Injury Claims And Limitations

Well here is an interesting question “things to know about claiming” in Personal Injury and Medical Negligence!

Let us deal with Personal Injury claims first. The first thing you have to prove is that it was not your fault that you were involved in an accident, whether it be a road traffic accident, a slip or fall or a work accident or injury. That means that you have to prove negligence on the part of a third party and that is sometimes not easy.

The statute of limitations is that you must make a claim in most cases within two years of the accident, unless you are a minor (under the age of 18) in which case you have up to the age of 18 and again 2 more years to make a claim.

Nearly all claims have to go through the Injuries Board for a recommendation of the outcome. The recommendation takes normally between eight and eighteen months to be handed down. You do not need a Personal Injury solicitor to file a claim with the Injuries Board, but there are good reasons why you should use an experience personal Injury solicitor. Firstly if there is any error in the paperwork the injuries Board will not inform you until the recommendation is issued and then it may be too late to start over again. The recommendation is exactly that and neither you or the insurance company against your claim is bound by it. In those circumstances you will need a Personal Injury solicitor from the start.

The Medical profession on the whole do a fine job. They are bound by a duty of care to their patients but when that is not the case you have a situation of Medical Negligence. Again the statute is two years, except for minors, from the time you found out the there was a problem. These claims do not go through the Injuries Board and consequently they may go on for a few years before being settled.