Do I Have a Personal Injury Claim in Ireland? (2026)

Been in an accident that wasn’t your fault? Before you spend time and money on a claim, the first question to answer is a simple one: do you actually have a case? In Ireland, a personal injury claim only succeeds if it meets a specific legal test. This plain-English guide walks you through that test, the strict time limits, and how to check whether your situation stacks up — so you can decide your next step with confidence.

What counts as a personal injury claim in Ireland?

A personal injury claim is a request for compensation when you have been hurt — physically or psychologically — because someone else failed to take reasonable care. The most common examples are road traffic accidents, accidents at work, and public liability incidents such as a slip, trip or fall in a shop or on a footpath.

Compensation typically covers two things: general damages (for pain, suffering and the impact on your life) and special damages (measurable financial losses such as medical bills, lost earnings and travel costs). But none of that is available unless you can show the accident was legally someone else’s fault.

The four-part legal test: do you have a valid claim?

To succeed in a negligence claim, you generally need to establish four elements. If any one is missing, the claim usually fails.

1. Duty of care

The other party must have owed you a duty to take reasonable care. This is usually straightforward: every road user owes a duty to others, every employer owes a duty to employees, and an occupier of premises owes a duty to lawful visitors.

2. Breach of that duty

You must show the other party fell below the standard of a reasonably careful person in their position — for example, a driver who ran a red light, or an employer who failed to provide safe equipment or training. Irish courts measure this against what an ordinary prudent person, or a competent professional, would have done in the same situation.

3. Causation

The breach must have actually caused your injury. The usual test is the “but for” test: but for the other party’s carelessness, would you have been injured? Causation is the point where many enquiries fall down, so this element often needs medical and factual evidence to prove.

4. Actual harm

You must have suffered a genuine, diagnosable injury or a measurable financial loss. A near miss, a fright with no lasting effect, or simple annoyance does not meet the threshold — even where the other party was clearly careless.

Is there a time limit? (Yes — and it’s strict)

In most cases you have two years less one day from the date of the accident to bring a claim, under the Statute of Limitations (Amendment) Act 1991. Where an injury only becomes apparent later, the clock can run from your “date of knowledge” — the point at which you knew, or ought reasonably to have known, that you had a significant injury caused by someone else.

Special rules apply for children: the two-year period generally does not start until an injured child turns 18, so a claim can usually be brought up to their 20th birthday. If you miss the deadline, your right to claim is normally lost entirely, so it is wise to act early.

Who do you claim against?

You claim against the person or organisation legally responsible — in practice, usually their insurer. For a road traffic accident that is typically the other driver’s motor insurer; for a workplace accident, your employer’s liability insurer; for a slip or fall, the occupier’s public liability insurer. If the responsible driver was uninsured or untraced, the Motor Insurers’ Bureau of Ireland (MIBI) may deal with the claim instead.

How claims are actually processed: the Injuries Resolution Board

Almost all personal injury claims in Ireland (medical negligence is the main exception) must first go to the Injuries Resolution Board — the body formerly known as PIAB, renamed in December 2023 to reflect its expanded mediation role. The Board provides an independent assessment of your claim without the need for a full court case. Submitting a complete application also pauses the two-year clock while your claim is being assessed.

If you would like a step-by-step walk-through of that stage, see our companion guide, How to Make a Personal Injury Claim in Ireland: The Injuries Resolution Board Process Explained.

How much might a claim be worth?

General damages are assessed using the Personal Injuries Guidelines adopted by the Judicial Council, which have applied since 24 April 2021 and replaced the older Book of Quantum. The Guidelines set brackets for different injuries based on severity and recovery time. A proposed 16.7% increase to award values was not brought into force by the Government, so the 2021 Guidelines remain the framework used by the Board and the courts. Your special damages (vouched financial losses) are added on top. Because every case turns on its own medical evidence, a solicitor-reviewed assessment is the reliable way to gauge value.

Signs you may have a strong claim — and signs you may not

Your case is generally stronger where fault is clear, your injury is documented by a doctor, you reported the incident at the time, and you are still within the time limit. It may be weaker where you were largely responsible yourself, where there is little evidence linking the injury to the accident, or where the deadline has passed. Note that partial fault does not always end a claim — under contributory negligence rules, compensation can instead be reduced to reflect your share of the blame.

Not sure where you stand? Get it checked

The quickest way to know whether you have a claim is a professional review of the facts. Our fixed-fee, solicitor-reviewed assessments cover the most common scenarios, including Road Traffic Accident Claim Assessment and Public Liability / Slip-Trip-Fall Claim Assessment. You can browse all options on our Personal Injury services page.

Frequently asked questions

Do I need a solicitor to make a personal injury claim?

You are not legally required to use one, and you can apply to the Injuries Resolution Board yourself. However, the legal test, evidence and valuation can be complex, so many people choose a solicitor-reviewed assessment before deciding how to proceed.

How long do I have to make a claim?

Usually two years less one day from the accident or your date of knowledge. For children, the period generally runs from their 18th birthday. Missing the deadline normally ends the claim.

What if the accident was partly my fault?

You may still be able to claim. Under contributory negligence, any award can be reduced in proportion to your share of the responsibility rather than refused outright.

How much does it cost to find out if I have a claim?

An initial solicitor-reviewed assessment is available for a fixed fee, so you know where you stand before committing to a full claim.

This article is general information about Irish law and is not legal advice. Every situation is different. For advice on your own circumstances, please book a consultation with a qualified Irish solicitor. Reviewed for general accuracy against current Irish sources; last updated July 2026.