What Is The Limitation Period For A Personal Injury Claim In Ireland?  Claim Specialists

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Ireland Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Republic Of Ireland? – How Long Do I Have To Claim Compensation?

Personal injury time limits-Ireland

Personal injury time limits-Ireland

Personal injury claims could be made if a person has suffered a negligent injury due to a third party while on holiday. However, the claim needs to have been initiated before the holiday accident claim time limit in order for it to be accepted by the courts. The personal injury claims time limit can differ from country to country, how the injury occurred and where it happened can also have a bearing on the time limit and if it happened while on holiday how you booked your holiday could depend whether you could make a holiday accident claim abroad or in the UK

The legalities of making an injury claim in Ireland can be a complex process and having some legal advice and guidance can be a real help, in fact, having a legal team on your side can be a real advantage. Legal Expert is a team of personal injury lawyers that have more than 30 years of knowledge and experience of making claims and can help you with yours, just call them on 0800 073 8804 for further information.

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A Guide To How Much Time You Have To Make A Holiday Accident Claim In Ireland

Many tourists from the UK travel to Ireland for a short break as it’s not too far away, and also for longer stays. Ireland has many picturesque villages, lots of good walking trails and plenty of bars and restaurants. Accidents could potentially happen anywhere whether on holiday or in everyday life, if they happen while enjoying a break they could possibly ruin the rest of your stay. If you have experienced an injury that has been caused by a third party who is responsible for your safety in some way you may have the right to pursue a claim for damages. However, time limits for personal injury claims in Ireland do apply so starting the process as soon as a possible is always advised.

We always advise that when thinking of pursing a claim contacting the experts is key and we advise this more so with accidents that happen in another country as different laws and legislation will apply. This is why we at Legal Expert have designed this guide. Within the guide you’ll find helpful and useful information such as, how personal injury claims are processed in Ireland and what is civil liability, how settlements are calculated under Irish law, what may be included in a claim, what the time limits are for making a claim, and lots more.

Time Limits For Claiming Compensation In Ireland

As mentioned earlier in the guide, there are time limits for personal injury claims in Ireland which you can find in the table below:

Location of where the injury or illness occurredTime limit
An injury or illness that occurred during a flight, on a pre-booked excursion or in accommodation booked as part pf a package deal with a UK based holiday provider3 years may very
An injury or illness that occurred during a holiday that wasn’t booked through a UK based holiday provider2 years may vary contact us for further details.
An injury or illness that occurred during a flight, or whilst embarking or disembarking a flight to and from an airport in Ireland that wasn’t booked as a UK package holiday. Airports in Ireland are:
Dublin Airport,
Cork Airport,
Galway Airport,
Ireland West Airport Knock,
Kerry Airport,
Shannon Airport,
Waterford Airport,
Sligo Airport.
2 years may vary

Sometimes the time limits can vary depending on the circumstances surrounding your accident, injury or illness and so for a better assessment of the holiday accident claim time limit for your individual case, speak to Legal Expert and they will be able to help.

What Is A Travel Accident In Ireland?

There are different types of accidents that could potentially occur when on holiday in Ireland which could result in someone sustaining an injury or becoming ill. Not all accidents will lead to compensation claims only injuries that have been caused negligently by a third party who owed you a duty of care may go on to be awarded damages. For a claim to be successful, liability needs to be proven. Examples of scenarios of accidents that may happen when on holiday in Ireland could possibly include:

  • Road traffic accidents – If you are injured after being involved in a road accident that wasn’t your fault, you could make a claim for compensation. The guidelines on what to do when a road accident occurs are the same as in the UK, such as reporting the accident to the police, try to get witness details, take photos of the accident scene if possible, take down the details of the other driver including name and address, make and model of their vehicle, and of course their vehicle insurance details and registration.
  • Slip, trip and fall accidents – These are the most common types of accidents as they could potentially happen anywhere. Although sometimes they happen and there is no one responsible and sometimes they are caused by negligence. An example of this is, a freshly mopped and cleaned floor that has no wet floor warning signs causing a customer to slip and injure themselves. Or, if in the hotel you were staying in, the floor coverings were damaged causing a trip hazard, the hotel could potentially be liable for any injuries caused by this. Providing it can be proven that a third party who owes you a duty of care is liable for your injuries a basis of a personal injury claim may exist.
  • Food poisoning – There are a number of reasons as to why food poisoning occurs, the most common reasons are food being undercooked and poor hygiene. As long as you can prove how and why you were struck down with food poisoning, you could possibly make a claim. If you need help in proving liability, speak to an experienced legal firm and they will be able to help.
  • Excursion accidents- If you have booked an excursion either as a package deal or privately and you sustain an injury through negligence whilst on the excursion, you may be able to make a claim. If the excursion is part of your package deal booked in the UK by a UK tour operator, your holiday company may be liable and you would be able to make a package holiday claim, if you booked an excursion privately, the private company could be liable.
  • Accommodation accidents – Sustaining an injury at your accommodation could be due to a number of possible different reasons such as poor lighting, faulty electrics, poorly maintained furniture, poorly maintained floor coverings, untidiness and uncleanliness for example.

Examples of types of injuries that could be sustained may include:

  • Bruising
  • Cuts and lacerations
  • Grazes
  • Broken or fractured bones
  • Sprains and strains
  • Whiplash
  • Stomach upset, mild to severe
  • Mental trauma
  • Concussion

The Personal Injury Claims Process In Ireland

The Personal Injuries Assessment Boards-PIAB is an independent statutory body that deals with personal injury in Ireland. All personal injury claims apart form medical negligence may past through this board. Road traffic accident, public liability claims and workplace accidents may all be assessed by the PIAB. If the defendant does not want the PIAB to assess the case for compensation then you may bring the case to court. If the PIAB assess a case as it has be approved by the defendant cases usually take 7 months to be assessed if they are taken to court it is usually about 3 years. Claims are assessed by the medical evidence that is provided either by a doctor at the time or by a medical expert provided by the PIAB or both. Under section 18 the PIAB may appoint your case to the court if it consists partly or wholly of psychological injuries.

Civil Liability In Ireland

Under the  Civil Liabilities and Court Act 2004 the personal injury time limit is 2 years this may vary. The defendant should be notified of the incident within 2 months, preferably in writing stating what has occurred and why they may be liable, giving the defendant time to be able to investigate what you are claiming. ”Love thy neighbour’ is often quoted when dealing with Civil liability and Duty of Care. Liability is established the same way as it is in the UK, a duty of care must exist, this duty of care will have been breached and such a breach has caused an avoidable injury. To determine a breach in this duty the ”Reasonable Man” theory may be quoted.

How Are Settlements Calculated Under Irish Law And The Book Of Quantum?

The Book of Quantum is basically a reference for compensation amounts for individual injuries in relation to the pain and suffering the claimant has endured backed up with medical evidence. When deciding on a settlement amount for a personal injury, the Book of Quantum will be used for the amount of compensation relating to the injury. First, the injury category is identified, next the severity level is also identified. Value brackets are given for each injury as guidance. Some of the ranges in the book will be wide in order to accommodate how different people may be affected differently by their injury. In England personal injury solicitors may refer to the Judicial College guidelines for guidance for compensation amounts.

After this part of the claim is decided, there are also other monetary damages that may be included which we look at below.

What Is included In Special Damages?

If a personal injury compensation claim is successful the amount that is awarded may be made up of the following;

  • General Damages – This account for the pain and suffering felt by the claimant. The amount awarded will depend on the type of injury and its severity, the impact it has had on the claimants well-being and lifestyle, the type and length of treatment the claimant has had to undergo, and whether there will be any long term or permanent health issues as a result. Any psychological problems resulting from the injury or any mental trauma from the accident or incident that caused the injury is also considered.
  • Special Damages – These are the monetary costs and losses that have resulted from the claimant’s injury and may include:
  • Medical Expenses – Any expenses relating to medical care, treatment, medication costs, counselling, physiotherapy and so on, as a result of the injury.
  • Travel Expenses – Any costs in relation to travel that have been necessary because of the injury could be included. These not only cover the costs of going to and fro medical appointments etc, but also any costs you may have incurred due to needing any alterations made to your vehicle in order to accommodate your injury.
  • Care Claim – A care claim can be made if you have required help around the home whilst convalescing.
  • Child Care Costs – Any costs relating to childcare directly as a result of being injured could be claimed.
  • Loss of Income – If you have had to miss work, or not been able to return to work because of your injury, you could possibly claim for your loss of wages and future wages. This will be based upon your payscale.

For any monetary losses to be included in your claim, you need to show proof of the expenses such as receipts and so it is really important that you keep hold of any receipts you receive, or ask for any receipts you aren’t automatically given.

UK Personal Injury Claims Compensation Calculator

If you have suffered an injury abroad and wish to make a travel accident claim, you are probably wondering how much compensation could you receive. Accidents on holiday could vary, depending on the circumstances involved, they could result in a number of different injuries which will affect different people in different ways with some being affected more or less severely than others, and some having greater or smaller monetary losses than others. Due to there being so many variables making each individual case unique, we couldn’t possibly accurately predict how much compensation you will receive should your claim be successful. However, we understand that you may be wondering is it worth pursuing a personal injury claim, and so below, in the table, we have provided some compensation amounts for different injuries. Please not that these amounts are for claims pursued in England under UK law, if you are pursuing your claim under Irish law the amounts may differ.

Injury Type Severity of Injury Compensation Amounts Information
Head Injury Moderate Brain Damage£37,760 to £192,090These injuries range from concentration and memory issues, ability to work is reduced, risk of epilepsy to severe intellectual deficit and effects of speech, sight and senses.
Head Injury Minor Brain or Head Injury£1,940 to £11,200In these cases brain damage if any will have been minimal and the lower bracket reflects recovery within weeks.
Neck Injury Moderate Neck Injury £6,920 to £33,750These injuries will range from soft tissue damage with further trauma possible, serious limitation of movement, permanent or recurring pain to injuries associated with dislocations and severe fractures.
Neck Injury Mild Neck Injury Up to £2,150 to £6,920Lower bracket reflects recovery within three months, to short-term acceleration and/or exacerbation injuries, duration of the soft tissue injury will play a major factor.
Shoulder Injury Serious Shoulder Injury £11,200 to £16,830Dislocation to the shoulder causing back issues, pain to the neck and elbow and gripping issues to the hand.
Arm Injury Permanent and Substantial Disablement£34,340 to £52,490Serious fractures to one or both forearms leading to disability.
Arm Injury Simple Fractures of the Forearm £5,810 to £16,380Fractures to forearm.
Hand Injury Serious Hand Injuries £25,430 to £54,280Brackets include 50 percent reduced capacity, possible amputation and rejoining of fingers, or amputation of some fingers together with part of the palm resulting in gross diminution of grip.
Hand Injury Minor to Moderate Hand Injuries £800 to £11,640Brackets include crush injuries, penetrating wounds, soft tissue type and deep lacerations, impaired function to permanent disability.
Hip/Pelvis Injury Moderate Injuries £11,040 to £34,340These brackets involve hip replacement or other surgery to significant pelvis injury.
Back Injury Moderate Injury to the Back£10,970 to 34,000Disturbance of ligaments, soft tissue injuries, prolapsed discs necessitating laminectomy or resulting in repeated relapses to residual disability, traumatic spondylolisthesis with continuous pain requiring spinal fusion.
Back Injury Minor Back Injury Up to £2,150 to £10,970 Brackets include soft tissue injuries, strains and sprains, recovery time plays an important factor.
Leg Injury Moderate Injury to the Leg£24,340 to £34,370Multiple fractures, severe crushing, future surgery; imperfect union of fractures, muscle wasting with a possible impact on employment.
Leg Injury Less Serious Injuries to the LegUp to £10,380 to £24,340Simple fractures to the tibia and fibula to serious leg fractures with incomplete recovery.
Ankle Injury Modest Injuries Up to £12,050Minor displaced fractures, ligament damage, sprains, recovery will determine the amount.
Foot Injury Modest to Moderate Injury Up to £12,050 to £21,910Fractures to the foot that could lead to permanent deformity.
Scarring Trivial Scarring £1,500 to £3,090One scar which may be covered to some small scars.
Food PoisonSignificant Illness £3,460 to £8,360Stomach pains, cramps alteration of bowel function, recovery within a couple of years.
Food Poison Minor £800 to £3,460Disabling pain, cramps and diarrhoea.

The compensation amounts for injuries are taken from the latest Judicial College Guidelines. These are just to show you what is possible, but be aware that your individual case may be higher or lower than these if successful.

No Win No Fee Compensation Claims For Accidents Abroad

Making a compensation claim can be quite an intimidating and stressful experience if you are not familiar with the process of personal injury claims. Due to the complexity of making a claim and the legalities involved, we would definitely recommend hiring an experienced personal injury claims firm that specialise in the industry to pursue your claim for you. By doing this, apart from not having to worry about it, you will greatly increase the chances of your case being successfully as a professional will have the necessary knowledge.

However, you may be thinking, ‘But what about the cost of hiring a legal team?’ Hiring a legal team can be very expensive and this is why Legal Expert offer a no win no fee service whereby we will pursue your claim for you with no upfront costs, no charges throughout the claim, and will only charge you for our legal fees if we win your case. Our fees will then be paid in the way of a small percentage of the award amount. If we do not win your case, we will not charge you anything.

By providing a no win no fee service, we are allowing anyone the opportunity to claim for the compensation they may deserve, regardless of their financial position.

How A Travel And Tourism Accident Solicitor Could Help You

Legal Expert have solicitors who have been working in the industry of personal injury claims for more than 30 years and so have many years of experience in the field. We understand the right way to conduct a claim and have developed strategies in order to generate the best result possible for our clients.

We work hard on each individual case making sure to gather all of the necessary evidential facts to build a strong case. We work quickly and efficiently without tire and keep our clients informed at all times.

We are a friendly team and very approachable and so we make sure that our clients know that they can contact us at any point if they have any concerns regarding their case. We care about our clients and strive to get the maximum amount of compensation for their case as quickly as we can so that they can move on in their lives and concentrate on their recovery.

Contact Our Travel Claims Solicitors Today

If you would like to discuss making a compensation claim with one of our personal injury solicitors, contact Legal Expert today. Once we have established your query, we can offer you a free consultancy session where you can discuss the details of your claim and ask as many questions as you wish regarding your claim. We can then also ask you some questions so that we can assess whether you have a valid claim. We may then offer to pursue it for you under a no win no fee contract. With your agreement, we will then set to work immediately to get you the compensation you deserve. If we feel it could benefit your case, we may also offer a free local medical to have your injuries assessed by a medical professional.

If you simply just want some help and guidance, just call us on 0800 073 8804 and we will do our best to help.

Further Useful Contacts And Guides

Republic of Ireland car accident claims guide

Another of our guides with further information regarding personal injury claims for accidents on holiday in Ireland.

Republic of Ireland hotel accident claims guide

This is another of our guides that is more specifically related for injuries that occur whilst in a hotel in Ireland and what is involved in the personal injury claim for this.

NHS guide to healthcare when visiting Ireland

This NHS site gives some useful information regarding accessing healthcare whilst visiting Ireland.

British Embassy in Dublin

Here you will find the contact details for the British Embassy in Ireland.

Edited By Melissa.

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