Changes to Personal Injury Cases

Changes to Personal Injury Cases

CHANGES TO PERSONAL INJURY CASES**

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If you have had an accident, be it a road traffic accident, workplace accident, slip trip or fall, there has always been an obliged on you to serve a letter of claim on the responsible party, setting out the cause of your action and details of the injury suffered by you.

Up until now a Plaintiff had a period of two months from the date of their accident to serve this letter, however failure to serve it within the two-month period generally did not cause any problems in the running of a case.

A new section of legislation has been enacted, namely Section 13 of the Central Bank (National Claims Information Database) Act 2018, which took effect from the 28th of January 2019, from that date any Plaintiff who wishes to bring personal injury proceeding must serve a letter of claim within the shorter period of one month from the date of the accident. If they fail to do so and the case is ultimately heard by a Judge, then that Judge “shall” draw such inferences as appear proper and either refuse to award legal costs to the Plaintiff or reduce the costs, where the interests of justice so require.

So therefore, any person intending to bring a personal injury action must immediately make contact with their Solicitor following the accident, otherwise, it is mandatory for the trial Judge to impose adverse consequences on the Plaintiff.

If you have suffered a personal injury please contact us at McElhinney & Associates, contact us at McElhinney & Associates, Drumboe Lodge, Stranorlar, Co. Donegal on 074 91 75989 or admin@mcelhinneyassociates.com

 

*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement

**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.