Personal Injury

Kevin P. Kilrane & Co. have an extensive and long established reputation for acting on behalf of clients who have suffered personal injuries whether by way of road traffic accident, work accident or otherwise. All of our solicitors practice extensively in Personal Injury Litigation. We pride ourselves on offering clients straightforward, cogent and knowledgeable advice both in relation to whether or not they have a case in terms of liability and the value or quantum of compensation to which they are entitled. Personal Injury cases range from minor whiplash to catastrophic injuries, death (Fatal Injuries) and in some cases can be psychiatric/psychological in nature e.g. the consequences of sexual abuse.

Almost all personal injury claims must first be submitted to the Personal Injuries Assessment Board (Injuries Board). PIAB was established pursuant to the PIAB Act 2003 and is designed to assess compensation/damages without having to issue Court proceedings. It is a purely paper exercise and does not involve any oral hearing. However, virtually all claims lodged to PIAB are handled by Solicitors on behalf of claimants and a significant number of pitfalls and technicalities can be fatal to a valid claim to those not experienced and familiar with the process and the law.

Once a claim is lodged to PIAB, PIAB can choose on established criteria to decline to assess a claim made and allow the claim to immediately commence in the Court system or can assess the claim, provided the Respondent (party in the wrong) consents. Should the Respondent decline to have the claim assessed e.g. liability is in issue, then the case moves into the Court system.

In an assessment by PIAB we will advise you as to whether or not the assessment of damages represents adequate compensation in the circumstances or not. It frequently, for various reasons, does not. There are many cases where the ultimate compensation is a multiple of the PIAB assessment. If the PIAB assessment is rejected, then the claim moves into the Court system and depending on its potential value will be brought in the District Court, Circuit Court or High Court. The Court procedures can be divided in two parts. Firstly, the preparation of the case which involves gathering all the necessary evidence (such as medical, engineering, actuarial, other expert reports) and exchange of pleadings (formal court documents) between the parties. Secondly, if necessary, the case is prepared for trial and a trial date obtained. At any stage without prejudice settlement discussions can take place. If no settlement is reached then the case will be decided by a Trial Judge. Each case progresses depending on its own facts.

Should you wish to instruct us with a Personal Injury case then you can be assured that we will apply our considerable experience and expertise in its preparation and presentation to achieve the best possible compensation for you.

NOTE: It is a general rule that you have two years from the date of the injury within which to bring a claim under the Statute of Limitations. However, there are several exceptions to this general rule.