respondent added later has a different starting point. A letter to the other side is not that application. See our time-limit guide and Board process guide for the fuller explanations.
What if the month has already passed?
Late notice does not automatically bar the claim. Under section 8, where the failure is without reasonable cause, the court must draw whatever inferences are proper and, where the interests of justice require, refuse the plaintiff’s costs or reduce the costs otherwise payable. The reason for delay therefore matters.
Seek advice now, keep evidence explaining the delay and have both notification and limitation dates checked. Do not backdate correspondence or assume that waiting for an insurer resolves either issue.
What happens after the letter is sent?
Keep acknowledgements, questions, insurer details and any denial or offer together with the notice. Record dates and pass new correspondence to your solicitor. An acknowledgement only confirms receipt; it does not by itself establish responsibility or the value of the claim.
Continue keeping treatment and expense records. If an offer arrives, obtain advice about its scope before agreeing to it. The early account of an injury may not establish its longer-term effects.
Need advice about notifying a claim? Contact Lalloo Solicitors with the key dates and any correspondence already sent or received. Explain if a deadline may be close.
Sources checked: 9 November 2026. General information, not advice on an individual claim.
