PI Summons & PPO A personal injuries summons may include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and where such statement is made, the personal injuries summons shall state whether a periodic payments order is sought in respect of one or more of the following: […]
Civil Liability and Courts Act The manner in which personal injuries claims are dealt with has been radically reformed in the last 15 years. This was driven by an attempt to reduce motor insurance premium which appeared to have become abnormally high in Ireland. The 2004 reforms of personal injury legislation included increased and more specific sanctions in order to deter false and exaggerated claims. […]
Initiating Claim The Civil Liability and Courts Act made significant amendments to the procedure in respect of personal injury claim. It reduced the general Statute of Limitations limitation period in respect of personal injury claims from three years to two years. The date runs from the accrual of the claim or the date of knowledge (or deemed knowledge) of the person concerned as respect the […]
Commencement of Claim Where a claimant in a personal injuries action fails without reasonable cause, to serve a notice, before the expiration of one (two before 2019 Act) month from the date of the cause of action or as soon as practicable thereafter, on the wrongdoer or alleged wrongdoer stating the nature of the wrong alleged to have been committed, the court may draw such […]
Offer to Settle Where an offer to settle is made, before the bringing of a clinical negligence action, in respect of a claim relating to a catastrophic injury the offer to settle shall specify the proportion of the amount of the offer to settle that is attributable to— the future medical treatment of the plaintiff, the future care of the plaintiff, the provision of assistive […]
Personal Injuries Summons I There is a special High Court procedure and form of summons for a personal injury action. Personal injury includes any bodily injury, disease or impairment of a person’s physical or mental condition. A personal injuries action shall be instituted by originating summons for plenary proceedings with pleadings and a hearing on oral evidence. The summons shall be in a prescribed format […]
Personal Injuries Civil Bill A Circuit Court personal injuries action shall be instituted by an originating document which shall be in accordance with the prescribed form and shall be referred to as a personal injuries summons. The general provisions of the Circuit Court Rules which apply to a Civil Bill, apply with appropriate modifications, to a personal injuries summons. Where a claimant alleges that he […]
Personal Injury Summons I Save where otherwise provided by the rules or legislation, a District Court personal injuries summons must be filed with and issued by the Clerk assigned to the Court area in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation. It is to be heard and determined at a sitting of the Court […]
High Court & Circuit Court Rules The rules may require any party to a High Court or Circuit Court personal injuries action, to disclose to the other party or parties, without the necessity of any application to court by either party to allow such disclosure, by such time or date as may be specified in the rules, the following information, namely— any report or statement […]
Special PI Disclosure Personal injury actions are subject to special disclosure obligations. They require the exchange of the reports on the part of the party’s experts and certain other information. This obligation is in addition to the general obligation to disclose applicable and civil action. The statute and rules placed the practice of exchanging expert’s reports in personal injury actions on a statutory basis. The […]
General In compiling this document, the consultants examined representative samples from over 51,000 closed personal injuries claims from 2013 and 2014 based on actual figures from Court cases, insurance company settlements, State Claims Agency cases and Personal Injuries Assessment Board (PIAB) data. In essence, the purpose of this publication is to distil settlement and awards data in the personal injuries process in Ireland and to […]