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Personal injury law in Wicklow covers the civil remedies available when you are harmed due to someone else’s fault or negligence. The rules apply across the county just as they do in the rest of Ireland. Key statutes and processes shape how damages are assessed and paid for injuries, whether they stem from accidents, workplace incidents, or medical care.
Most Wicklow residents begin by understanding two main pathways: a claim processed by the Injuries Board (PIAB) and, if appropriate, a court action. The law also covers premises liability, road traffic injuries, and occupational hazards. In practice, local courts in the Dublin and Bray areas handle many personal injury cases arising in Wicklow communities like Bray, Wicklow Town, and Greystones.
Important governing principles include fault or negligence, the duty to take reasonable care, and the need to prove damages such as medical costs, lost earnings, and pain and suffering. The Civil Liability and Courts Act 2004 and the Personal Injuries Assessment Board Act 2003 provide the framework and process for most claims. You should consult a Wicklow solicitor to confirm the best path for your situation.
In Wicklow, a solicitor can help you gather medical records, photos, witness statements, and employment records, and then advise on whether to pursue PIAB settlement or direct litigation. A local solicitor can also explain timelines, negotiate with insurers, and manage correspondence to avoid inadvertent waivers of rights. Engaging a solicitor early often clarifies the claim path and increases the likelihood of fair compensation.
Civil Liability and Courts Act 2004 - This Act governs how personal injury claims proceed through the courts in Ireland, including the relationship between PIAB processes and court actions. It provides framework for how liability and damages are assessed and how cases advance to trial when necessary. For Wicklow residents, this Act shapes how injuries arising locally progress from initial claim to potential court hearing. Irish Statute Book
Personal Injuries Assessment Board Act 2003 - This Act established the Injuries Board (PIAB) as the central body for non-medical personal injury claims. It sets out the process for submitting a claim, obtaining a preliminary assessment, and the consequences of accepting or rejecting a PIAB offer. See official PIAB guidance for claim types and procedures. Injuries Board (PIAB)
Occupiers' Liability Acts (1957 and 1995 variants) - These laws regulate safety duties owed by occupiers of premises to visitors and invitees. They cover hazards on commercial properties and public spaces in Wicklow, including maintenance duties and duty to warn of known dangers. For detailed wording, consult the Irish Statute Book. Occupiers' Liability Act 1957 and Occupiers' Liability Act 1995
Statute of Limitations for Personal Injury Claims - Generally, you must start a personal injury claim within two years of the date of injury or when the injured person becomes aware of the injury. Minor claimants have special rules, and some cases may be subject to extensions or exceptions. See Citizens Information for guidance on time limits and exceptions. Limitation of Actions
According to the Injuries Board, the vast majority of personal injury cases are resolved through settlement rather than court action.
Source: Injuries Board (PIAB)
A personal injury claim seeks compensation for physical or psychological injuries caused by another party's fault or negligence. It covers accidents, workplace injuries, and some medical errors. It does not automatically include property damage or purely financial losses.
In most cases you submit your claim to the Injuries Board (PIAB) online or by paper form. PIAB then assesses liability and value, often providing an offer or requesting further information. A solicitor can help ensure your claim is complete and properly documented.
You may sue if PIAB does not offer a compensation settlement or if you wish to proceed directly with court action in appropriate circumstances. A solicitor can advise whether a court route is more suitable given liability, damages, and timelines.
Most claims originate with PIAB in Dublin, while court actions will be filed in the relevant Circuit or High Court depending on the value and complexity. Your solicitor can determine the correct jurisdiction for your case in Wicklow.
A solicitor helps gather evidence, calculate damages, negotiate with insurers, and explain options if a PIAB offer is not satisfactory. They also manage deadlines and ensure proper documentation for court proceedings if required.
You can, but many claimants benefit from legal advice. A solicitor helps assess liability, quantify full damages, and avoid common negotiation pitfalls with insurers. This can improve outcomes and reduce delays.
Yes, report the incident to your employer and obtain an accident report. Documenting the event promptly helps support your claim for damages and ensures compliance with workplace safety regulations.
Compensation levels vary based on injury severity, medical costs, earnings loss, and non-pecuniary damages. There is no fixed cap, but settlements reflect established medical and legal guidelines in Ireland.
Processing times vary; PIAB offers often take several months, while court actions can take years depending on complexity. Your solicitor can provide a timeline based on your case details.
PIAB provides a formal assessment and offers compensation without court proceedings in many cases. Court action is pursued when liability is disputed or the offer is unsatisfactory and can lead to a trial.
Medical negligence claims have special rules in Ireland. Some medical claims still go through PIAB, while others are pursued directly in court under specific exceptions. Consult a solicitor for your situation.
Only accept an offer if it fairly reflects your damages and needs. If you dispute liability or the amount, discuss options with a solicitor to decide whether court action is preferable.
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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.
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