Best Brain Injury Lawyers in Passage West

About Brain Injury Law in Passage West, Ireland

Brain injuries range from mild concussion to severe traumatic or acquired brain injury and they can arise from road traffic collisions, falls in public places, workplace incidents, assaults or medical treatment issues. Passage West is a coastal town in County Cork, so many cases locally involve road traffic on the R610, employment in local businesses and construction, and leisure activities along the harbour. Irish personal injury law applies uniformly across the State, which means a person injured in Passage West will follow the same procedures and rules that apply nationwide. Claims are usually started through the Personal Injuries Resolution Board, commonly known as PIAB, with court proceedings only if the case cannot be resolved there. Because brain injury can affect cognition, mood, memory and the capacity to manage finances or litigation, additional legal steps may be needed to protect the injured person, including representation and court approval for settlements in cases involving children or adults who lack capacity.

Why You May Need a Lawyer

A lawyer can guide you through the PIAB process, gather the right medical and expert evidence, and protect your rights when insurers challenge liability or the extent of your injuries. Brain injury cases often involve complex medical issues, long term rehabilitation needs, future care costs and loss of earnings, all of which require specialist evidence from neurologists, neuropsychologists, rehabilitation consultants, occupational therapists and vocational experts. If your case involves an uninsured or untraced driver, a public body, a serious workplace accident, suspected medical negligence, or disputed responsibility, legal help is particularly important. A lawyer can also deal with time limits, ensure early notification to defendants, secure CCTV or scene evidence, obtain Garda and HSA material where available, and advise on capacity and court approval where a child or a person with impaired decision making is involved. In catastrophic injury cases, a lawyer will explore interim payments, structured or periodic payment orders where appropriate and long term financial planning.

Local Laws Overview

Most personal injury claims in Ireland must first be submitted to the Personal Injuries Resolution Board. You complete a Form A with a medical report and pay a fee. Once the application is acknowledged, the limitation clock is paused while PIAB assesses the claim. PIAB aims to make an assessment within 9 months with a possible extension to 15 months. If both sides accept the assessment, that becomes binding. If either party rejects, PIAB issues an authorisation to allow court proceedings. As a guide, respondents often have 21 days to accept and claimants 28 days, and silence by a respondent usually counts as rejection.

General damages for pain and suffering are guided by the Judicial Council Personal Injuries Guidelines, which replaced the former Book of Quantum. Special damages cover past and future financial losses, including medical treatment, rehabilitation, assistive technology, travel, home adaptations, paid and family care, and loss of earnings or earning capacity. In catastrophic injury cases, the High Court can make periodic payment orders under the Civil Liability Amendment Act 2017 in suitable cases, designed to fund long term care and treatment costs over time.

Key Irish laws and rules in brain injury cases include the Civil Liability and Courts Act 2004, which encourages early notification to the defendant and provides for affidavits of verification, the Statute of Limitations two years from the date of knowledge for adults with the period paused during the PIAB process, the Occupiers Liability Act 1995, the Safety, Health and Welfare at Work Act 2005 for workplace accidents, the Road Traffic Acts and the Motor Insurers Bureau of Ireland scheme for uninsured or untraced drivers, and the Fatal Injuries legislation for family members in fatal cases. The Assisted Decision Making Capacity Act 2015 fully commenced in 2023 and provides supports for adults who need help with decisions. For children, any settlement must be ruled by a court and funds are usually lodged until adulthood.

If a case proceeds to court, venue is typically the Cork Circuit Court for moderate value claims and the High Court for severe and catastrophic injuries. Claims should usually be issued where the accident occurred or where the defendant resides. Solicitors must provide a written explanation of expected legal costs at the outset under the Legal Services Regulation Act 2015, and they cannot charge contingency fees calculated as a percentage of damages.

Frequently Asked Questions

What should I do immediately after a suspected brain injury in Passage West

Seek urgent medical attention at the nearest emergency department, often Cork University Hospital for the region. Report the incident to the Gardaí for road traffic collisions or to the occupier or employer for public place and workplace accidents. If safe to do so, record names and contact details for witnesses, take photos of the scene and any hazards, and keep a diary of symptoms such as headaches, dizziness, confusion, memory problems and mood changes. Do not discuss fault at the scene and avoid social media posts about the incident.

How long do I have to bring a claim

For adults in Ireland, the general limitation period is two years from the date of knowledge of the injury. This period is paused once PIAB receives and acknowledges your application and resumes when PIAB issues an authorisation. For children under 18, time usually starts on their 18th birthday, and settlements must be approved by a court. Different and shorter timeframes can apply to criminal injuries compensation and certain claims against public bodies, so early legal advice is important.

Do I have to go through PIAB for a brain injury case

Yes in most non fatal personal injury cases, you must apply to PIAB before any court proceedings. PIAB does not generally assess clinical negligence and some complex catastrophic injury claims may exit PIAB early. If either party rejects a PIAB assessment, PIAB issues an authorisation so you can proceed to court.

What compensation can I claim for a brain injury

You can claim general damages for pain and suffering in line with the Personal Injuries Guidelines, plus special damages for medical and rehabilitation costs, medication and equipment, travel, home and vehicle adaptations, paid and family care, loss of earnings, loss of earning capacity and future treatment and care costs. In fatal cases, eligible dependants may claim under the Fatal Injuries legislation for specified losses and the statutory solatium.

What if the driver who hit me was uninsured or left the scene

Claims arising from uninsured or untraced drivers may be pursued through the Motor Insurers Bureau of Ireland scheme, which has its own notification rules and evidence requirements. You should report the collision to the Gardaí promptly and seek legal advice quickly to protect your position.

Do I need expert medical reports for a brain injury case

Yes. Brain injury cases often require reports from a GP and hospital specialists, a neurologist, a neuropsychologist to assess cognitive and behavioural effects, and rehabilitation professionals. Additional experts may include occupational therapy, speech and language, psychiatry, vocational assessment and accommodation and care experts. High quality independent reports are central to valuing the claim and planning long term supports.

Will I have to attend court

Many cases resolve through PIAB or later settlement discussions without a hearing. If liability or the value of the case is strongly disputed, a court hearing may be necessary. Where a child or a person lacking capacity is involved, even agreed settlements may require a brief court approval hearing. Your solicitor will prepare you for any attendance and may seek accommodations where cognitive or fatigue issues make attendance difficult.

How are legal costs handled

Your solicitor must give you a written explanation of likely legal fees and outlays at the start and keep you updated. In Ireland, solicitors cannot charge a percentage of any award. In court cases, the general rule is that the losing party pays a contribution to the winning party’s costs, but the court has discretion. If you accept a PIAB assessment, each side usually bears its own legal fees unless otherwise agreed.

What if I was partly at fault

You can still claim, but your compensation may be reduced to reflect contributory negligence. For example, not wearing a seatbelt or cycling without lights could lead to a reduction. Your solicitor will assess the evidence and advise on realistic outcomes.

Can my family access support while my claim is ongoing

Yes. You may be eligible for HSE rehabilitation services and community supports, and the Department of Social Protection provides payments such as Injury Benefit, Illness Benefit, Disability Allowance, Invalidity Pension and Carer’s Allowance subject to eligibility. Some benefits paid due to the injury may later be recovered by the State from the compensator under the recovery of certain benefits scheme. Your solicitor can coordinate with medical teams and advise on how a settlement may interact with means tested supports.

Additional Resources

Personal Injuries Resolution Board, known as PIAB. Judicial Council Personal Injuries Guidelines. Citizens Information. Motor Insurers Bureau of Ireland. Health and Safety Authority. An Garda Síochána for collision reporting and Garda Abstract Reports. Courts Service of Ireland. Legal Services Regulatory Authority for guidance on choosing a solicitor. National Rehabilitation Hospital. Headway Ireland. Acquired Brain Injury Ireland. HSE Cork Kerry Community Healthcare neuro rehabilitation services. Cork University Hospital Neurosciences Department. Cork City and County Coroner for fatal incidents.

Next Steps

Prioritise medical care and follow all clinical advice. Notify the responsible party promptly, for example the driver’s insurer, the occupier of the premises or your employer, and ensure workplace incidents are recorded in the accident log and reported to the Health and Safety Authority where required. Preserve evidence by taking photos, securing witness details, and requesting CCTV quickly since footage is often overwritten, and request a Garda PULSE reference number for road traffic collisions. Keep all receipts and create a simple record of expenses, care provided by family, mileage to appointments and time off work. Obtain your medical records from your GP and hospital, and if applicable request a Garda Abstract Report when available.

Speak to a solicitor experienced in brain injury as soon as possible. They will prepare and submit your PIAB application, manage deadlines, gather specialist reports and advise on rehabilitation and funding options. If the case does not resolve at PIAB, your solicitor will issue court proceedings in the appropriate venue, explore interim payments and consider periodic payment orders in a catastrophic injury case. For children and adults who may lack capacity, your solicitor will arrange the necessary representation and court approvals so that any settlement or award is protected and managed in the person’s best interests.

Early advice helps protect your claim, ensures the right evidence is assembled and gives you the best chance of securing the treatment, supports and compensation you need after a brain injury in Passage West.