Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Personal injury law covers claims made by people who have been injured - physically or psychologically - because of someone elseâs negligence or deliberate act. In Kilkenny, as elsewhere in Ireland, the law seeks to provide compensation for loss arising from injury. Compensation typically covers general damages for pain and suffering and special damages for financial loss such as medical expenses, loss of earnings and care costs. Most injury claims in Ireland begin with medical treatment and advice, followed by an assessment of liability and causation, and then a process to quantify appropriate compensation.
Not every injury requires a lawyer, but legal advice is important in many common situations. You may need a lawyer if liability is disputed, if injuries are serious or long-term, if the claim involves multiple defendants or insurers, if you face complex medical and expert evidence, or if early settlement offers do not fairly cover your losses. A lawyer can help obtain medical records, instruct medical and other experts, calculate future losses, negotiate with insurers, prepare an application to the Personal Injuries Assessment Board - PIAB - and represent you in court if the claim proceeds. Legal advice is also important to protect your rights when dealing with insurers, employers, or public bodies.
Key legal points relevant to personal injury claims in Kilkenny include the following.
Negligence and burden of proof - To succeed you generally must show on the balance of probabilities that another party owed you a duty of care, breached that duty and caused your injury.
Time limits - There is a two-year limitation period for personal injury claims in Ireland. The two years normally runs from the date of the accident or from the date you first became aware of the injury - it is important to act promptly. Missing the limitation period can prevent you from pursuing a claim, subject to limited exceptions where courts may extend time in exceptional circumstances.
Personal Injuries Assessment Board - PIAB - Most personal injury claims in Ireland must be referred to PIAB before court proceedings are begun. PIAB will assess the injury and may make an award. If you accept a PIAB award you cannot then take the matter to court. If PIAB does not make an award, or if you reject the award, you may proceed to court. The PIAB process has its own timeframes and evidentiary requirements.
Court process and venues - Smaller or less complex matters may be resolved without court proceedings. If litigation is required, different courts hear different types of civil claims. More serious or high-value claims can involve pleadings, discovery, witness statements and expert reports, and may ultimately be decided in higher courts. Courts apply procedural rules and may make orders about costs.
Damages - Compensation is usually split into general damages for non-economic loss and special damages for economic loss. Courts also take account of contributory negligence - where the claimant is partly at fault - and may reduce an award accordingly.
Costs - Legal costs can be significant. If you win in court the successful party may be awarded some costs, but costs are at the courtâs discretion and awards rarely cover every fee. In some PIAB matters legal costs are not recoverable from the other party if a PIAB award is accepted. Discuss likely costs and fee arrangements with any solicitor you instruct.
Seek medical attention first. If applicable, report the incident to the Garda - for road accidents or where there is a criminal element - and to your employer for workplace injuries. Gather basic evidence if you can - photographs of the scene and injuries, names and contact details of witnesses, vehicle details if a road traffic accident, and any incident reports. Keep receipts for any expenses such as transport, medication or repairs. Notify your insurer where required and contact a solicitor for advice as soon as possible.
The general time limit is two years from the date of the injury or from the date you became aware of the injury. There are limited exceptions, but you should act promptly to protect your rights. If you are unsure about the timing, seek legal advice immediately to avoid losing the right to bring a claim.
Most personal injury claims in Ireland must be referred to PIAB before court proceedings can be taken. PIAB will assess and may make an award of compensation. If you accept that award you cannot take the matter to court. If PIAB makes no award or you reject the award, you may proceed to court. There are specific exceptions where PIAB does not apply, so obtain legal advice about your particular case.
Solicitors use various fee arrangements. Some work on a conditional fee or "no win - no fee" basis, others charge hourly rates or fixed fees for specific tasks. There may also be disbursements for expert reports and medical examinations. Always ask about fees, payment arrangements and what happens to costs if you lose before you sign an engagement letter.
Compensation is assessed for general damages - pain and suffering - and special damages - quantifiable financial losses such as medical expenses, loss of earnings and care costs. Courts and PIAB will consider the severity and duration of injuries, necessary future care, impact on earning capacity and any pre-existing conditions. Medical reports and expert evidence are central to quantifying compensation.
Yes. Irish law recognises contributory negligence. If you were partly at fault, the court may reduce your award in proportion to your share of responsibility. That reduction is applied to the total compensation amount.
Key evidence includes medical records and reports, photographs of injuries and the scene, witness statements, accident or incident reports, employer records for workplace incidents, repair bills or vehicle reports for road accidents, and documents showing financial losses. Early collection and preservation of evidence strengthens a claim.
Timelines vary. Some claims settle early through negotiation or PIAB assessment within months, while complex litigation can take years. Factors include the severity of injury, availability of medical and expert reports, willingness of insurers to settle, and whether the claim goes to court. Your solicitor can provide an estimate based on the specifics of your case.
Many solicitors practising in Ireland handle cases across counties. Local knowledge can be helpful for dealing with local hospitals, witnesses and courts, and for understanding local procedures. Choose a solicitor with relevant experience in personal injury law and good communication about how the case will be handled.
Insurers may make early offers to resolve claims cheaply. Do not accept an early settlement without legal advice. Early offers may not account for ongoing symptoms, future medical costs, or lost earning capacity. A solicitor can assess the offer and advise whether it is reasonable based on current and likely future needs.
There are several Irish bodies and organisations that provide information or assistance on personal injury matters. These include the Personal Injuries Assessment Board - PIAB - which administers the statutory assessment process, the Courts Service for information on court procedures, the Law Society of Ireland which regulates solicitors and can help you find a qualified practitioner, Citizens Information for general legal and welfare guidance, and the Health and Safety Authority for workplace safety and reporting requirements. Local health services and support groups can also assist with rehabilitation and practical help following injury.
If you think you have a personal injury claim in Kilkenny, consider the following practical steps.
1. Prioritise medical care - get prompt treatment and follow-up so your health is protected and records document your injuries.
2. Collect and preserve evidence - take photos, obtain witness details, keep receipts and retain any accident or incident reports.
3. Report the incident - notify the Garda if appropriate, notify your employer for workplace injuries, and notify your insurer where required.
4. Seek legal advice - consult a solicitor experienced in personal injury law to discuss liability, likely compensation, time limits and PIAB requirements. Ask about fee arrangements and what services are included.
5. Consider PIAB - your solicitor can advise on whether to apply to PIAB and can prepare the application and supporting evidence.
6. Keep a detailed diary - record the effect of the injury on daily life, symptoms, treatment appointments and financial losses as these details help in valuation of your claim.
7. Be cautious with offers - do not accept settlement offers without legal advice and do not sign waivers or releases until you understand the full implications.
Taking these steps early improves the prospects of a fair outcome. If you are unsure where to start, contact a solicitor with experience in personal injury matters to get a tailored assessment of your situation and guidance on the best path forward.
