Best Brain Injury Lawyers in Carrigaline

About Brain Injury Law in Carrigaline, Ireland

Brain injury cases in Carrigaline are dealt with under Irish personal injuries law. A brain injury can arise from many situations, including road traffic collisions, workplace accidents, falls in public places, assaults, sports incidents, defective products, and medical negligence. The law focuses on whether someone owed you a duty of care, whether that duty was breached, and whether that breach caused your injury and loss. If liability is established, compensation may be awarded for pain and suffering, loss of earnings and benefits, medical and rehabilitation costs, care and assistance, and other out of pocket expenses.

Most non medical negligence personal injury claims in Ireland start with the Personal Injuries Assessment Board, known as PIAB. Serious and catastrophic brain injury claims often proceed to the courts because of the complexity of liability, the need for detailed medical and vocational evidence, and the long term impact on work, independence, and care needs. Carrigaline is in County Cork, so cases are typically handled through the Cork Circuit Court or the High Court lists in Cork or Dublin, depending on the value and complexity of the claim.

This guide offers general information for people in Carrigaline who are considering legal advice following a brain injury. It is not legal advice. You should obtain specific advice from a qualified solicitor about your situation.

Why You May Need a Lawyer

Brain injuries often have complex medical, legal, and practical consequences. A solicitor can help you understand your rights, protect limitation deadlines, and build the strongest possible case while you focus on recovery. Common situations where legal help is valuable include the following.

Road traffic accidents where liability is disputed, where multiple vehicles are involved, or where the other driver is uninsured or untraced. A solicitor can engage with insurers or the Motor Insurers Bureau of Ireland for uninsured or hit and run drivers.

Workplace accidents arising from unsafe systems of work, inadequate training or equipment, or failures to comply with health and safety regulations. Employer liability can involve complex issues of evidence, reporting obligations, and insurance.

Public place or occupiers liability incidents such as falls in shops, premises, footpaths, or car parks. These cases often require timely preservation of CCTV, inspection records, cleaning logs, and expert evidence on hazards and foreseeability.

Medical negligence claims involving misdiagnosis, delayed treatment, surgical error, birth injury, or medication error that leads to brain injury. These cases require specialist medico legal input and follow a different pathway from standard PIAB claims.

Catastrophic injury cases involving significant long term cognitive or physical impairment. These require assessment of lifetime care needs, case management, specialist therapies, accommodation adaptations, assistive technology, loss of earnings and pension, and sometimes periodic payment orders for future care.

Situations where the injured person is a child or lacks capacity to conduct litigation. The law provides for a next friend for minors and decision support arrangements for adults who need assistance with legal decisions.

Local Laws Overview

Personal Injuries Assessment Board PIAB process. Most personal injury claims other than medical negligence begin with an application to PIAB. You submit a completed application with a medical report and fee. Once a valid application is acknowledged, the limitation clock is paused. PIAB may arrange an independent medical examination and will issue an assessment of damages if liability and injury are suitable for assessment. Either party can accept or reject the assessment. If rejected, or if the claim is not suitable for PIAB, PIAB issues an Authorisation to proceed to court.

Time limits. In Ireland, the general time limit for starting a personal injury claim is two years from the date of knowledge of the injury. For minors, time typically runs from their 18th birthday. For people who lack mental capacity to manage their affairs, time generally does not run while the lack of capacity persists. Making a valid application to PIAB within time stops the clock while PIAB deals with the case. There are shorter notification requirements in some contexts, and earlier action is strongly advised to preserve evidence.

Liability principles. Claims are governed by the Civil Liability Act 1961 and case law on negligence and duty of care. Occupiers liability is governed by the Occupiers Liability Act 1995. Employer duties are set out in the Safety, Health and Welfare at Work Act 2005 and associated regulations. Road users must take reasonable care, and compulsory insurance applies. If you are partly at fault, contributory negligence may reduce your award proportionately.

Uninsured or untraced drivers. The Motor Insurers Bureau of Ireland MIBI provides a route to compensation when a motorist is uninsured or cannot be identified, subject to its agreement terms and conditions.

Medical negligence. PIAB does not assess medical negligence claims. These cases proceed by pre action investigation, expert reports on breach of duty and causation, and if necessary litigation. They often require High Court proceedings due to complexity and value.

Assessment of damages. Courts and PIAB refer to the Judicial Council Personal Injuries Guidelines 2021 for general damages. Brain injury awards depend on the severity of injury, cognitive and behavioural effects, functional limitations, prognosis, and impact on work and life. Special damages cover past and future financial losses, including care, therapies, equipment, housing adaptations, and loss of earnings and pension.

Periodic payment orders PPOs. For catastrophic injuries, the High Court may make a periodic payment order under the Civil Liability Amendment Act 2017 to provide index linked annual payments for future care and certain recurring costs, where appropriate.

Court jurisdictions. The District Court hears claims up to 15,000. The Circuit Court hears personal injury claims up to 60,000. The High Court has unlimited jurisdiction and hears most serious brain injury cases. Carrigaline cases usually issue in the Cork Circuit or the High Court with sittings in Cork or Dublin.

Minors and approval of settlements. Settlements for children require court approval. Funds are generally held until age 18, though the court can make directions for necessary expenses such as treatment and education.

Capacity and decision support. The Assisted Decision-Making Capacity Act 2015 now fully commenced provides supports for adults who have difficulty with decision making. Depending on capacity, a person may appoint a decision making assistant or a decision making representative may be appointed by the court. A next friend or litigation representative may be required to bring proceedings where a person cannot conduct litigation themselves.

Costs and fees. Solicitors in Ireland cannot charge legal fees calculated as a percentage of any award or settlement. You are entitled to receive a written notice under section 150 of the Legal Services Regulation Act 2015 explaining how fees will be charged. In PIAB, legal costs are generally not recoverable from the respondent unless a court orders otherwise. Discuss funding and insurance options with your solicitor.

Fatal injuries and inquests. Where a brain injury leads to death, dependants may bring a fatal injuries claim under the Civil Liability Act. A coroner may hold an inquest. Time limits apply and early advice is important.

Frequently Asked Questions

How long do I have to start a brain injury claim in Ireland

The general limit is two years from the date you knew or ought to have known that you were injured, that it was significant, and that it was caused by the wrongdoing of another. For children, time typically starts on the 18th birthday. For people who lack capacity, time may be paused. A valid PIAB application within the two year period stops the clock while PIAB is dealing with the claim. Because evidence can disappear quickly, seek advice as soon as possible.

Do I have to apply to PIAB for a brain injury claim

Most non medical negligence personal injury claims must go to PIAB first, including road traffic, workplace, and public place incidents. Medical negligence claims are not assessed by PIAB. Serious or complex cases may still start with PIAB and then proceed to court if not suitable for assessment or if the assessment is not accepted.

How much compensation is a brain injury claim worth

It depends on the severity and effects of the injury. General damages are guided by the Judicial Council Personal Injuries Guidelines 2021. Special damages can include past and future loss of earnings, care and case management, therapies, assistive technology, accommodation adaptations, travel, and medical expenses. Catastrophic injury cases may involve very substantial lifetime costs, sometimes addressed by a periodic payment order. Your solicitor will obtain expert evidence to quantify losses.

What if I was partly at fault

You can still claim, but any award may be reduced for contributory negligence. For example, if you were 25 percent responsible, your compensation may be reduced by 25 percent. The allocation of responsibility is fact specific and often contested.

What happens if the other driver is uninsured or leaves the scene

The Motor Insurers Bureau of Ireland can compensate victims of uninsured or untraced drivers, subject to its scheme rules. You should report the incident to An Garda Siochana promptly, obtain medical attention, and seek legal advice. Time limits and notification requirements apply.

Will I have to go to court

Many cases settle without a trial, either at the PIAB stage or after proceedings are issued. If liability or the value of the claim is strongly disputed, a hearing may be necessary. For minors and people lacking capacity, the court must approve any settlement. Your solicitor will prepare you for any step that requires your attendance.

How long will a brain injury claim take

Timeframes vary. PIAB assessments commonly take around nine months from the start of the formal assessment and may be extended. If proceedings issue in the Circuit Court or High Court, serious cases can take 18 to 36 months or longer, especially where complex medical evidence is needed. Early rehabilitation can and should proceed regardless of the legal timeline.

What evidence do I need

Key evidence includes medical records and scans, a detailed medical report on diagnosis and prognosis, witness statements, photographs, CCTV if available, accident reports, Garda or HSA reports, employment and income records, receipts for expenses, and a diary of symptoms and care needs. In serious cases, expert evidence on neurology, neuropsychology, occupational therapy, case management, vocational loss, and architecture for home adaptations may be required.

Can I bring a claim for a child or a family member who cannot manage their case

Yes. A parent or guardian can act as next friend for a child. For an adult who lacks capacity, a suitable person can act on their behalf in line with the Assisted Decision-Making Capacity Act 2015 or by court appointment of a decision making representative. The court must approve settlements in these cases.

Can I claim the costs of private rehabilitation and care

Reasonable and necessary treatment, therapy, equipment, case management, and care costs caused by the injury can be claimed as special damages. In catastrophic cases, future care and therapy needs are a major part of the claim and may be provided for by a periodic payment order. Keep detailed records and receipts and obtain clinical recommendations to support claims for rehabilitation.

Additional Resources

Personal Injuries Assessment Board PIAB - State body that assesses most personal injury claims other than medical negligence.

Judicial Council Personal Injuries Guidelines - Framework used by courts and PIAB to value general damages.

Courts Service of Ireland - Information on the District, Circuit, and High Court processes and locations including Cork.

Health and Safety Authority HSA - Guidance on workplace safety and accident reporting duties.

Motor Insurers Bureau of Ireland MIBI - Compensation scheme for victims of uninsured or untraced motorists.

Decision Support Service DSS - Information and supports under the Assisted Decision-Making Capacity Act 2015.

Criminal Injuries Compensation Tribunal - Scheme for victims of violent crime, separate from civil claims.

Headway Ireland - Support services for people with acquired brain injury and their families.

Brain Injury Ireland - Information, advocacy, and community services for brain injury survivors.

Health Service Executive HSE and National Rehabilitation Hospital - Public healthcare and specialist rehabilitation services. Locally, Cork University Hospital provides acute neuro care.

Citizens Information - Public information on legal rights, social welfare supports, and community services.

An Garda Siochana - Reporting road traffic collisions and assaults, obtaining incident numbers and statements.

Next Steps

Prioritise medical care. Seek immediate assessment at Cork University Hospital or your GP, follow medical advice, and attend recommended scans and therapy. Your health and rehabilitation come first.

Report the incident. For road traffic collisions or assaults, report to An Garda Siochana. For workplace accidents, notify your employer and complete the accident report. Serious workplace incidents may need to be reported to the HSA. Request copies of reports where possible.

Preserve evidence. Take photographs, identify witnesses, and ask that any relevant CCTV be preserved. Keep damaged items such as helmets or clothing. Record the location details and conditions. Keep a diary of symptoms, memory issues, headaches, fatigue, mood changes, and how these affect daily activities.

Collect documents. Keep medical records, receipts, travel expenses, medication costs, and details of care and assistance provided by family and professionals. Gather employment and income records, including payslips, contracts, and any correspondence about absence and sick pay.

Mind the time limits. The two year limitation period is strict, with specific rules for minors and capacity. A valid PIAB application within the period stops the clock while PIAB is dealing with the case. Do not wait. Early advice helps preserve crucial evidence.

Speak to a solicitor experienced in brain injury cases. Choose a solicitor familiar with serious injury litigation in County Cork and the High Court. Ask about their approach to rehabilitation focused claims and their experience with long term care, vocational loss, and periodic payment orders.

Discuss fees in writing. In Ireland, solicitors cannot charge a percentage of your award. You are entitled to a written section 150 letter explaining how fees will be charged and any outlays for experts and reports.

Consider early rehabilitation. Ask your solicitor about coordinating with insurers under a rehabilitation code where appropriate. Early case management, neuropsychology, occupational therapy, and physiotherapy can improve outcomes and are often recoverable as part of your claim.

PIAB and litigation pathway. Your solicitor will advise whether to apply to PIAB, how to best present medical evidence, and when to issue proceedings if required. In serious cases, expect independent medical examinations and expert reports on prognosis, care, and vocational impact.

Protect your privacy. Be cautious about social media and public posts. Assume insurers may review publicly available material. Keep communications with your legal team private and accurate.

If in doubt, ask. Brain injury claims are complex. Regularly check in with your solicitor about strategy, evidence gaps, settlement opportunities, and supports available to you and your family in Carrigaline and County Cork.