Personal Injury Claims in Ireland: How the Claims Process Works
A personal injury claim in Ireland generally involves establishing what happened, preserving evidence, obtaining appropriate medical evidence and identifying the party alleged to be responsible. All personal injury claims must be made to the Injuries Resolution Board unless the claim has been settled at an early stage with the other party or insurer directly. If the matter is not resolved through the Board process, an authorisation may permit court proceedings to be commenced.
How the personal injury claims process works
The route through a personal injury claim depends on the circumstances, the available evidence and whether liability, medical causation or loss is disputed. The process may involve identifying the proposed respondent, obtaining medical evidence, documenting financial losses and submitting the claim to the Injuries Resolution Board. The Board may offer mediation or assess a claim where the parties participate. If the matter is not resolved through that process, an authorisation may permit court proceedings to be commenced. An injury by itself does not establish legal responsibility; the outcome depends on the facts, evidence and applicable law. For information about the firm’s legal service, visit the Lalloo Solicitors personal injury service page. This page instead explains the claims process and links to more detailed Injured.ie resources.Personal injury claims process: frequently asked questions
What is a personal injury claim?
A personal injury claim concerns an injury allegedly caused by another person’s negligence, breach of duty or other legally actionable conduct. Establishing that an accident happened is not enough by itself: liability, causation and loss must be supported by evidence.
Do I need a solicitor to apply to the Injuries Resolution Board?
The Injuries Resolution Board confirms that a claimant may apply directly. A solicitor is not compulsory for making the application. A person may nevertheless seek legal advice about the proposed respondent, evidence, medical causation, limitation periods, an assessment or the implications of accepting or rejecting an outcome.
See our detailed Injuries Resolution Board guide for the application, mediation, assessment and authorisation stages.
What can a personal injury solicitor do?
A solicitor can review the circumstances, advise on liability and causation, organise relevant evidence, prepare or manage the applicable claim process and communicate with insurers, respondents and their representatives. Where court proceedings are required, the solicitor can prepare and conduct the case with counsel or other appropriate professionals where necessary.
What evidence may be needed?
Relevant evidence may include photographs, video, witness information, incident reports, Garda or workplace reporting records, medical records, medical reports and documents supporting expenses or loss of earnings. The precise requirements depend on the accident and disputed issues.
See our personal injury evidence guide for a practical checklist.
How long do I have to make a claim?
In many adult personal-injury claims, the general limitation period is two years from the date on which the cause of action accrued or the injured person’s date of knowledge, if later. The calculation can be affected by an Injuries Resolution Board application and other circumstances. Advice should be obtained promptly rather than waiting for the apparent deadline.
How is a personal injury claim valued?
Medical evidence, the nature and duration of the injury, the Personal Injuries Guidelines, prognosis, supported financial losses and the individual circumstances may all be relevant. Past settlements, online calculators or another person’s outcome do not determine the value of a different claim.
The Personal Injury Calculator provides a guideline-bracket lookup by body area; it does not value an individual claim or predict an outcome.
What happens if liability is disputed?
The parties may disagree about how the accident happened, whether a legal duty was breached or whether the accident caused the injury and loss claimed. Further factual, medical or expert evidence may be required. If the matter is not resolved and an authorisation issues, court proceedings may be considered.
Do all personal injury claims go to court?
No. A matter may be resolved through the Injuries Resolution Board, mediation or direct negotiation. Court proceedings may be considered where the matter is not resolved and an authorisation permits proceedings to be commenced.
What financial losses may be relevant?
Properly documented medical expenses, travel costs, loss of earnings and other out-of-pocket expenses may be relevant, depending on the circumstances. Read our guide to proving a loss of earnings claim.
How are legal costs explained?
Section 150 of the Legal Services Regulation Act 2015 generally requires written costs information after a solicitor receives instructions. The notice must disclose the legal costs or, where that is not reasonably practicable, explain the basis on which they will be calculated.
Read our general guide to legal costs in personal injury claims.
How a solicitor can assist during the process
The solicitor’s role depends on the individual matter. It can include identifying legal and factual issues, advising on evidence, obtaining relevant records, communicating with another party or insurer and explaining each stage of the process.What to do after an accident
The appropriate steps depend on the circumstances, but useful early actions may include:- Obtaining appropriate medical attention.
- Reporting or recording the accident with the relevant person, business, Garda station or workplace where appropriate.
- Taking photographs or video of the location and relevant conditions.
- Recording witness names and contact details.
- Preserving incident reports, correspondence, CCTV requests and other documents.
- Keeping receipts, wage records and other evidence of financial loss.
Liability, causation and evidence
Liability concerns whether another person or organisation was legally at fault. Causation concerns whether that wrongdoing caused or materially contributed to the injury and loss claimed. Medical evidence can document symptoms, diagnosis, treatment and prognosis, but the relationship between an accident and an injury must still be considered. Previous injuries or medical conditions may be relevant and should be disclosed to the solicitor. Our personal injury evidence guide explains practical ways to preserve photographs, video, witness information, reports, medical material and financial records.The Injuries Resolution Board process
All personal injury claims must be made to the Injuries Resolution Board unless the claim has been settled at an early stage with the other party or insurer directly. A completed application ordinarily includes an application form, the applicable processing fee and a medical report. The proposed respondent and circumstances of the accident must also be identified. Depending on the matter and the parties’ participation, the Board may offer mediation or assess compensation. Where the matter is not resolved, an authorisation may permit court proceedings to be commenced. Read the dedicated Injuries Resolution Board guide for a fuller explanation of the application, mediation, assessment and authorisation stages.Written notice and time limits
Section 8 of the Civil Liability and Courts Act 2004 provides for written notice to the alleged wrongdoer within one month from the date of the cause of action. A failure without reasonable cause requires the court to draw such inferences as appear proper and may affect costs where the interests of justice require. This notice is separate from reporting an accident, notifying an insurer or submitting an Injuries Resolution Board application. Limitation periods and notice requirements should be considered promptly because their application depends on the circumstances.Speak with Lalloo Solicitors about a personal injury matter
What happens after the Injuries Resolution Board process?
Some claims are resolved through an Injuries Resolution Board assessment, mediation or negotiation. Others require court proceedings after an authorisation has issued. A solicitor can advise on a proposed settlement by considering the medical evidence, supported losses, liability issues and the applicable Guidelines. Any assessment or court outcome depends on the facts, evidence and applicable law.Financial losses and legal costs
Properly documented medical expenses, travel expenses, loss of earnings and other out-of-pocket costs may be relevant to a claim, depending on the circumstances. Our loss of earnings guide explains the records that may be required. Legal costs depend on the individual matter, the work required and the written terms agreed with the solicitor. Professional fees, VAT, anticipated outlays and circumstances in which another party’s costs may arise should be explained in writing. In contentious business, legal costs cannot be calculated as a specified percentage or proportion of an award or settlement. Read the separate guide to legal costs in personal injury claims.Useful related Injured.ie resources
Use the more detailed resource that matches the question or accident type:
- Personal Injury Calculator — guideline-bracket lookup by body area.
- Injuries Resolution Board guide — application, mediation, assessment and authorisation stages.
- Personal injury evidence guide — photographs, video, witnesses, reports and records.
- Road accident claims hub — road collisions and links to specific road-user pages.
- Accident at work claims hub — workplace evidence, duties and reporting.
- Slip, trip and public-place claims — occupiers’ liability and premises evidence.
- Loss of earnings guide — financial and medical records used to support a claimed loss.
- Child injury claims — next friend, Board and court-approval information.
- Fatal injury claims — dependants, financial dependency and recoverable expenses.
Each resource deals with its own narrower subject instead of repeating the full claims process on this page.
Official information
- Injuries Resolution Board — making a claim
- Injuries Resolution Board — claimant FAQs
- Law Society of Ireland — Find a Solicitor
- Irish Statute Book — section 150 legal-costs notice
- Law Reform Commission — written notice under section 8
- Law Reform Commission — personal-injury limitation provision
- Judicial Council — Personal Injuries Guidelines
Contact Lalloo Solicitors
Lalloo Solicitors can review the available information and explain whether the firm is in a position to advise. Call 01 664 1800, email info@injured.ie or use the callback form on this page.
Reviewed by Lalloo Solicitors.
This page provides general information and is not a substitute for legal advice concerning a particular matter. No solicitor-and-client relationship arises until Lalloo Solicitors confirms its appointment in writing.