Going to court with a medical negligence or a personal injury claim* is sometimes necessary in Ireland. You may not want to go to court, but if it is your only option, then you should take it.

You may need to go to court if the other side denies liability for the personal injury or the injury due to medical negligence.

You could take a personal injury and a medical negligence claim* to court if you are not happy with the level of compensation offered.

PBN Litigation Solicitors in Dublin will be with you if you need to take a compensation claim to court.

Why would I take a personal injury claim* or a medical negligence claim* to court?

You would take a personal injury claim* or a medical negligence claim* to court when you are unhappy with the outcome of your compensation claim to date.

In Ireland, you have a right to take a compensation claim to court, but you should also take the advice of a personal injury solicitor or a medical negligence solicitor before you do.

Reasons for taking a compensation claim to court in Ireland:

  • The other party does not engage with the compensation process
  • The other party does not pay the compensation due
  • An award from the Injuries Board is not high enough
  • Your medical negligence claim* is for more than €60,000
  • The Injuries Board cannot resolve your claim
  • The State Claims agency cannot resolve your medical negligence claim*

Going to court can take time, and you may need to appear as a witness. When you go to court with a personal injury claim* or a medical negligence claim*, you may be liable for costs if you do not win.

Going to court can also see you receiving substantial compensation, and your costs can be paid by the other side of the claim.

PBN Litigation Solicitors can advise you on taking a compensation claim to court. Our team of legal experts knows how to manage a personal injury or medical negligence claim* through the courts.

How do I take a personal injury or a medical negligence claim* to court?

You take a compensation claim through the courts by following a few simple steps. When you are unhappy with how a personal injury or medical negligence claim* is going, then the next step may well be the court.

Winning a personal injury claim* or medical negligence claim* in court is all about how you approach the case.

It may seem obvious, but having the right solicitor take your claim should be the priority as your first step in the process.

Ask for an experienced solicitor who has won claims cases in the court and knows how to advise you through the court hearings.

Submitting a personal injury summons to the relevant Court office is how you start the process of taking a personal injury claim* to court.

In the summons, you will have to submit all your evidence in the claim and any new evidence you may be using for the case in court.

You will also need to attach the certificate of authorisation from the Injuries Board stating that they allow the case to go to the courts.

Once you have your summons issued from the Court office, your solicitor then issues the summons on the other party the defendants in the personal injury claim*.

Only by issuing it to their Ssolicitor can you let them know that the case is now going to court.

You have one year to issue the summons on the defendant, they then have eight days to respond and have eight weeks from issuing their response to present their defence case.

Taking the step of starting the personal injury process in the court is a big one for you.

Now it is getting serious, and the defendant has to face the music.

Both sides in the claim will exchange documents and lay out their side of the case.

In some cases, the other side does not respond, and you can proceed through the court; they will have to accept the judgment.

In most cases, both sides in a personal injury claim* negotiate their case through their solicitors; an agreement can be reached this way without the expense of going to court.

If all negotiations fail, you can then take the next step of going to court with the personal injury claim*.

The judge will hear from both sides of the case and take all the presented documents into account. The court will also hear from expert witnesses, usually from both sides, and a case may last several days.

When the case is finished, the judge will make their decision. They can:

  • Award you compensation for the injury
  • Deny your case and judge in favour of the defendant
  • Look for more information before deciding the outcome of the case

Your solicitor will be with you and represent you throughout the court process. They can advise you on how and when to settle if they think you should at any stage.

PBN Litigation Solicitors has the experience to look after you when taking an injury claim to court.

Make a Personal Injury Claim Today

Make a personal injury claim* or a medical negligence claim* today by contacting PBN Litigation Solicitors in Dublin.

The experience of PBN Litigation Solicitors in dealing with all types of medical negligence and personal injury cases can help you get the most from a compensation claim.