Dear Claudine,

Two weeks ago I was in a Restaurant when I tripped and fell on my right hand. I was extremely upset and was taken by ambulance to Tallaght Hospital. I have had no contact with the owner of the Restaurant despite leaving my contact details with a member of his staff. I broke two fingers which has prevented me working and I cannot complete my daily responsibilities. I am regularly in a lot of pain and my hand is extremely swollen. I have never been involved in an accident before and have no idea how I would take a case for my injuries. I would appreciate your advice.

Thank you,

Bridget

Dear Bridget,

Thank you very much for your letter. I can only appreciate the significant impact this accident has had on your health and well-being and I sincerely hope that in time you will go on to make a full recovery. From your letter, it certainly appears that you have a claim for personal injuries against the owner of the Restaurant. Generally, you have only two years from the date of the accident within which to make a claim, though this may be extended in exceptional circumstances. All personal injury claims must be submitted to the Injuries Board. There is an Application form which can be downloaded from the Injuries Board website. You are required to insert your name and contact details together with a brief summary of how the accident occurred. A medical report will have to be obtained from the Hospital specifically detailing your injuries. The completed Application form together with the medical report and the Application fee of €45.00 should be sent to the Injuries Board. Your claim will be against the proprietor of the Restaurant known as the Respondent. The Board may also require you to attend for a medical examination in order to assess your injuries. Generally, the Injuries Board will make an assessment of compensation within nine months of the date it receives the Respondents consent. The Board also calculates the amount of out-of-pocket expenses incurred by you such as Hospital/GP expenses, prescription fees, physiotherapy expenses and/or any loss of earnings incurred by you. The Injuries Board may decide not to assess your case if they believe that it would be inappropriate to do so due to the complexity of the issues involved. Alternatively, the Respondent and/or you may also object to the Board assessing the case and in such circumstances, the Board may issue an Authorisation authorising you to proceed with your claim through the Courts. It is prudent to instruct a Solicitor to act on your behalf in personal injuries actions. Also, if the Board issues an Authorisation then Legal Proceedings must be issued within six months of the date of the issue of the Authorisation or within two years from the date of the accident, whichever is the latter. It is important to ensure that the medical report from the Hospital clearly identifies all of your injuries in order for your solicitor to advice you in relation to the amount of compensation which would generally be payable and if an Authorisation issues, for your solicitor to decide which Court jurisdiction is appropriate for your case in light of the injuries which you have sustained.

I hope that the above is of assistance to you and if I can clarify anything further for you, then please do not hesitate to contact me.

With Every Good Wish.

Claudine