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Personal Injury FAQ*

Do you want to discuss your case?

Do I have a personal injury claim* ?

In order to successfully establish whether you could claim compensation* from another party you must be able to prove the following:

 

  • That the accident* was caused by third party negligence or fault and/or partial negligence or fault and
  • that you sustained injuries as a result of that accident* and
  • that the injuries are attributable to the accident*.

 

With over 30 years of experience Murray Flynn Solicitors holds a particular expertise in dealing with Personal Injury Claims*. We provide a highly efficient and professional service, which addresses all aspects of your claim. Please tell us about your accident* and we will be happy to help.

What are the time limits? When would my case become statute barred?

In general, with some exceptions, you have two years from the date of your accident* to start the compensation* process (that is to file a claim with the Injuries Board). For details of Injuries Board procedure click here. However, the sooner you notify the responsible party of your intention to pursue a claim* the better. Ideally you should do so within 1 month from the date of your accident*.

 

A formal letter sent by your Solicitor gives the person, company or organisation you hold responsible for your injury a chance to investigate the claim*. It also aims to prevent the negligent party from claiming that they have been prejudiced (disadvantaged) in any way by your delay in informing them about the claim* and perhaps just as importantly prevents the responsible party’s insurance company from refusing to provide the person, company or organisation you hold responsible for your injury with an insurance cover due to “late notification”.

Late notification may not affect your application to the Injuries Board. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.

 

It is not unusual for people involved in manual labour to develop problems with their back, shoulder, knees etc., even though there was no particular accident* on a specific date. People often think they are not entitled to compensation* in these circumstances but if these problems arise from an unsafe system of work, they are entitled to bring a claim* and seek compensation*. In these cases, the two year period starts from the time you first attended your doctor and/or obtained medical treatment for your injury. For details on work accident* please click here.

What are the types of Injuries*?

Common types of Personal Injury Claims* include road traffic accidents*, work accidents*, trip and fall accidents* or assault claims*. These could result in the following injuries:

 

  • Head & Face Injury
  • Neck & Shoulder Injury including whiplash injury
  • Back & Spinal Injury
  • Arm & Hand Injury
  • Leg & Foot Injury
  • Other Types of Injuries

 

Monetary settlement amounts for all types of physical injuries are listed in a comprehensive document prepared by The Injuries Board called the Book of Quantum. This document provides the guidelines regarding the amounts of the compensation* for each injury. In case of complicated injuries with view toward future treatment it is always better to get professional advice than end your case too early.

Do I have to attend a medical examination? What is a medical report? Would I need medical records for my case?

In order to prepare and evaluate your case, it is necessary to obtain a medical report detailing the level of your injuries, the treatment afforded to you and the prognosis for the future. It describes how the accident happened and contains important information such as the date of the accident*, your current condition and previous injuries.

 

This medical report is evaluated by The Injuries Board when deciding on the level of your compensation*, during settlement meeting, and at the court hearing.

 

Your Solicitor can request medical reports from your doctor. You may need a few medical reports in your case. The first medical report is from your own doctor who treated you after your accident or by another Specialist doctor. The subsequent report is required by The Injuries Board as part of  PIAB proceedings. You can find out more about PIAB procedures here.

 

The terms medical records and medical charts are used to describe the systematic documentation of your full medical history and care from one particular health care provider for instance a GP or a hospital. Although medical records would not normally determine the level of your compensation* it would be a very useful component toward medical reports and there would influence your case.

How long will my case take?

In most straightforward cases claims* are settled within months. However, this is dependent upon the nature of the case and severity of the injuries. Complicated cases with serious injuries may take considerably longer. It is not in your interest to settle a case too early as to do so precludes you from further compensation* if your injury proves to be long standing in nature.

For details regarding PIAB procedure click here

How much compensation* will I receive?

An injury can affect the quality of your life. That’s why it is so important for the compensation* you receive to be fair, satisfactory and adequate. A serious accident* that results in catastrophic injuries can turn your whole life upside down for instance a tragic car accident* or accident at work*. We have seen it on many occasions. Therefore, we strive for the compensation* to adequately reflect not only your current condition following the accident* but also to secure expected future costs.

 

The amount of compensation* you receive will depend upon the nature and severity of your injuries and how your lifestyle has been affected.

 

Compensation is divided into two broad categories:

 

  • General Damages that is non-financial damages such as pain and suffering and/or physical and emotional injuries following your accident*. Disability or other form of future impairment, lower quality or enjoyment of life or difficulty in finding another job can be also taken into account when calculating the level of your damages.
  • Special Damages that is any losses you suffered as a result of your injury that can be quantified financially. Special Damages comprise of medical and travel expenses related to your injury and loss of earnings that you can claim* as part of your compensation*. It is very important to keep all receipts. In case of serious injuries your capacity of future earning could be taken into account. If your personal property was damaged in the accident*, you can also claim* for the actual cost of repairing or replacing it.

 

Would you like to discuss your accident* with us ?

 

Our Specialist Personal Injury* Solicitors are here to help you and make the legal process easier for you and your family.

Our motto is:

“Professionalism, Commitment and Compassion”

COVID-19 - Safety message from Murray Flynn Solicitors

During the ongoing Covid 19 Restrictions, our office is open for business. We are able to meet safely with clients by appointment in our Fairview office.

If you have any concerns about coming to meet us to discuss an accident you have been involved in, we are happy to arrange a Zoom Call or meet with you in your own home to advise you.

Stay safe

Murray Flynn Solicitors Team