Ten common reasons why people don’t make personal injury claims in Ireland

4 minute read

Making a personal injury claim can be a daunting prospect for many. Misconceptions and unfounded fears often deter individuals from pursuing the compensation they rightfully deserve.

Unfortunately, the majority of those entitled to compensation following an accident that was not their fault, do not initiate a claim, or even seek legal advice.

This is a barrier to justice.

Below, we debunk ten common reasons that might hold someone back from making a claim in Ireland, with the aim of providing some clarity and reassurance.

1. “I’m Worried It Will Cost Too Much”

Concerns about the expense of legal advice for personal injury claims are common. However, most solicitors offer a free initial consultation to discuss the merits of your case.

Successful outcomes usually mean the client will not incur costs. Various funding options exist for personal injury cases. A solicitor will detail all options during the initial consultation.

2. “I Didn’t Think My Injury Was Serious Enough”

Underestimating the severity of an injury and its impact is common. Irish law considers not only immediate physical harm but also long-term effects and damages such as loss of income. Consulting with a solicitor can help you understand the full scope of your entitlements.

3. “I’m Concerned About Taking My Employer to Court”

The fear of repercussions at work is significant if the accident happens in the workplace. However, Irish legislation protects employees’ rights to claim compensation for workplace injuries. A claim is against the employer’s insurance, not the individual employer, and safeguards are in place to prevent unfair treatment or dismissal as a result of making a claim.

4. “The Paperwork and Process Seem Overwhelming”

The legal process can appear intimidating, but solicitors are skilled at navigating these waters. They will manage the paperwork and procedures, making the process as smooth and understandable as possible whilst keeping you informed at every stage.

5. “I Was Told I Have Plenty of Time to Claim”

Misinformation about the timeframe for making a claim can lead to missed opportunities. The statute of limitations in Ireland generally allows two years from the incident or discovery of the injury to make a claim, emphasising the importance of acting promptly.

To learn more about the personal injury limitation period, read: How long do I have to make a personal injury claim in Ireland?

6. “I’m Afraid of Going to Court”

Many people fear the courtroom, but the reality is that most personal injury claims are settled out of court. Skilled solicitors negotiate on your behalf to reach a satisfactory settlement without the need for a hearing, reducing stress and uncertainty.

If the matter does necessitate a hearing, rest assured that your solicitor and counsel will be thoroughly prepared.

7. “I Was Partly to Blame for the Accident”

The concept of contributory negligence may reduce the compensation amount but doesn’t eliminate the possibility of making a successful claim. An expert solicitor can advise on how partial responsibility affects your case, ensuring you still pursue what you’re entitled to.

You can learn more about contributory negligence by reading: Can I claim if the accident was partially my fault?

8. “I Don’t Want to Deal with the Stress”

The thought of engaging in a legal battle is understandably stressful. However, solicitors aim to handle the bulk of the process, providing support and making your claim as stress-free as possible, allowing you to focus on recovery.

9, “I’ve Heard It Takes Years to Settle”

While some cases are complex, many are resolved much quicker than expected. Your solicitor will work diligently to expedite the resolution of your claim, striving for a timely and fair outcome.

If a complex matter involving a serious injury such as a brain injury takes a long time to conclude, it is often for good reason. Catastrophic injury claims require a great deal of care and expertise. However, it is not uncommon for interim payments to be awarded. This is an amount of money that is paid before the total amount of money owed is decided.

10. “I Don’t Want to Contribute to Compensation Culture”

Concerns about contributing to a so-called ‘compensation culture’ can be a barrier. It’s important to remember that legitimate claims promote accountability and safety standards, benefiting society as a whole.

Despite some insurers, lobbyists and media outlets raising the issue often, the compensation culture myth has been thoroughly debunked many times over. In the UK & Ireland, less than half of the people entitled to pursue personal injury compensation will do so, despite the suffering they went through.

Speak with a personal injury solicitor

If these misconceptions have held you back, it’s time to reconsider. At Augustus Cullen Law, we’re dedicated to guiding you through the personal injury claims process with expertise, care and transparency.

Contact Us to arrange an initial consultation.

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