Best Wrongful Death Lawyers in Carrigaline

About Wrongful Death Law in Carrigaline, Ireland

Wrongful death in Ireland is most commonly referred to as a fatal injuries claim. It arises where a person dies because another party was negligent, breached a statutory duty, or committed a wrongful act. Carrigaline is in County Cork, so cases that start in Carrigaline are governed by Irish law and typically progress through the Cork Circuit Court or, for higher value claims, the High Court. A fatal injuries claim aims to compensate the deceased person's dependants for the losses they suffer as a result of the death, and to cover defined expenses such as funeral costs. In addition, there can be a separate claim on behalf of the deceased person's estate for losses suffered by the deceased up to the date of death.

Why You May Need a Lawyer

Fatal injuries cases can be complex. A lawyer can help you investigate what happened, identify the correct defendants and their insurers, and protect your position within strict timelines. Many cases involve road traffic collisions, workplace accidents, medical negligence, unsafe premises, defective products, or criminal acts. A solicitor can liaise with the Coroner, An Garda Siochana, the Health and Safety Authority, healthcare providers, and insurers. They can prepare and submit the application to the Personal Injuries Resolution Board, quantify loss of financial dependency with actuarial input, value services lost to the family, recover funeral and other expenses, and advise on the statutory solatium for mental distress. Legal guidance is also important where there is a will, probate or administration is required, or there are multiple dependants whose interests must be fairly represented and any award apportioned.

Local Laws Overview

Fatal injuries claims are governed primarily by the Civil Liability Act 1961 and later amendments. Only one fatal injuries action may be brought arising out of a death. The action is usually brought by the deceased person's personal representative for the benefit of all dependants. If no action is started by the personal representative within the first 6 months after the death, any dependant may bring the action for the benefit of all dependants. Dependants can include a spouse or civil partner, a qualifying cohabitant, children and stepchildren, parents and grandparents, grandchildren, and siblings, among others, provided they were dependent on the deceased in a material way.

Compensation in a fatal injuries claim can include funeral and related expenses, a statutory payment for mental distress known as solatium that is capped by law at a figure set by ministerial order, loss of financial dependency on the deceased's earnings or pension, and loss of services the deceased provided in the home or to the family. Separately, the deceased person's estate may claim damages for pain and suffering experienced before death and certain financial losses up to the date of death. The court or the Personal Injuries Resolution Board will apportion any award among the dependants as it considers fair. The solatium is a single capped amount that is shared among eligible dependants. You should ask your solicitor to confirm the current cap and how apportionment is likely to work in your circumstances.

Most claims must first be submitted to the Personal Injuries Resolution Board under the Personal Injuries Assessment Board Acts as updated by the Personal Injuries Resolution Board Act 2022. The Board can attempt assessment or mediation. If assessment is not appropriate or is rejected, an Authorisation issues so the case can proceed to court. There is a pre-action requirement under the Civil Liability and Courts Act 2004 to send a detailed letter of claim within a short period, and there are specific pleading and verification requirements when court proceedings issue.

Time limits are strict. In general, a fatal injuries action must be started within 2 years of the date of death. There are limited exceptions relating to date of knowledge and for minors, but you should not rely on an exception without legal advice. Early legal guidance is essential to preserve evidence and meet deadlines.

If the death was sudden, unexplained, occurred in a workplace, on the road, or in medical care, the Coroner for Cork City or Cork County may investigate and may hold an inquest. An inquest establishes who died, when, where, and how, but it does not decide civil or criminal liability. Families may be legally represented at an inquest. Criminal investigations or prosecutions can run in parallel with the civil process.

In Carrigaline, most court listings related to fatal injuries will be heard in Cork city. The Circuit Court deals with personal injury and fatal injuries claims up to a statutory monetary limit, with the High Court hearing higher value cases or complex matters. Which court is appropriate depends on the overall value and complexity of the claim.

Frequently Asked Questions

What is a wrongful death claim in Ireland?

It is a fatal injuries claim brought under the Civil Liability Act where a death was caused by negligence, a breach of duty, or a wrongful act. It compensates the deceased person's dependants for their losses and covers defined expenses such as funeral costs. A separate estate claim may address the deceased's pain and suffering and certain losses up to the time of death.

Who can bring the claim and on whose behalf?

Usually the deceased person's personal representative issues the claim for the benefit of all dependants. If no claim is issued within 6 months of death, any dependant may bring it for the benefit of all dependants. Only one fatal injuries action is allowed, and any award is apportioned among the dependants by agreement, assessment, or court order.

What is the time limit to start a fatal injuries case?

The general limitation period is 2 years from the date of death. Do not delay. Certain exceptions may apply in rare situations, but you should seek legal advice immediately to avoid missing the deadline and to comply with pre-action requirements.

Do we have to apply to the Personal Injuries Resolution Board first?

In most cases, yes. Fatal injuries claims usually must be submitted to the Board for assessment or mediation before court proceedings can issue. If an assessment is not suitable or is not accepted, the Board will issue an Authorisation so the case can proceed to court.

What types of compensation are available?

Compensation can include funeral and burial expenses, a statutory solatium for mental distress that is capped by law, loss of financial dependency on the deceased's income or pension, and loss of services provided by the deceased in the home or family. The deceased's estate can also claim for pain and suffering endured before death and certain financial losses up to the date of death.

How is loss of dependency calculated?

Loss of dependency focuses on the financial support the deceased would have provided to the dependants over time. It often involves actuarial calculations using the deceased's net earnings or pension, likely career path, benefits, life expectancy, and the value of services provided in the home. Adjustments may be made for the deceased's own living expenses and for contingencies.

What if the deceased was partly at fault?

If the deceased contributed to the accident, compensation may be reduced to reflect contributory negligence. The percentage reduction depends on the facts and any legal breaches by each party. Even where there is some contributory negligence, a worthwhile claim may still be possible.

How do inquests or criminal proceedings affect the civil claim?

An inquest establishes the factual circumstances of the death but does not decide civil or criminal liability. Its findings can still be useful evidence. A criminal investigation or prosecution can run in parallel. A civil claim does not have to wait for a criminal case to conclude, but timing and strategy should be discussed with your solicitor.

What documents and information will a solicitor need?

Typical items include the death certificate, details of next of kin and potential dependants, any will and grant of probate or letters of administration, Garda or HSA reports, medical records, the Coroner's documents, employment and earnings records, tax and pension details, proof of household services provided, receipts for funeral and related expenses, photographs, witness details, and any insurance or correspondence from potential defendants.

How much will it cost and can fees be deferred?

Costs vary with complexity, expert evidence needs, and whether the case resolves at the Resolution Board stage, by settlement, or at trial. Irish solicitors are subject to strict rules about how they may describe fees and they cannot advertise certain fee arrangements. Many firms discuss fee structures at the first consultation and will explain likely outlays for reports and court fees. Always request a clear letter of engagement that sets out costs in plain terms.

Additional Resources

Personal Injuries Resolution Board - Information on submitting a fatal injuries claim and the assessment or mediation process.

Courts Service of Ireland - Guidance on Circuit Court and High Court procedures in Cork and nationally.

Cork County Coroner and Cork City Coroner - Information about reporting deaths, post-mortems, and inquests.

An Garda Siochana - Carrigaline Garda Station can advise on reporting collisions or incidents resulting in death.

Citizens Information - Plain language guidance on fatal injuries claims, inquests, and related benefits.

Health and Safety Authority - Guidance and reporting for workplace fatalities and investigations.

Road Safety Authority - Guidance following fatal road traffic collisions and supports available.

Law Society of Ireland - Find a solicitor with experience in fatal injuries and personal injury litigation.

Health Service Executive - Information about patient safety, serious incident reviews, and open disclosure in healthcare settings.

Next Steps

Prioritise immediate family needs and obtain the death certificate. If the death was sudden, occurred at work, on the road, or in medical care, make sure it has been reported to the appropriate authorities and that the Coroner is notified where required. Contact an experienced solicitor in fatal injuries work as soon as possible to protect evidence and meet deadlines. Your solicitor can help identify the personal representative, advise on probate or administration, and prepare the pre-action letter of claim.

Do not discuss liability or accept settlement offers from insurers before obtaining legal advice. Keep all receipts for funeral and related expenses. Gather employment, earnings, and pension records, and note the household and childcare services the deceased provided. Your solicitor will prepare and file the Personal Injuries Resolution Board application, arrange independent expert reports where needed, and advise whether to accept an assessment or proceed to court. Throughout, they will keep you informed about apportionment among dependants, the statutory solatium cap, and realistic timelines. Acting early gives your family the best chance of a fair and timely outcome.