Personal Injury* - Tracey Solicitors LLP (2024)

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Personal Injury* Solicitors – Dublin & Nationwide

If you have suffered an injury or illness that has been caused by someone else’s negligence, you may be entitled to compensation.

Tell Us About Your Case

We’re here to help. Call us today on+353 1 649 9900

What is Personal Injury?

Personal injury is the legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence. If you have suffered in these circ*mstances, you may be able to make a personal injury claim.

What type of personal injuries can I claim for?

An injury of any kind can affect your quality of life. Being out of work as a result of this injury may also affect your monthly household income. Personal injury accidents can occur when we least expect it. They could happen on the road, at work or in a public place. Our specialist personal injury solicitors are here to make the process easier for you and your family.

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Road Traffic Accidents*

Being involved in an accident as a driver, passenger or pedestrian can be a traumatic experience.

MOST VISITED
  • Car Accident Claims*
  • Bicycle Accident Claims*
  • Bus Accident Claims*
  • Motorcycle Accident Claims*

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Accidents at Work*

As an employee who has suffered an injury at work, you may be entitled to pursue legal action.

MOST VISITED
  • Waiter and Waitress Accident Claims*
  • Building Site Accident Claims*
  • Farm Accident Claims*
  • Warehouse Accident Claims*

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Accidents in a Public Place*

Some accidents can be attributed to the negligence of the persons responsible for an area.

MOST VISITED
  • Council or Local Authority Accident Claims*
  • Supermarket Accident Claims*
  • Pub or Bar Accident Claims*
  • Childcare Accident Claims*

Learn More

We Look After Your Case

Over the past 35+ years, Tracey Solicitors LLP have built a team and process to support people in Ireland who have been involved in accidents. This allows you to focus on your recovery, while we look after your case. Ourteam of solicitors and legal executives will take the time to explain the process to you in detail, in language that you can understand, free of jargon, and we’ll help you each step of the way.

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What injury did you suffer?

Being injured or made ill, through someone else’s negligence, can happen in many different ways. From shoulder and arm injuries, to occupational and even psychological injuries, we can help you with your personal injury claim.

View More Injuries

MOST VISITED

  • Crushed Arm or Hand Injury Claims*
  • Achilles Tendon Injury Claims*
  • Cubital Tunnel Syndrome Claims*
  • Occupational Asthma Claims*

How do I make a personal injury claim in Ireland?

The majority of claims do not start in court. Generally, they are required by law to start with theInjuries Board— with the exception ofMedical Negligence, some assault cases and some cases where the injury is wholly psychological. Many people who apply to the Injuries Board do so with the help of a solicitor. This ensures that the process runs as smoothly as possible from gathering of documents, medical reports and evidence to submission of the application to consideration of the Injuries Board compensation suggestion.

If you’ve been involved in an accident, the Injuries Board claims process generally consists of these steps:

  1. Speak with a solicitor

    To start the process, you will need to provide the following information to your solicitor:

    • Details of the accident
    • Details of the injury along with any evidence (photographs)
    • Details of any previous injuries, medical conditions, accidents, claims
    • Details of any expenses incurred as a result of the accident (medical bills, etc.)
    • CCTV footage, where applicable (Your solicitor can acquire this for you)
    • Details/Description of the person at fault
  2. Solicitor obtains a medical report

    One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.

  3. Solicitor prepares the Injuries Board application

    Once your solicitor has gathered all information necessary, they will complete and submit the Injuries Board application form (Injures Board Form A) for you. Once submitted, the Personal Injuries Assessment Board will acknowledge receipt of this and will notify the person at fault of your claim. A copy of the application form and medical report will also be issued to the person at fault at this stage. Once submitted, the two year time limit clock will stop while your claim is being assessed.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone01 649 9900where you can speak with a member of our team straight away, or emailask@traceysolicitors.ie to tell us about your case.

Useful Links

  • Compensation Claims Estimator
  • No Win No Fee Explained
  • The Injuries Board
  • The Judicial Council’s Personal Injury Guidelines

What are the Legal Time Limits?

Formally known as the Statute of Limitations, the legal time limit for a personal injury claim is usually two years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date.

Forchildren who have suffered an injury, the process works a little differently. A minor cannot bring a claim forward themselves. On their 18th birthday, the clock starts at their two year time limit to make their claim. Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child immediately after the accident. This is generally a more favourable option. As making the claim sooner rather than later means that it is easier to source reliable evidence to strengthen the child’s case.

Important to note is that once the application to the Injuries Board is submitted, the clock stops on the two year time limit while they assess the claim.

Learn more about Time Limits

Assessment & Offer

Injury Claim Assessment

Upon assessment of your claim, the Injuries Board will look at past personal injury cases and injuries similar to yours to determine how much compensation they will suggest. They do this by referring to the Judicial Council’s personal injury guidelines. These personal injury guidelines are used by PIAB and the Courts to enable them to ensure consistency in the awards of monetary damages in successful personal injuries claims. Use our compensation estimator to get an insight into how much you may be awarded for your injury.

Consideration of Injuries Board Offer

Having reviewed your claim, the Injuries Board will revert back to you with a suggested compensation amount. This would be then paid to you by the party at fault. You will then need to consider whether to agree to this or not. At this time, your solicitor will be able to advise you on the best route forward, but ultimately it will be your decision whether to accept this first offer or not.

  1. Possible Outcomes

    There are two possible outcomes from this stage:

    a. Both you and the party at fault accept the Injuries Board suggested settlement amount. The party at fault would be then ordered to pay this amount to you.

    b. Either you or the party at fault does not accept the suggested settlement amount. Then you would move to issue court proceedings against the person at fault for your accident/injury.

  2. Time Limit to Accept or Reject the Award

    Once a suggested award has come through, the person making the claim (the claimant) has 28 days to accept or reject the offer. The respondent (the person whom the claim is made against) has 21 days to accept or reject the offer made by the Injuries Board. It is important to note is that should the person making the claim fails to respond to the offer in 28 days, it will automatically be deemed to be rejected in the eyes of the Injuries Board.

  3. Effect of Accepting the Award

    Should both parties accept the award suggested by the Injuries Board, then the Injuries will issue an order to the person at fault to pay the settlement amount. Once this happens and the monies are paid over, the case is then deemed to be settled – full and final settlement, meaning that the person making the claim cannot return at a later date seeking further compensation.

  4. Effect of Rejecting the Award

    If one of the parties involved rejects the settlement suggestion by the Injuries Board the case will move to the next stage of the process, i.e. legal proceedings to move the case to court for a judge to decide the outcome. At this stage, you will work with your solicitor and they will issue legal proceedings to move the case along.

Settlement Outside of Court

The majority of personal injury cases will settle outside of court.The reality is that if you move past the Injuries Board stage to legal proceedings that you will not have to step foot into a courtroom.

Before the hearing, settlement meetings may be arranged, meaning that you would meet with your legal team – Solicitor and Barrister – to start these talks. At the meetings, your legal team will communicate with the other side on your behalf, all the while keeping you up to date and informed of the progress and any updated settlement offers. Your legal team may come to an acceptable conclusion for you at these meetings if so, your case will then be concluded in full and final settlement there and then. If settlement talks do not result in an acceptable settlement amount, then your case will move to a court hearing where a Judge will make the final decision on your case.

Calculation of Damages

In a personal injury case involving an accident where you have suffered an injury, property damage or another kind of loss, as the injured party you can seek to claim for those losses. The best way to do so is to speak with a personal injury solicitor about your case. The losses the injured party incurs are called ‘damages’.

  1. General Damages

    General damages are classed as non-monetary losses, like physical pain and suffering or mental/physiological pain and suffering.

  2. Special Damages

    Special damages are out of pocket monetary expenses incurred as a result of the accident, usually comprised of things such as:

    • Medical Expenses – medical care and future medical care costs including costs of attending doctors, cost of medication, hospital bills, cost of x-ray, MRI, or treatments such as physiotherapy.
    • Travel Expenses – any travel costs directly related to the accident/injury, such as taxi fares, public transport to and from the hospital, or car parking.
    • Loss of Earnings – a calculation will be made as to how much earnings you have lost as a result of being out of work due to the injury, as well as any future loss of earnings. These will also be calculated and included in the final amount.

    Learn more about Special Damages

  3. Loss of Amenity

    Loss of Amenity refers to the effect on a person’s enjoyment or quality of life or to a person’s failure to carry out a task that they were once able to do. It illustrates the non-financial impact that a personal injury has on a person’s work, family and social life. Loss of amenity takes into consideration all resulting restrictions that the injury has forced on a person through no fault of their own.

  4. Material Damages

    Material damages refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

The consequences of the same injury or illness will vary between individuals. So the amount of compensation you could receive will be personal to you. Our personal injury solicitors are experienced in accurately valuing claims based on your particular circ*mstances, to ensure you get the compensation you deserve.

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Need Help? Just Ask.

We use our expert knowledge and over 35 years of experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on+353 1 649 9900orcontact us online.

Assisting your Solicitor

In order for a solicitor to advise you on your accident and whether you may be entitled to make a claim, when bringing the claim to a solicitor, include all facts surrounding the accident. Even the facts that you may think are not as important. Also remember to include things like how the accident happened, what exactly you were doing at the time, who was involved and who witnessed the accident.

The following pieces of information are important for you to bring with you, where possible when you start the claims process with your solicitor:

  • A detailed description of the accident and how it happened.
  • Pictures of the scene of the accident to show how it happened.
  • Specific time and date of the accident.
  • Was there any CCTV in operation where your accident happened? Your solicitor can request the owner of the CCTV to send over the recordings.
  • Witness Details – was there any witnesses to the accident?
  • Medical Reports – if you have copies of them to hand, if not your solicitor can request these from your doctor.
  • Details of Loss of Earnings – how much wages have you lost as a result of the accident?
  • Details of Medical History – did you have any medical conditions before the accident occurred?
  • Claims History Details – have you made any personal injury claims in the past? Details of the party at fault for your accident. – it is of the utmost importance that you have the correct party identified when making a claim.
  • A list of any expenses you incur as a result of the accident (for example, medical costs, travel costs, home care costs or any other costs involved).

What Our Clients Say

We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.

My wife used the services of the office twice. Very friendly service, competent staff. She was always informed on a regular basis about the course of the case and obtained answers to all questions.
Highly recommend! Professional service, efficiency in operation and a nice and competent team. Correspondence at the highest level both in Polish and English.
I was regularly informed about progress on my case. Excellent contact with the Polish team throughout.

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About Tracey Solicitors LLP

We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

Or you can fill out our contact form and we'll call you back.

Tell Us About Your Case

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Personal Injury* - Tracey Solicitors LLP (2024)

FAQs

What is the compensation for personal injury? ›

There are two parts to a personal injury compensation settlement: General Damages – to compensate you for your injury and for your pain and suffering. Special Damages – to compensate you for any expenses you've incurred, loss of earnings, and your future care needs.

How much compensation can you get for a back injury? ›

If you have suffered a back, neck or spinal cord injury, the amount of compensation you can claim will depend on the severity of the injury itself, as well as the impact it has on your life, finances and ability to work.

How much compensation do you get for a soft tissue injury? ›

Soft Tissue Injury Compensation Tables
Soft Tissue InjuryCompensation Amount
Strains, sprains, and soft tissue injuries (moderate)£4,080 to £6,920
Strains, sprains, and soft tissue injuries (severe)£6,920 to £11,840
Simple tibia/fibula fracture or soft tissue injury that fully recoversUp to £11,840
5 more rows

What is the average payout for back injury in Ireland? ›

Moderate Back Injuries: In cases involving ligament or muscle disturbance causing backache and the possibility of surgery, the compensation might range from €20,000 to €34,000. Severe Back Injuries: For serious injuries leading to chronic conditions or significant disabilities, the compensation can exceed €100,000.

What is the average payout for a personal injury claim USA? ›

An average personal injury settlement amount is anywhere between $3,000 and $75,000. Be careful when using an average personal injury settlement calculator to give you an idea of what you may stand to collect. These numbers really depend on your individual case and are hard to predict without a professional.

What type of compensatory damages will pay for pain and suffering? ›

General Compensatory Damages:

General compensatory damages are awarded to an injured person to compensate for the harms that cannot be measured exactly in monetary terms. They cover pain and suffering, mental anguish and loss of consortium or companionship. How is the monetary value of these calculated?

How much should I settle for a lower back injury? ›

Average back injury settlements can range anywhere from $20,000 – $50,000; however, in severe cases, it is not uncommon for settlements to be within the $100,000 – $500,000 range, especially if spinal cord injuries were sustained.

How much can you get for a lower back injury? ›

The amount of money available if you hurt your back at work depends on many factors including whether you settle your workers' comp claim and the extent of the injuries you sustained. The average settlement for a back injury claim has been found to be between $20,000 and $25,000 based on survey data.

How much can you get for back pain? ›

What's The Average Payout For A Back Injury At Work?
InjurySeverityCompensation
Back InjuryMildUp to £15,260
Back InjuryModerate to Severe£15,260 - £47,320
Back InjurySevere£47,320 - £196,450

How much compensation for stress and anxiety? ›

Psychological Injuries And Anxiety Compensation Calculator
InjurySeverityCompensation Bracket
Psychiatric Injury (Generally)Moderately Severe£19,070 to £54,830
Psychiatric Injury (Generally)Moderate£5,860 to £19,070
Psychiatric Injury (Generally)Less Severe£1,540 to £5,860
PTSDSevere£59,860 to £100,670
5 more rows
Feb 27, 2024

What amount of compensation can I expect? ›

It's not possible to predict precisely how much compensation you will receive for your claim. It's common for people to think certain injuries automatically attract a specific amount, but when you make a claim your personal suffering, pain, recovery time and any financial impact are all taken into account.

What are knee injuries worth in settlement? ›

The average compensation payout for a knee injury in a personal injury case is between $70,000 to $150,000. The more serious knee injuries can have much higher than average settlement values.

How much is back pain worth? ›

Depending on the severity of your injury and how your life is impacted, average back injury settlements can range from $10,000 to $100,000. A back injury settlement can also be lower or higher than this, with some cases being resolved in the millions of dollars.

How much compensation do you get for a bulging disc? ›

How Much is a Bulging Disc Injury Worth in a Lawsuit? The average settlement value for a bulging disc in a personal injury lawsuit is about $15,000 to $30,000. The median jury award in bulging disc cases is $31,000. Bulging disc cases have a lower average settlement value than herniated disc cases.

Is a back injury a permanent disability? ›

The soft tissue gets stretched beyond its capacity and sometimes tears. Some injuries can cause permanent disability, like complete spinal cord injuries. Others may require the testimony of expert witnesses to make an insurance company or a judge or jury understand how your injury affects your everyday life.

What is the formula for personal injury settlements? ›

The Damages Formula

The adjuster will multiply the medical special damages number by one and a half to three times if the injury is minor and up to five or more times if the injury is especially deliberating and long-term. After this number is calculated, any income lost as a result of the injury will be added.

How do you get paid when injured? ›

After being injured at work, you have the right to seek benefits from your employer's workers' compensation insurance. While workers' comp may not pay the full amount you were making before, it should cover a portion of your weekly pay, and you may be able to seek higher compensation through a settlement.

What is a compensation amount? ›

In the workplace, compensation is what is earned by employees. It includes salary or wages in addition to commission and any incentives or perks that come with the given employee's position.

What can you get compensation for? ›

Compensation
  • personal injury.
  • losses from theft or damage to property.
  • losses from fraud.
  • being off work.
  • medical expenses.
  • travel expenses.
  • pain and suffering.
  • loss, damage or injury caused to or by a stolen vehicle.
Dec 6, 2023

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