Making a personal injury claim in Ireland: Injuries Resolution Board
If you have been injured in a road traffic accident, at work, or in a fall or other incident in a public place or on someone else's property, and another person or business was at fault, you can claim compensation for your injuries and financial losses. In Ireland almost every such claim must start with an application to the Injuries Resolution Board (formerly the Personal Injuries Assessment Board, PIAB, renamed under the Personal Injuries Resolution Board Act 2022). You cannot go straight to court; the Board must first either assess the claim or release it with an authorisation. Medical negligence claims are the main exception and go directly to court.
The Board process is designed to be cheaper and quicker than litigation. It offers mediation, or an assessment of damages based on the Personal Injuries Guidelines adopted by the Judicial Council, which replaced the Book of Quantum in 2021. If both sides accept the assessment it becomes binding; if either rejects it, you can issue court proceedings.
Time is the critical factor. The general limitation period for personal injuries is 2 years from the date of the injury or the date you first knew of it, and a properly completed Board application stops that clock. You should also notify the wrongdoer in writing within 2 months. This guide covers the steps from the accident to an assessment, mediation or court, and the mistakes that most often cost people their claim.
Key facts
Deadline
A personal injuries action must generally be brought within 2 years from the date the cause of action accrued or the date of knowledge, if later (Statute of Limitations (Amendment) Act 1991, as amended by section 7 of the Civil Liability and Courts Act 2004). Time stops running when a complete application is made to the Injuries Resolution Board and starts again 6 months after the Board issues an authorisation (section 50 of the 2003 Act). You should serve a letter of claim on the wrongdoer within 2 months of the accident, or the court may later penalise you in costs (section 8 of the 2004 Act). For children, time generally runs from their 18th birthday.
What to do
- Get medical treatment and record everything. See a GP or attend an emergency department as soon as possible after the accident, even if the injury seems minor, and tell the doctor how it happened. The medical records made at the time are the most important evidence of injury. Report a road accident to the Garda Síochána and a workplace accident to your employer (it should be entered in the accident book). Take photographs of the scene, the vehicle damage or the hazard, and your injuries; get the names and contact details of witnesses; and keep receipts for medical, travel and other expenses, plus evidence of lost earnings. Note the other driver's insurance details or the business's name and address.
- Identify who is responsible. The claim is made against the person or business at fault: the other driver (and through them the insurer), your employer for a workplace injury, or the occupier of the property where you fell. If the vehicle was uninsured or untraced, the claim is made against the Motor Insurers' Bureau of Ireland (MIBI), with its own notification rules. Check the correct legal name and address of each respondent, as you will need them for the application. Where several people may be liable, name them all; the court can apportion responsibility between them under the Civil Liability Act 1961.
- Send a letter of claim within 2 months. Section 8 of the Civil Liability and Courts Act 2004 expects you to serve written notice on the wrongdoer, stating the nature of the wrong alleged, within 2 months of the accident (or of your date of knowledge), or as soon as practicable after. A short letter is enough: date and place of the accident, what happened, why you hold them responsible, and that you are claiming compensation. Send it by registered post or email and keep proof. If you miss this deadline without reasonable cause, the court can later draw adverse inferences and reduce or refuse your legal costs.
- Prepare and submit the Injuries Resolution Board application. Apply online at injuries.ie or by post using the application form (Form A), with a medical report from your treating doctor describing the injuries, and copies of receipts for special damages. Since the 2022 Act, an application only stops the limitation clock if it is signed and includes your name, date of birth, phone number, address, PPS number, the name and address of each respondent, the date, time and place of the accident, how it happened, a description of the injuries, and the medical report (section 11(3A)). A modest application fee may be payable; check the current fee on the Board's website. Keep the Board's acknowledgment showing the date of receipt.
- Respondent's response, mediation or assessment. The Board notifies the respondent, who has a set period (currently 90 days) to consent to the Board dealing with the claim. If the respondent refuses or does not reply, the Board issues an authorisation allowing you to go to court. If it consents, you may be offered mediation through the Board under the 2022 Act, which is voluntary and confidential; a mediated settlement ends the claim. Otherwise the Board assesses damages, normally within 9 months, or later where a long-term prognosis is awaited. It may ask you to attend an independent medical examination; failing to attend without good reason can delay or end the process.
- Consider the assessment carefully. The Board's assessment covers general damages for pain and suffering, valued under the Personal Injuries Guidelines, and special damages such as medical costs and loss of earnings. You and the respondent each have a short period to accept or reject it (currently 28 days for the claimant; a failure to reply is treated as rejection). If both accept, an order to pay is made and the respondent pays, usually with a contribution towards limited costs. Compare the figure with the Guideline bracket for your main injury and take advice. If you reject an assessment and later recover no more in court, you may be refused your legal costs.
- If the claim is released, issue court proceedings in time. Once you have an authorisation, a solicitor issues a personal injuries summons in the appropriate court: the District Court for claims up to €15,000, the Circuit Court up to €60,000, and the High Court above that (check current limits). The proceedings must be issued within the limitation period, extended by the time the claim was with the Board plus 6 months. Both you and the defendant must swear verifying affidavits confirming the truth of the pleadings (section 14 of the 2004 Act), and the court can dismiss a claim in which the plaintiff knowingly gives false or misleading evidence (section 26).
- Settlement, mediation or trial. Most court claims settle, often after exchange of medical reports and a settlement meeting or mediation; under the Mediation Act 2017 your solicitor must advise you to consider mediation before issuing. At trial, the judge decides liability and applies the Personal Injuries Guidelines to value the injuries, identifying the dominant injury and uplifting the award for lesser ones. Damages are reduced in proportion to any contributory negligence on your part, such as not wearing a seat belt or not keeping a proper lookout. Costs usually follow the event, so an unsuccessful claimant can be ordered to pay the defendant's costs.
What to watch out for
- An incomplete Board application does not stop the 2-year limitation period. Missing the PPS number, respondent details or the medical report can leave you out of time even though you applied.
- Exaggerating injuries or losses can lead to the entire claim being dismissed under section 26 of the Civil Liability and Courts Act 2004, and to criminal liability for false statements.
- Posting about the accident, your activities or your recovery on social media is routinely checked by insurers and can be used to challenge the extent of your injuries.
- Accepting an early direct offer from an insurer before your injuries have settled can undervalue the claim. Once you sign a settlement and discharge, you cannot claim more if the injury worsens.
- Rejecting a Board assessment without good reason carries a costs risk: if the court awards no more than the assessment, you may not recover your legal costs.
- Contributory negligence reduces damages. In [2026] IEHC 260 a pedestrian walking on the road at night had his award reduced by 40% for failing to keep a proper lookout.
- Medical negligence claims are not dealt with by the Board. They need an expert report supporting breach of duty before issuing and are subject to the same 2-year limitation, so start early.
Legal basis
Related court decisions
Frequently asked questions
How long do I have to make a personal injury claim in Ireland?
Generally 2 years from the date of the accident, or from the date you first knew you had a significant injury caused by someone else's fault, if later. Applying to the Injuries Resolution Board with a complete application stops the clock until 6 months after the Board releases the claim. For children, the 2 years usually start on their 18th birthday.
Do I have to go to the Injuries Resolution Board first?
Yes, for almost all personal injury claims arising from road accidents, workplace accidents and public liability incidents. You cannot issue court proceedings without an authorisation from the Board, unless the claim is for medical negligence or another excluded category. Court proceedings issued without an authorisation will be struck out.
How much compensation will I get for my injury?
General damages are valued using the Personal Injuries Guidelines, which set brackets for each type of injury, for example €40,000 to €70,000 for a serious shoulder injury. Where there are several injuries, the most serious one is valued and then uplifted for the others. Special damages, such as lost earnings and medical bills, are added on top based on receipts and evidence.
How long does an Injuries Resolution Board assessment take?
The respondent has a set period, currently 90 days, to agree to the Board assessing the claim. Assessments are generally completed within about 9 months of that consent, but can take longer where the doctors need more time to give a long-term prognosis. Mediation, where both sides agree to it, can be quicker.
Do I need a solicitor for a personal injury claim?
Not for the Board application, which you can make yourself online. Many people do use a solicitor, particularly for serious injuries, disputed liability or where an assessment is likely to be rejected. Legal costs are only partly recoverable at the Board stage, so agree fees in writing; solicitors must give you a written statement of likely costs at the outset.
What is a letter of claim and when must I send it?
It is a short written notice to the person you hold responsible, stating what happened and that you are claiming compensation. Section 8 of the Civil Liability and Courts Act 2004 expects it within 2 months of the accident. Sending it late is not fatal to the claim, but the court can penalise you in costs if you had no good reason for the delay.
Can I still claim if the accident was partly my fault?
Yes. Under the Civil Liability Act 1961 your damages are reduced in proportion to your share of responsibility. In a 2026 High Court case a pedestrian walking on a road without a footpath was found 40% to blame for not keeping a proper lookout, and his award was reduced from €65,000 to €39,000.
What happens if I reject the Board's assessment?
The Board issues an authorisation and you can issue court proceedings. You must then prove liability and damages in court. If you are awarded no more than the Board assessed, the court may refuse you your legal costs, so rejecting an assessment needs a clear reason, such as new medical evidence or a significant undervaluation.
Can I claim for psychological injury after an accident?
Yes, where you have a recognised psychiatric injury, such as post-traumatic stress disorder, supported by medical evidence. The Guidelines contain brackets for PTSD and other psychiatric injuries. Distress or upset that does not amount to a diagnosed condition is not compensated on its own. Claims by relatives who witness an accident or its immediate aftermath are subject to stricter tests.
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