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  • Again, if your accident occurred in the Republic of Ireland, before you can issue Court Proceedings, we will be required to submit on your behalf your Claim in writing to InjuriesBoard.ie (previously known as the Personal Injuries Assessment Board), commonly known as PIAB, which can result in the delay of our ability to issue Proceedings for a period of up to one and a half years.

How long have I got to make an accident, injury or illness claim?

In the Republic of Ireland legal proceedings in respect of accident and personal injury claims must be started within two years. This was an amendment brought in by the Civil Liability and Courts Act 2004. In Northern Ireland legal proceedings in accident and personal injury claims should be started within three years of the date of the accident. After the expiry of these respective periods it will generally be too late. The two / three year limit is often referred to as the limitation period. If you are in doubt you should contact us immediately. For example, your car accident may have occurred in Ireland over 2 years ago but the other driver may be from Northern Ireland. In that event we would issue Proceedings on your behalf in Northern Ireland (where the other driver resides) and thus bring your Claim within the 3 year limitation period required in Northern Ireland.

Suspension of the limitation period where the Claim has been submitted to InjuriesBoard.ie In the Republic of Ireland the limitation period issue is further complicated by the terms of the Civil Liability and Courts Act 2004 and the suspension of the limitation period where the Claim has been submitted to InjuriesBoard.ie (previously known as the Personal Injuries Assessment Board (PIAB)) This is explained in greater detail on the Compensation Claims Guide section of our website.

from a mental disability or is under 18 years of age (a minor) or cases involving diseases which take a long time to develop after the initial exposure.

If you are concerned that you may not be able to make a claim for an injury you suffered more than the respective two / three years ago or the limitation period is fast-approaching, contact us without delay. We will discuss your particular circumstances with you and we will let you know whether you are still in time to make a compensation claim.

What must I prove?

Most compensation claims are for ‘negligence’, which is when a person or organisation has not taken reasonable care when they should have done. For example, drivers have a duty to drive carefully. If you are injured because someone hasn’t driven carefully, you will be able to claim compensation. To get compensation you have to show that somebody has not taken the care they should have. Just being injured, even if it is serious, doesn’t mean that you will be able to claim compensation, because sometimes there is no one, apart from yourself, to blame.

You will have to prove that the person or organisation you are claiming from:

  • was ‘negligent’, which means they did not take reasonable care when they should have done or

  • breached a contract they have with you, which means that they have broken their side of a legally enforceable contract that you made with them or

  • did not do something the law says they should (for example, if your employer did not provide you with certain health and safety equipment you need to do your job safely)

What is meant by ‘liability’?

‘Liability’ is simply the question of who accepts responsibility for the claim. In every single claim the issue of liability must be addressed.

Liability admitted Liability admitted means that the other party’s insurers have admitted responsibility for the accident. We should then be able to recover all your reasonable losses arising from the accident.

Date of diagnosis In some circumstances the respective two / three year deadlines would start from the date the injury was identified, rather than the date the accident occurred. For example, you may only get a diagnosis of an occupational disease some years after a relevant incident which caused that disease. In this instance the deadline may be measured from the date the diagnosis was made.

Mental disability or where Claimant is under 18 years of age There are other cases where the initial two / three year limits do not apply. For instance, where the claimant is suffering

Stephanie Hannon Legal Executive

www.morganmcmanus.com

Morgan McManus appreciate your referrals

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