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Personal injury law covers situations where someone is injured because of another person or organisation's negligence, breach of duty or deliberate act. In County Carlow the law follows the same national legal framework as the rest of Ireland. Common claims include road traffic collisions, slips and trips in shops or on public property, workplace accidents and injuries caused by defective products. The aim of a personal injury claim is to obtain compensation for losses caused by the injury - for example medical costs, lost earnings and general damages for pain and suffering.
You may need a solicitor when a personal injury causes significant medical treatment, time off work, ongoing care needs or disagreement about who was at fault. Lawyers help by assessing the strength of your claim, arranging medical reports, estimating damages, advising on the Personal Injuries Assessment Board - PIAB - process and, if necessary, representing you in court. A solicitor will also handle correspondence with insurers and reduce the risk that formal time limits or procedural rules are missed.
Common situations where legal help is useful include complex liability issues, disputes about the severity of injuries, claims involving multiple parties, cases with long-term or permanent impairment and where the insurer disputes entitlement or liability.
Key legal concepts that apply to personal injury matters in Carlow are the same as elsewhere in Ireland. The main elements of a negligence claim are duty of care, breach of that duty, causation and loss. Where those elements are proven, the injured person may recover damages.
Limitation periods - You generally must start proceedings within two years from the date of the injury or from the date you became aware that the injury was linked to the event. There are special rules for children and people with certain disabilities - for example a child harmed before age 18 will normally have two years from their 18th birthday to bring a claim. Because time limits are strict, early advice is important.
Pre-action procedure - Most personal injury claims in Ireland are subject to a statutory pre-action assessment through the Personal Injuries Assessment Board - PIAB. Claimants normally must submit their claim to PIAB before issuing court proceedings. PIAB may provide an assessment which you can accept or decline. If you decline the PIAB offer and proceed to court, rules on costs and disclosure may apply differently than if you had not engaged with PIAB.
Damages - Compensation typically has two parts. Special damages cover quantifiable financial losses such as medical expenses, rehabilitation costs and loss of earnings. General damages compensate for pain, suffering and loss of amenity. Courts also consider future care and loss of future earnings where relevant.
Contributory negligence - If you were partly to blame for the accident your award can be reduced proportionately. The court or PIAB will assess the extent of your responsibility.
Jurisdiction - Personal injury claims are generally heard in the Circuit Court or the High Court, depending on the value and complexity of the claim. Many motor injury claims are dealt with in the Circuit Court. Smaller, straightforward matters may be resolved through alternative processes or settlement before court.
Insurance and uninsured drivers - Motor insurers handle most road traffic injury claims. If the responsible driver is unidentified or uninsured, matters may involve the Motor Insurers' Bureau of Ireland or other statutory arrangements that assist injured parties.
Get medical attention first. Report the incident to Gardaí if necessary, collect names and contact details of witnesses, take photographs of the scene and any damage, keep receipts for expenses and notify your insurer. Record how the injury affects daily life. Contact a solicitor early to preserve evidence and meet time limits.
In most personal injury claims in Ireland you must submit the claim to the Personal Injuries Assessment Board - PIAB - before issuing court proceedings. PIAB will assess the claim and may make an offer. If you accept the PIAB assessment you usually cannot pursue the matter in court. If you reject it and later litigate, different rules on legal costs and evidence can apply. Talk to a solicitor to understand the implications for your case.
Generally you must start legal action within two years from the date of the injury or from when you knew the injury was connected to the event. For injuries to children or people under certain disabilities there are special rules. Because these deadlines are strict, seek advice promptly.
Compensation is split into special damages for calculable financial losses, and general damages for pain and suffering. The amount depends on factors such as the nature and severity of the injury, prognosis, impact on work and daily life, medical expenses and need for future care. A solicitor will work with medical experts to estimate an appropriate value for a claim.
Yes. Irish law recognises contributory negligence. If you were partly responsible for the accident, any award can be reduced by the percentage of your fault. The reduction is a matter of assessment by PIAB or the court.
Many personal injury claims are settled through negotiation or PIAB assessment without a court hearing. However, if parties cannot agree on liability or quantum, court proceedings may be necessary. A solicitor can advise on the likelihood of litigation and represent you if the case goes to court.
Costs depend on whether a claim is resolved by PIAB or in court and on the outcome. PIAB awards usually do not include legal costs. If a case goes to court, the losing party may be ordered to pay the winner's costs, but this is not guaranteed and is within the court's discretion. Ask your solicitor about fee arrangements, including whether they work on a conditional fee or "no-win, no-fee" basis.
Key evidence includes medical records and reports, accident reports, witness statements, photographs, receipts for expenses, employer statements about lost earnings and any CCTV or dash-cam footage. Early collection and preservation of evidence strengthens a claim.
Yes. If your injury results in long-term care needs or ongoing reduced earning capacity, those future losses can be included in a claim. Medical and vocational experts are usually required to support those elements of damages.
Look for a solicitor with experience in personal injury work, knowledge of PIAB and court practice, clear fee information and good client references. You can contact the Law Society of Ireland for guidance on finding a qualified solicitor. Arrange an initial consultation to discuss the likely course of action and costs.
Personal Injuries Assessment Board - PIAB - the statutory body that assesses personal injury claims in Ireland. Citizens Information - for practical guidance on rights, time limits and procedures. Courts Service - for information on court venues and procedures. Law Society of Ireland - for information on qualified solicitors and professional standards. Motor Insurers' Bureau of Ireland - for issues involving uninsured or unidentified drivers. Health Service Executive - for medical care, records and rehabilitation services. Local Garda station in Carlow for accident reports and initial investigations.
If you have been injured and need advice, take these practical steps: seek immediate medical care; report the incident to the Gardaí if appropriate; collect and preserve evidence such as photos, witness details and receipts; notify your insurer; and contact a personal injury solicitor for an assessment of your claim and to confirm applicable time limits.
When you meet a solicitor, bring any medical notes, photographs, accident reports and details of expenses and lost earnings. Ask about experience with PIAB and court work, fee arrangements and likely timelines. Early legal advice will help protect your rights and improve the chances of obtaining fair compensation.
