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Personal injury law covers situations where a person suffers physical or psychological injury because of someone elseâs negligence, breach of statutory duty or deliberate act. In Oldcastle, County Meath, the law that governs personal injury claims is the same as elsewhere in the Republic of Ireland. Common causes of claims in and around Oldcastle include road traffic collisions, slips or trips on public or private property, workplace accidents, and occasionally clinical negligence. The process for making a claim often involves the Personal Injuries Assessment Board - known as PIAB - and, where appropriate, court proceedings in the local or regional courts.
You may want legal advice if you have been injured and you are considering making a claim for compensation. A solicitor can help you understand your rights, gather and preserve vital evidence, calculate the full financial impact of your injuries, handle communication with insurers and PIAB, and represent you if court proceedings are needed. Specific situations where a lawyer is particularly useful include:
- Serious injuries that affect your ability to work or your future earning capacity.
- Complex liability disputes where fault is contested or multiple parties are involved.
- Claims involving medical negligence, employer liability, or public authority negligence.
- When the defendantâs insurers deny liability or make a low settlement offer.
- Claims requiring expert medical reports, loss of future earnings calculations, or long-term care assessments.
Key legal points to know in Oldcastle and across Ireland:
- Limitation period - Most personal injury claims must be started within two years. The two-year period usually runs from the date of the injury or from the date you knew or ought reasonably to have known about the injury. There are exceptions for minors and people with certain disabilities - for example a child generally has two years from their eighteenth birthday to start proceedings.
- PIAB - Before issuing court proceedings in most accident-based personal injury cases, claimants must normally make an application to the Personal Injuries Assessment Board. PIAB assesses the injury and may make an award. If either side rejects a PIAB assessment, the claimant may then issue court proceedings.
- Burden and standard of proof - In civil personal injury claims the claimant must prove, on the balance of probabilities, that the defendant was negligent or breached a duty of care and that this caused the injury.
- Contributory negligence - If you were partly to blame, the court can reduce the amount of compensation to reflect your share of responsibility.
- Employer obligations - Employers owe a duty under the Safety, Health and Welfare at Work legislation to provide a safe workplace. Work accidents can give rise to claims against employers or insurers, but reporting and internal procedures should be followed.
- Road traffic claims - The Road Traffic Acts and motor insurance requirements apply. If you are injured in a motor accident you should exchange details and report to Garda if required, and inform insurers promptly.
- Costs - PIAB applications do not usually include recoverable legal costs. If a case goes to court and you are successful, you may be able to recover some costs from the losing party, but recoverable costs will not necessarily cover all your legal fees. Many solicitors in Ireland offer no-win, no-fee - often called conditional or contingency-fee - arrangements, subject to regulatory rules and possible additional insurance for adverse costs.
Generally you have two years from the date of the injury to start a personal injury claim in Ireland. If the injury or its cause was not immediately apparent, the two-year period can start from the date you knew, or ought reasonably to have known, about the injury. There are special rules for children and people lacking capacity - for children the two-year period typically starts at age 18.
PIAB is the Personal Injuries Assessment Board which assesses many types of accident-based personal injury claims. In most cases you must submit an application to PIAB before issuing court proceedings. PIAB may make a monetary award; if you accept the award the case ends. If you or the defendant reject the assessment, you may then proceed to court. Some categories of claim, such as certain clinical negligence claims or complex employer liability matters, may fall outside PIAB - check with a solicitor or PIAB for applicability.
You are not required to hire a solicitor to make a PIAB application or to issue proceedings, but legal advice is strongly recommended. A solicitor can advise on liability, help preserve evidence, obtain medical and expert reports, prepare legal paperwork, negotiate with insurers, and represent you in court if needed.
Compensation typically has two parts - general damages for pain, suffering and loss of amenity, and special damages to reimburse quantifiable financial losses such as medical expenses, lost earnings, travel costs and care costs. For serious or long-term injuries, awards may include future loss of earnings and the cost of ongoing care or medical treatment.
If you were partly to blame for the accident, the court may reduce your compensation by a percentage that reflects your share of responsibility. This is called contributory negligence. Even if you were partly at fault, you may still be able to recover a substantial award.
Timescales vary widely. A straightforward PIAB application can be assessed in a few months, although delays happen. If the case goes to court, it can take much longer - often several months to years - depending on complexity, availability of expert evidence, and court timetables. Your solicitor can give a more tailored estimate after reviewing the case.
Gather as much evidence as possible: photographs of the scene and injuries, contact details for witnesses, incident or accident reports, medical records and receipts for expenses, details of any CCTV or dash-cam footage, and evidence of lost earnings such as payslips. Preserve clothing or items involved in the incident if relevant.
Yes - workplace injuries can give rise to employer liability claims if the employer breached health and safety duties. You should report the incident following your employerâs procedures and seek medical treatment. There may also be statutory benefits or a claims process under employer liability insurance. Some employer-related claims may or may not be dealt with by PIAB, so get legal advice early.
If the person responsible is uninsured, claims can be more complicated. For motor accidents there may be recourse through the Motor Insurance Bureau of Ireland or insurers with untraced driver schemes, but recovery can be difficult. A solicitor can advise on options including court proceedings and any state-backed schemes that might help.
Costs depend on the route taken. PIAB assessments rarely include recoverable legal costs, and if you accept a PIAB award you will usually not recover legal fees. If your case goes to court and you are unsuccessful, you can be ordered to pay the other sideâs costs. Many solicitors offer conditional fee agreements - often called no-win, no-fee - and you can arrange insurance to cover adverse costs. Always discuss costs and risks with your solicitor up front.
Useful organisations and sources of help for someone in Oldcastle include:
- Personal Injuries Assessment Board - for statutory assessment of many accident-based claims.
- Citizens Information - for general legal information and guidance on public services and rights.
- The Law Society of Ireland - for locating a qualified solicitor and understanding professional standards.
- Legal Aid Board - for information on civil legal aid and eligibility - personal injury claims rarely qualify but check if you have limited means.
- Health and Safety Authority - for workplace safety guidance and reporting serious workplace incidents.
- Road Safety Authority - for information on road safety, reporting and prevention.
- Health Service Executive and Medical Council - for complaints and enquiries relating to clinical care and practitioners.
- Local Garda station - for reporting incidents, collisions or where a criminal act contributed to injury.
If you have been injured in or near Oldcastle and are considering legal action, take these practical steps:
- Seek medical attention immediately and keep records of all treatment.
- Report the incident to the relevant authority - employer, property owner or Garda - and obtain an incident reference if possible.
- Collect and preserve evidence - photos, witness details, receipts and any CCTV or dash-cam footage.
- Note relevant dates and keep a diary of symptoms, treatment and how the injury affects daily life and work.
- Contact PIAB to confirm whether your claim should be submitted to them, and consider consulting a solicitor experienced in personal injury law. Ask potential solicitors about experience with PIAB cases, likely costs, timeframes and whether they offer a conditional fee arrangement.
- Be mindful of the limitation period - contact a lawyer promptly so your rights are protected.
Early practical steps and prompt legal advice can preserve evidence, protect your legal position and improve the prospects of a full and fair outcome.
