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Personal injury law covers claims made when someone suffers physical or psychological injury because of another person or organisation's actions or omissions. In Gorey - part of County Wexford - the same Irish personal injury rules apply as across the State. Typical cases arise from road traffic collisions, slips and trips on public or private property, workplace accidents, medical injury, and incidents involving defective products. The legal process aims to compensate injured people for medical costs, loss of earnings, pain and suffering, and future needs where appropriate.
Many personal injury matters can be handled more effectively with legal help. A solicitor can:
- Explain whether you have a viable claim and the likely strength of your case.
- Guide you through mandatory procedures such as referring a claim to the Personal Injuries Assessment Board - PIAB - when applicable.
- Gather and preserve evidence - for example witness statements, photographs, medical records, and CCTV or dash-cam footage.
- Arrange necessary medical and expert reports to quantify injury and future needs.
- Negotiate with insurers and respondents to achieve a fair settlement, or represent you if court proceedings become necessary.
- Advise on limitation timeframes, contributory negligence issues, and any special notice requirements when public bodies are involved.
Key legal features relevant to personal injury claims in Gorey and across Ireland include:
- Duty of care and negligence - The claimant must show the defendant owed a duty of care, breached that duty, and caused injury as a result. Courts look at foreseeability, reasonable conduct, causation, and remoteness of damage.
- Limitation period - Most personal injury claims must be started within a 2-year limitation period. That period generally runs from the date of the accident or from the date you first knew about the injury. There are special rules for children and people without capacity - for example the two-year period for a child typically does not start until they turn 18.
- PIAB compulsory assessment - Most personal injury claims for non-consumer claims or those above certain thresholds must first be referred to PIAB for an assessment before court proceedings are issued. There are limited exceptions - for example, certain employer liability or medical negligence claims may follow different pre-action routes. If you accept a PIAB assessment you are usually bound by it and cannot pursue the case further through the courts.
- Contributory negligence - Compensation can be reduced if the claimant is found partially responsible for their own injury.
- Public bodies and statutory notices - Claims against local authorities, the Health Service Executive, or other public bodies can carry special notice or time requirements. You should seek early advice if a public authority is involved.
- Courts and jurisdiction - Where a claim is not resolved by PIAB, it can proceed to court. The choice of forum - District Court, Circuit Court, or High Court - depends on the value and complexity of the claim.
Generally you must start your claim within a 2-year limitation period from the date of the accident or from the date you knew, or ought to have known, that injury had occurred. There are important exceptions and extensions - for example for children and people who lacked capacity. Always seek advice early to protect your rights.
PIAB is the Personal Injuries Assessment Board which provides independent assessments of many personal injury claims. In most cases you must refer a claim to PIAB before issuing court proceedings. There are exceptions, so ask a solicitor if your claim must go to PIAB. If you accept a PIAB assessment you are typically bound by it and cannot litigate further.
Compensation generally covers two main heads - general damages for pain, suffering and loss of amenity, and special damages for financial losses such as medical bills, travel expenses, loss of earnings and future care needs. In some cases, awards for future loss and long-term care are included.
Timelines vary widely. A straightforward PIAB assessment and settlement can take several months. Cases that proceed to court or require detailed expert evidence can take a year or more. Complexity, medical recovery time, availability of reports, and whether there is a dispute all affect duration.
Solicitors use different fee arrangements. Some offer conditional fee agreements or 'no win, no fee' arrangements, others charge on a standard hourly or fixed-fee basis. You will usually be asked to cover some outlays such as medical reports and court fees. Always get fee terms in writing before you instruct a solicitor.
Preserve evidence and protect your health. Seek medical attention promptly and follow medical advice. Take photos of the scene and injuries, collect witness names and contact details, and keep receipts for expenses and time off work. Report road traffic accidents to the Garda and get a copy of the Garda report if possible. Contact a solicitor early to avoid missing time limits.
Yes. Irish law recognises contributory negligence. If you are partly to blame, your compensation can be reduced in proportion to your share of responsibility. A solicitor will advise on likely apportionment and help present evidence that minimizes your share of blame.
Yes. Non-physical injury such as psychiatric harm can form the basis of a claim if it is a recognised psychiatric illness resulting from the defendant's negligence and supported by medical evidence. Mere upset or distress without a diagnosed condition is unlikely to succeed.
If you are involved in a road traffic collision and the other driver is uninsured, there are a few options. You may have cover under your own motor insurance policy such as motor uninsured driver protection, or make a claim against the Motor Insurers Bureau of Ireland in certain circumstances. A solicitor can advise on the best route and help with insurer communications.
Not automatically. Insurers may make early offers that do not fully reflect your current and future losses. Before accepting any offer, consider legal advice to ensure medical evidence and future needs are properly assessed. If you accept an inadequate offer there may be no opportunity to claim more later.
Useful organisations and bodies that can assist or provide information include:
- Personal Injuries Assessment Board - provides assessments for many injury claims and information on the referral process.
- Citizens Information - general guidance on legal rights, entitlements and procedures.
- Courts Service of Ireland - practical information about court processes and venues.
- Law Society of Ireland and Bar Council - directories to find solicitors and barristers with relevant experience.
- Health Service Executive - for records and public healthcare information.
- Health and Safety Authority - for workplace accident reporting and safety guidance.
- Local Garda station - to report traffic collisions and obtain incident reports.
- Local Citizens Information Centre in Wexford - for face-to-face help and signposting to services in Gorey and County Wexford.
If you think you have a personal injury claim in Gorey, follow these practical steps:
- Seek medical attention immediately and keep all medical records and receipts.
- Preserve evidence - take photographs, note witness details, and keep any damaged property.
- Report the incident where required - for road collisions contact the Garda and your insurer; for workplace incidents follow your employer's reporting procedures and consider notifying the Health and Safety Authority if serious.
- Contact a solicitor with personal injury experience as soon as possible. Ask about their experience with PIAB and litigation, their fee structure, and whether they handle cases in Gorey or nearby courts.
- Make a PIAB referral if your solicitor advises it is required and appropriate for your case.
- Keep a diary recording symptoms, appointments, medication, and how the injury affects daily life - this is helpful evidence for your claim.
Getting early legal and medical advice helps protect your rights, preserves crucial evidence, and gives you the best chance of a fair outcome. If you are unsure where to start, a local solicitor or the Citizens Information Centre can point you in the right direction for personalised guidance.
