Best Personal Injury Lawyers in New Ross

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Coghlan Kelly Solicitors
New Ross, Ireland

Founded in 1918
14 people in their team
English
Coghlan Kelly Solicitors is an award-winning law firm based in New Ross, County Wexford, serving clients across the South East of Ireland. The firm combines more than 70 years of collective experience across a wide range of practice areas, delivering rigorous guidance and tailored solutions for...
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About Personal Injury Law in New Ross, Ireland

Personal Injury law in Ireland covers civil actions where someone suffers physical or psychological harm due to another party's fault or negligence. In New Ross, residents typically pursue compensation for injuries from road traffic collisions, slips and falls, workplace accidents, and medical negligence. Most standard claims are routed through the Personal Injuries Assessment Board (PIAB) before any court action is pursued, which can influence timing and settlement prospects.

Key concepts you should know include fault-based liability, damages for economic losses like medical costs and loss of earnings, and non-pecuniary damages for pain and suffering. Understanding the PIAB process and limitation periods helps in planning a practical, well-documented claim. Local guidance from a solicitor familiar with Wexford-area claims can help tailor advice to New Ross residents and nearby towns.

Two-year limitation periods generally apply to personal injury actions in Ireland, after which a claim may be time-barred unless a statutory exception applies. See Irish Statute Book for the applicable acts and rules.

Sources for further context include official guidance from PIAB, the Courts Service, and Ireland's statute books. PIAB administers many personal injury claims, while the Courts Service governs court proceedings if settlement through PIAB is not achieved. Official resources can be found at PIAB, Courts Service, and Irish Statute Book.

Why You May Need a Lawyer

Direct legal assistance can clarify complex requirements and protect your rights in New Ross. Below are concrete scenarios that typically require counsel rather than attempting a claim alone.

  • You are involved in a car collision on the N25 near New Ross and disagree with fault attribution or liability limits set by an insurer. A solicitor can review statements, gather evidence, and negotiate with insurers on your behalf.
  • You slip and fall in a shop or pub in New Ross, sustaining a back or head injury and the business denies liability. A lawyer can identify premises liability duties and coordinate expert evidence to establish the risk and causation.
  • You suffer a workplace injury on a construction site in County Wexford, with potential contributory negligence, time-sensitive reporting requirements, and loss of earnings. Legal counsel helps with reporting, compensation calculations, and possible settlement.
  • Your medical treatment at a local hospital or clinic leads to complications or delays in recovery. A solicitor can assess medical negligence implications, obtain expert opinions, and navigate PIAB or court pathways.
  • You intend to pursue a claim for long-term impairment or chronic pain, where damages are uncertain and require detailed medical evidence, future-care costs, and expert testimony. A lawyer coordinates the evidence and advises on settlement versus court action.
  • You are a minor or the injured party lacks capacity, raising special rule considerations for limitation periods and guardianship. An attorney can safeguard rights and manage proceedings appropriately.

Local Laws Overview

New Ross residents are governed by Irish statutes that regulate personal injury claims, the process for assessing damages, and the time limits to sue. The following laws are central to most personal injury claims in Ireland:

  • Civil Liability Act 1961 - establishes the general framework for civil actions for personal injuries arising from fault or negligence. Enacted in 1961, the Act provides the civil basis for pursuing damages in tort claims. See the Irish Statute Book for details.
  • Personal Injuries Assessment Board Act 2003 - creates PIAB as the first gatekeeper for most personal injury claims. Enacted in 2003, this Act sets out how a claim should be assessed and the process for medical and economic damages. See Irish Statute Book for the text and amendments.
  • Statute of Limitations Act 1957 - sets the general time limits to bring personal injury claims, typically two years from the date of injury or from when the injury was first known. Enacted in 1957, this Act is a key consideration for all potential claims. See Irish Statute Book for the exact provisions.
  • Civil Liability and Courts Act 2004 - includes procedural aspects and powers for efficient resolution of civil actions, with emphasis on case management and access to the courts. Enacted in 2004, this Act shapes how cases progress through the system. See Irish Statute Book for specifics.

Recent trends in Ireland include a focus on early disclosure of medical records, and a drive to settle suitable claims through PIAB before court litigation. Local practice in New Ross follows national guidelines, with solicitors advising on whether to engage PIAB or proceed to the courts based on claim value, liability, and evidence strength. For authoritative text, consult PIAB, Courts Service, and Irish Statute Book.

Frequently Asked Questions

What is the Personal Injuries Assessment Board and how does it work?

The PIAB is a state body that assesses personal injury claims in Ireland. It provides non-binding evidence-based determinations to help settle claims without full court litigation. If you choose to proceed, you may still sue after PIAB assessment in some cases.

How do I start a personal injury claim after an accident in New Ross?

First, document all injuries and gather evidence. Then consult a solicitor to determine if PIAB is appropriate and what documentation is needed. Your lawyer will file the claim with PIAB or the court, depending on the strategy.

When does the two-year time limit apply for personal injury claims in Ireland?

The general rule is two years from the date of injury or from when the injury was first known. Minors have different rules, and there are exceptions for capacity issues. See Citizens Information for details.

Where should I file a personal injury claim if I live in New Ross?

Claims are typically pursued through PIAB first. If settlement is not reached, the claim may proceed to the relevant court. Your solicitor will guide you to the appropriate forum based on the claim type and value.

Why is it important to seek legal advice promptly after an injury?

Early legal advice helps preserve evidence, manage documentation, and ensure you meet all deadlines. A solicitor can coordinate medical reports, witness statements, and insurer communications effectively.

Do I need a solicitor or can I handle a claim myself?

While you can start a DIY claim, a solicitor improves evidence gathering, negotiation with insurers, and understanding of complicated rules. For most people, engaging a solicitor increases the likelihood of a fair settlement.

How much compensation can I expect for a personal injury in Ireland?

Compensation depends on injury severity, medical costs, lost earnings, and pain and suffering. There are guidelines, but numbers vary widely with the specifics of each case. A lawyer can give you a more precise estimate after reviewing your records.

What is the role of the Personal Injuries Assessment Board in Ireland?

PIAB assesses the claim, often providing a framework for settlement. It helps determine a fair compensation range and can expedite resolution, reducing courtroom time in many cases.

How long does a typical personal injury claim take in Ireland?

Timeline varies with complexity. Some claims settle within months via PIAB, while others may take 12-24 months or longer if pursued in court. Your solicitor can provide a more accurate forecast based on your facts.

Can I claim for medical expenses and lost income?

Yes, you can claim for reasonable medical costs, rehabilitation, and loss of earnings due to injury. Your evidence must show direct link to the injury and quantify the losses.

Should I accept a settlement offer from PIAB or go to court?

Consider the offer's adequacy, your medical prognosis, and future care needs. A solicitor can advise whether to accept or contest, and can negotiate on your behalf.

Do I need to notify my insurer after an accident in New Ross?

Most claims involve notifying your insurer and cooperating with investigations. Your lawyer can coordinate communications to preserve your rights and avoid inadvertently waiving claims.

Additional Resources

Next Steps

  1. Record the incident details in writing within 24 hours, including date, time, location, and witnesses.
  2. Seek immediate medical attention and obtain all medical records related to the injury.
  3. Consult a solicitor with experience in Personal Injury and in the New Ross area to assess liability and the best pathway (PIAB vs court).
  4. Decide whether to contact PIAB early or pursue a direct court action based on your case value and evidence strength.
  5. Gather evidence such as photos, witness statements, and employment records showing lost earnings or disruption to daily life.
  6. Obtain a medical report detailing prognosis and future care needs, and share it with your attorney for damages assessment.
  7. Prepare a factual timeline and maintain ongoing medical updates to support the claim and any settlement negotiations.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.