Many people who are involved in accidents are not aware that they must commence their Claim within 2 years. There are many who would not consider making a Civil Claim and often wait months to see if their symptoms resolve. It can often be months after the accident that an accident victim considers instructing a solicitor to make a Civil Claim in respect of their injuries, only after they have come to terms with the fact that their symptoms are not going to resolve.
But is it too late?
Under the Statute of Limitations Acts, 1957 to 1991 the claimant (accident victim) normally had 3 years from the date of an accident within which to issue proceedings in which damages are being sought for Personal Injuries. This is known as the “compensation . It is usually three years for personal injury cases in Northern Ireland and two years for personal injury cases in the Republic of Ireland and six years for other claims. After this time, you are very unlikely to be able to make a claim, although there are exceptions to this. Your solicitor will advise you about the limitation period that applies in your particular case. This is a good reason for seeing a solicitor as soon as you think you may have a claim for compensation.</p> ">limitation period”.
Before you can issue an Injuries Claim in Ireland
Since July 2004, before any Personal Injury Proceedings can be issued in any Court, you must first have:
- made a valid Application to the Personal Injuries Assessment Board.ie (known as PIAB) for compensation which has been registered by PIAB;
- obtained either a refusal
(a) by the respondent (person to be sued) to participate in a PIAB Assessment, or
(b) by the InjuriesBoard.ie to proceed to an Assessment, or
(c) by either the Applicant or the Respondent to accept the amount of a PIAB Assessment
- obtained an Authorisation document from PIAB you to issue those Proceedings.
The Statute of Limitations is suspended from the date of Registration by PIAB of your Application to PIAB for compensation until 6 months after the date of issue of the PIAB Authorisation (known as the “suspension period”).
Suspension of Limitation Period under PIAB Act 2003
Section 50 of the PIAB Act 2003 recites:
“ In reckoning any period of time for the purposes of any limitation period in relation to a relevant claim specified by the Statute of Limitations 1957 or the Statute of Limitations (Amendment) Act 1991, the period beginning on the making of an Application under section 11 in relation to the claim and ending 6 months from the date of issue of an Authorisation under, as appropriate, Section 14, 17, 32 or 36, rules under section 46(3) or Section 49 shall be disregarded.”
Don`t be caught out by the reduced Limitation Period
Under Section 7 of the Civil liability & Courts Act, 2004 the Statute of Limitations period has been reduced from 3 years to 2 years with effect from 31st March 2005.
Different from the UK and Northern Ireland
Accident victims who consult their solicitors in the UK / Northern Ireland in respect of accidents in Ireland may assume that they have 3 years to issue their Civil Claim. They may not even be aware of the necessity to file the Claim with PIAB in the first instance.
These are common mistakes.
No more simple Plenary Summonses
In the High Court, Circuit Court and District Court in Ireland, since 31st March 2005, the Claimant is obliged to issue a Personal Injury Summons which must contain the mandatory details laid down by Section 10 of the Civil and Courts Act 2004 and as much detail as a former Statement of Claim.
Instruct a solicitor in Ireland as soon as possible.
The Statute of Limitations will be strictly applied. Therefore, if you believe that you have suffered injury as a result of an accident in Ireland it is important that you instruct a solicitor immediately.
For further information on Accident / Personal Injury Claims you should contact:
Morgan McManus Solicitors
Have you read our Guides:
- The 7 immediate Steps I must take if I`m involved in a Road Traffic Accident: Morgan-McManus-7-Steps-To-Take-After-a-Car-Accident.pdf (morganmcmanus.com)
- The 7 immediate Steps I must take if I have been involved in a Workplace Accident: 7-Steps-to-Take-After-a-Workplace-Accident.pdf (morganmcmanus.com)
- Do I need a Solicitor when filing a PIAB Personal Injury Claim?: Do-I-need-a-Solicitor-when-filing-a-PIAB-Personal-Injury-Claim-FINAL.pdf (morganmcmanus.com)
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.