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Personal injury law covers situations where someone suffers physical or psychological harm because of another person or organisation's actions or failures. In Listowel - a town in County Kerry - common personal injury cases include road traffic collisions, slips and trips in public places or shops, workplace accidents, and injuries related to medical treatment or public services. The legal process is civil - it aims to compensate the injured person for losses rather than punish the other party. Compensation typically covers general damages for pain and suffering and special damages for financial losses such as lost earnings, medical expenses and care costs.
Most simple incidents can be dealt with direct with an insurer or by using the InjuriesBoard assessment process, but you may need a lawyer if liability is disputed, your injuries are serious or long term, your economic losses are significant, or the legal or medical issues are complex. A solicitor can assess liability, obtain and interpret medical and other expert reports, calculate realistic damages, negotiate with insurers, represent you at the InjuriesBoard or in court, and protect your legal rights while you focus on recovery. A lawyer is particularly important when the other party denies responsibility, when contributory negligence is alleged, or when the claim involves employers, state bodies or serious disability.
Personal injury claims in Ireland are governed by general principles of negligence and by a mix of statutes and administrative procedures that affect how claims are brought and resolved. Key points to know for Listowel residents are the following.
Negligence - To succeed you normally need to show that the defendant owed you a duty of care, that they breached that duty, and that the breach caused your injury and loss. Courts decide this on the facts and on established legal tests.
Time limits - There are statutory limitation periods. In most personal injury cases you must start proceedings within two years of the date of the injury or the date you knew, or ought reasonably to have known, the injury was linked to someone else’s act or omission. Special rules apply for children and people lacking capacity, so seek advice promptly.
InjuriesBoard - Most personal injury claims in Ireland are processed through the InjuriesBoard assessment scheme before civil proceedings can be issued. The InjuriesBoard evaluates the claim and issues an assessment - parties can accept it or reject it and then pursue court litigation. There are deadlines and procedural rules for making an application to the InjuriesBoard.
Court venues - Claims that do not resolve at the InjuriesBoard or which involve higher values or complex issues will be heard in the Circuit Court or High Court. Lower value or straightforward claims may be dealt with in the District Court, depending on the circumstances.
Employer and workplace claims - Employers have statutory duties under health and safety legislation to provide safe workplaces and adequate training. Employers and some contractors are insured for employer liability, and workplace claims often involve investigation of safety procedures and expert evidence.
Claims against the State and public bodies - Special notice or time limits may apply to claims against local authorities or other public bodies. These claims can be more complex and often require early specialist advice.
Mitigation and contributory negligence - Claimants are expected to take reasonable steps to minimise loss. If you are partly at fault, your compensation may be reduced under the principle of contributory negligence.
Costs and funding - Legal costs can be handled in several ways - private fee arrangements, conditional fee agreements often described as no win no fee, and legal aid in eligible cases. If your claim succeeds, you may be able to recover some costs from the losing party, but rules and recoverable amounts vary.
In most cases you must start legal proceedings within two years of the date of the injury or from the date you became aware that the injury was caused by someone else. There are exceptions for children and people who lack capacity, and special rules for certain types of claims. Because the time limits can be strict, get advice early.
Yes - for most personal injury claims in Ireland you or your solicitor must make an application to the InjuriesBoard first. The InjuriesBoard will issue an assessment which can be accepted or rejected. If you do not accept the assessment, you can then issue court proceedings. There are particular rules and deadlines around the InjuriesBoard process, so a solicitor can guide you on what applies to your case.
Yes. If you were partly to blame, you can still bring a claim, but the court or InjuriesBoard may reduce the amount of compensation to reflect your share of responsibility. The reduction depends on the degree of fault attributed to you.
Compensation can include general damages for pain, suffering and loss of amenity, and special damages to reimburse financial losses such as past and future lost earnings, medical and rehabilitation costs, travel expenses, and care or household help. Awards depend on the severity and long-term effects of the injury and on the available evidence.
Key evidence includes medical records and expert medical reports, photographs of the scene and injuries, witness statements and contact details, Garda reports for road traffic incidents, employer reports for workplace accidents, receipts for expenses and wage loss information, and any CCTV or dashcam footage. Early collection of this material helps your case.
Many claims settle during the InjuriesBoard process or in negotiations with insurers. If a settlement cannot be reached and the assessment is rejected, you may need to issue court proceedings and attend hearings. A solicitor will advise you about the likelihood of court and prepare you if attendance is necessary.
Seek medical attention as soon as possible and follow any treatment. Report the incident to the Garda if required, and to your employer or the property owner if relevant. Take photographs, get witness details, keep copies of all medical and expense records, and avoid giving a full recorded statement to insurers until you have legal advice.
Legal aid for civil matters is provided in limited circumstances to people who meet strict means and merits tests. The Legal Aid Board can advise if you might qualify. Many personal injury solicitors also offer conditional fee arrangements where fees depend on the outcome, but always get the fee structure in writing.
If the at-fault party is uninsured or unknown, you may still have options. For road traffic accidents, Motor Insurers' Bureau of Ireland arrangements or the insurers of unidentified vehicles can sometimes be relevant. For other incidents, you may rely on your own insurer or pursue alternative defendants if appropriate. A solicitor can examine the facts and advise on the best route.
The length of a claim varies. Minor claims can be resolved in months, while complex or disputed claims can take a year or more, particularly if they proceed to court. Timelines depend on the need for medical recovery, obtaining specialist reports, the InjuriesBoard timetable, negotiations with insurers and any court timetables. Your solicitor should give a realistic estimate based on your case.
InjuriesBoard - the statutory body that assesses most personal injury claims in Ireland.
Citizens Information - provides clear information on rights, procedures and public services relevant to personal injury.
Law Society of Ireland - professional body for solicitors; use it to check solicitor credentials and guidance.
Legal Aid Board - provides information on eligibility for civil legal aid and advice on funding options.
Health Service Executive - for information on medical services and obtaining medical records.
Garda Síochána - local Garda station in Listowel for reporting accidents and obtaining incident reports.
Road Safety Authority and Motor Insurers' Bureau of Ireland - for road traffic crash guidance and insurance issues.
State Claims Agency - handles certain claims against public bodies and the State.
Local health and social care services in County Kerry - useful for rehabilitation, community supports and injured persons with long-term needs.
1. Prioritise your health - get prompt medical treatment and follow medical advice. Document all visits and keep medical records and receipts.
2. Preserve evidence - take photographs, note witness names and contact details, keep damaged items and any relevant documents, and report the incident to the Garda or to the relevant authority or employer if required.
3. Do not give a full recorded statement to an insurer without advice - provide factual information but seek legal guidance on detailed statements.
4. Contact a solicitor experienced in personal injury law - ask about initial consultations, likely costs, whether they offer conditional fee arrangements, and their experience with the InjuriesBoard and local courts. Prepare to discuss timelines, likely compensation ranges and the need for medical or other expert reports.
5. Consider an InjuriesBoard application - your solicitor can advise who should make the application and the necessary documentation.
6. Keep a clear record - maintain a dated diary of symptoms, appointments, treatments, communications with insurers and expenses related to the injury.
If you are unsure where to start, contact a local solicitor or Citizens Information in Listowel for practical guidance. Acting promptly helps protect your rights and improves the chances of a successful outcome.
