Personal Injury Claims

Where one person is injured as a result of another’s negligence, the law entitles him to claim damages for his personal injuries and losses within three years of the date of the injury (for accidents occurring after 31^st March 2005 the limitation period will be just two years). “Negligence” is legally defined as a failure to take “reasonable care” for the safety of others to whom foreseeable harm might be caused. The job of a solicitor acting for an injured party is to ensure that he or she obtains the full amount of compensation to which he is entitled. The job of a solicitor acting for a defendant or his insurers is to minimize their liability to the plaintiff. This ensures that premiums for motor and other forms of insurance remain reasonably affordable. No personal injury action should be settled before it has become clear how serious the injuries are and how long they will affect the claimant, or before the full extent of the resultant losses is known. However, once the value of a claims is established most claims can be settled fairly quickly if the evidence on the issue of negligence is clear, because the solicitors for both sides can second-guess the court and come to an agreement about what the case is worth, given previous court awards.

Claims for personal injuries must be made in the first instance to the Personal Injuries Assessment Board. The Law Society recommends that parties seeking compensation for personal injuries should consult a solicitor.