Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Brain injury cases in Midleton and across Ireland usually arise from road traffic collisions, workplace accidents, falls in public places, medical negligence, sports incidents, assaults, and defective products. The law focuses on identifying fault, proving that the negligence caused the injury, and securing fair compensation for both immediate and long term consequences. Because brain injuries can be complex and symptoms may evolve over time, these cases often require specialist medical and legal input.
Midleton is served by regional healthcare services in County Cork, including emergency and specialist pathways through Cork University Hospital and national rehabilitation services. Claims are typically pursued through the Personal Injuries Assessment Board process where applicable, or through the courts in Cork or the High Court depending on the value and complexity of the case. Early legal advice helps protect your rights, secure evidence, and plan for rehabilitation and future care needs.
You may need a solicitor if a brain injury was caused by the fault of another person or organisation, if insurers are disputing liability or the extent of your injuries, or if you need help navigating Ireland’s Personal Injuries Assessment Board process. A lawyer can coordinate expert medical and vocational evidence, calculate present and future financial losses, and ensure you access appropriate rehabilitation as early as possible.
Common situations that call for legal help include serious car or cycling collisions, falls linked to unsafe premises, injuries at work involving inadequate training or equipment, negligent medical treatment that caused or worsened a brain injury, criminal assaults, and accidents involving uninsured or untraced drivers. You may also need a lawyer if the injured person is a child or lacks capacity to manage their own affairs, if you require court approval of a settlement for a minor, or if a fatal claim must be brought by a family member.
Time limits apply. Most personal injury claims in Ireland must be started within two years less a day from the date of knowledge, which may be the date of the accident or the date you first reasonably knew you had a significant injury and who caused it. For children, time usually starts on the eighteenth birthday. Fatal claims must generally be brought within two years of the date of death. Shorter or different limits can apply to Criminal Injuries Compensation and insurance notifications, so early advice is important.
PIAB process. Most non medical negligence claims must first be submitted to the Personal Injuries Assessment Board, now operating as the Personal Injuries Resolution Board. You submit a completed application with a medical report and fee. The Board will usually assess value by reference to the Judicial Council’s Personal Injuries Guidelines. If either party rejects the assessment, the Board issues an authorisation to issue court proceedings. Clinical negligence claims do not go through PIAB.
Damages. Irish law provides general damages for pain and suffering and special damages for financial losses such as medical treatment, therapies, aids and equipment, home adaptations, case management, care, and loss of earnings or earning capacity. For the most serious injuries, courts may use periodic payment orders to provide long term security for future care and treatment needs.
Standards of care and liability. Negligence is assessed by reference to what a reasonable person or professional would have done. In medical negligence, the Dunne test applies. Employers must provide a safe place and system of work under the Safety, Health and Welfare at Work Act 2005. Occupiers must take reasonable care for visitors under the Occupiers Liability Act 1995. Contributory negligence may reduce damages if the injured person contributed to the accident or failed to use safety equipment.
Personal Injuries Guidelines. The Guidelines adopted by the Judicial Council set ranges for general damages for different injuries including traumatic brain injury. PIAB and the courts must have regard to these ranges, but each case depends on its own facts and the overall impact on the person’s life.
Letters of claim and pleadings. Under section 8 of the Civil Liability and Courts Act 2004, a letter of claim should be sent within two months of the cause of action becoming known. False or misleading evidence can lead to dismissal under section 26. Statements of claim must be verified by sworn affidavit.
Capacity and representation. The Assisted Decision-Making Capacity Act 2015, fully commenced in 2023, replaced wardship with modern supports. If an adult lacks capacity to litigate, the court can arrange for a representative to act. Claims for children are brought by a next friend and any settlement must be approved by the court.
Costs. In Ireland, percentage based fees are prohibited. Solicitors must provide a section 150 costs notice under the Legal Services Regulation Act 2015 explaining how fees will be calculated. Costs usually follow the event, but the court has discretion and there are specific rules where a party rejects a PIAB assessment and fails to do better in court.
Seek medical attention urgently, even if symptoms seem mild. Report the incident to the Garda Siochana if a road collision or assault occurred, or to your employer if it happened at work. Preserve evidence by taking photos, getting witness details, saving dashcam or CCTV footage, and keeping damaged equipment. Keep a diary of symptoms and how they affect daily life, and retain all receipts and medical records.
Most claims must start within two years less a day from the date of knowledge. For minors, time typically starts at age 18. For fatal claims, time generally runs for two years from the date of death. Different limits can apply to criminal injuries compensation and insurance notifications. Because brain injury symptoms can emerge later, do not wait to get advice.
Most non medical negligence personal injury claims must go through PIAB first. Medical negligence claims are excluded. If you accept PIAB’s assessment, the case can resolve without court. If either side rejects it, you will receive an authorisation to issue proceedings. A solicitor can ensure the application is complete, supported by the right medical evidence, and lodged in time.
General damages for pain and suffering are guided by the Personal Injuries Guidelines. Special damages include past and future medical treatment, rehabilitation, therapies, aids and equipment, home adaptations, transport, paid care and family care, case management, and loss of earnings or reduced capacity to work. In catastrophic cases, the court may consider periodic payment orders for long term needs. Independent expert reports are essential to quantify these losses.
If an adult lacks capacity, a representative can be appointed to act and the Assisted Decision-Making framework may apply. The court oversees settlements to ensure they are in the person’s best interests. For children, a next friend brings the claim and any settlement must be approved by the court, with funds typically lodged to the court until the child turns 18 unless the court directs otherwise.
Claims can often be pursued through the Motor Insurers Bureau of Ireland for uninsured or untraced drivers. You should report the collision to the Garda Siochana promptly and seek legal advice quickly because notification requirements and proof issues are stricter in these cases.
You may have a civil claim against the assailant and in some cases may apply to the Criminal Injuries Compensation Scheme. You should report the assault to the Garda Siochana as soon as possible and seek medical attention. Strict time and reporting rules can apply to compensation schemes, so early advice is crucial.
Timeframes vary with complexity. A PIAB assessment can take several months after your application is accepted. If the case proceeds to court, serious injury claims can take longer because expert evidence must be obtained and future needs assessed. Interim payments or early rehabilitation support may be possible where liability is not in dispute.
Many cases settle without a full trial, either after PIAB issues an authorisation or at settlement talks. If liability or the value of the claim is disputed, a hearing may be necessary. If the injured person is a child or lacks capacity, the court will need to approve any settlement even if the case settles.
Solicitors in Ireland cannot charge a percentage of any award or settlement. You should receive a written section 150 letter explaining how fees are calculated. In general, the losing party may be ordered to pay the winning party’s reasonable costs, but this is not guaranteed and special rules apply where a party rejects a PIAB assessment and fails to achieve a better outcome in court.
Acquired Brain Injury Ireland provides case management, rehabilitation, and community support services for people with acquired brain injury and their families.
Headway offers rehabilitation, counselling, and vocational supports for adults affected by brain injury, with services across Ireland including Cork.
HSE services in Cork provide acute care, neurorehabilitation pathways, community therapy, and medical card or long term illness supports where eligible.
National Rehabilitation Hospital in Dun Laoghaire provides specialist inpatient and outpatient rehabilitation for brain injury and other complex conditions.
Personal Injuries Assessment Board, also known as the Personal Injuries Resolution Board, is the statutory body that assesses most personal injury claims before court.
Motor Insurers Bureau of Ireland handles claims involving uninsured or untraced drivers.
Garda Siochana Midleton and the Cork Garda divisions are the points of contact for reporting road collisions and assaults.
Courts Service of Ireland provides information about the Circuit Court in Cork and the High Court, including procedures for approval of settlements for children.
Decision Support Service oversees assisted decision-making arrangements for adults who may need support with decisions, including legal and financial matters related to injury.
Department of Social Protection can advise on income supports such as Illness Benefit, Injury Benefit, Disability Allowance, Invalidity Pension, and Carer’s Allowance.
Prioritise medical care and follow all clinical advice. Report the incident to the appropriate authority, whether the Garda Siochana for a collision or assault, your employer for a workplace accident, or the property owner for a public place accident. Gather evidence and keep a record of symptoms, expenses, and work absence.
Contact a solicitor experienced in brain injury cases as early as possible. Ask about time limits, whether the claim must go to PIAB, what expert reports will be needed, and how fees will be charged. Provide your solicitor with medical records, photographs, witness details, insurance information, and correspondence from insurers. Your solicitor can send the section 8 letter of claim, lodge the PIAB application if required, arrange expert assessments, and engage with insurers about early rehabilitation support.
If capacity is an issue, discuss decision-making supports and representation so that the person’s interests are protected. For a child, ensure a suitable next friend is appointed and be aware that any settlement will need court approval.
Keep all receipts and proof of expenses, including travel, medications, therapy, equipment, and care. Avoid discussing the case or your recovery on social media. Continue to follow medical advice and engage with rehabilitation services to support your recovery and document progress.
This guide is general information only. It is not legal advice. A solicitor can provide advice tailored to your situation and the laws applicable at the time of your claim.
