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Accident Claims

Accident Claims 

How do I know if I have a good case?

To have a good compensation claim a person must show that another party was at fault for an accident or incident.  We can provide you with advice, without obligation, on whether you have a good compensation claim or not.

Do I need to visit your office in person?

There is no need for you to visit our office in person although we are happy to see clients in our office as often as is necessary.  Appointments out of normal working hours are always available.  Alternatively, if more convenient, we are happy to process your claim over the phone and/or by email

Read our TEN COMMON MISCONCEPTIONS ABOUT PERSONAL INJURY LAW

What if my injuries are psychological and not physical?

You are entitled to compensation both for psychological (provide the injury amounts to a recognised physchological condition) and physical injuries, however all injuries must be treated by an appropriately qualified  medical doctor or consultant who must diagnose the psychological injury and confirm that it was caused by the accident.  A person suffering from a pre-existing psychological complaint is also entitled to bring a compensation claim if it can be shown that the accident caused an exacerbation of that prior complaint.

Is my compensation taxable?

There is no tax payable on awards of compensation.

What is the Injuries Board?

The Injuries Board is a state body established by the Irish Government to process most types of compensation claims.  It is no longer possible to issue court proceedings unless your compensation claim is first processed with the Injuries Board.  The procedure involves the Board assessing the claim to establish the extent of the injury.  The Board then communicates with the party who caused the accident to see if they accept responsibility for the accident.  If the other party accepts responsibility the Board will then assess the case and make an award of compensation.  Once the award is made it is then a matter for both the responsible party and the claimant to decide whether or not to accept the compensation award.  If the award is rejected by either party the case can then proceed to be decided in court.

How much compensation will I receive?

The amount of compensation entirely depends upon the nature, extent and severity of the injury.  The level of compensation is designed to compensate the injured party for the amount of pain and suffering which they have endured.  Awards will also take into account additional items such as medical expenses, past loss of earnings and loss of earnings into the future.

How much will it cost?

Compensation claims are generally concluded at one of three different stages.  For minor and straightforward injuries the claim can be settled within a few months of the injury.  In such cases the fee charged depends on the time spent on the case and the nature and extent of the injuries.  If a claim cannot be settled in this way it proceeds to the second stage – a formal compensation claim is made to the Injuries Board.  This is the government agency that deals with compensation claims.  If an assessment is made by the Injuries Board which results in the conclusion of the case, fees are paid from this award and again the fees depend on the nature and complexity of the case and the extent of the injuries.  The third stage involves issuing court proceedings for compensation.  If the case is settled or if an award of compensation is made by a court the legal fees are generally paid by the party who is responsible for the accident.  Again, the extent of those fees depends upon the time involved in the case and the nature and extent of the injuries.  In some cases, a client may also be required to make a contribution towards fees if the court award for legal costs is insufficient to discharge the full legal costs of the case.

How soon must I act?

Although there are several exceptions to the rule, generally, a compensation claim must be made within two years from the date of the accident.  We recommend that compensation claims are filed as soon as possible to avoid the claim from becoming statute barred.  Once a claim becomes statute barred, after two years from the date of the accident, no claim for compensation can be made.

Why should I choose Dermot McNamara & Company?

We are a firm of Solicitors with more than twenty five years experience in dealing with personal injury claims.  Your claim will be handled by a qualified Solicitor (not a Legal Executive or other support staff) and we are regulated by the Incorporated Law Society of Ireland.  We are one of a small number firms of Solicitors in Ireland who have been awarded the ISO 9001: 2008 Quality Mark which is independent proof of the quality and efficiency of the service that we provide in compensation claims.

Types of Claims

Accidents at Work
Road Traffic Accidents
Medical Negligence
Fatal Accidents
Overseas / Holiday Accidents
Slips, Trips and Falls
Supermarket /Shopping Centre Accidents
Aviation & Maritime Accidents
Garda Compensation Cases
Industrial Diseases

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