News & Info

If you’ve been injured in an accident that wasn’t your fault, you may be entitled to seek compensation under Irish law for your injury, medical expenses, lost income from time out of work or other expenses.

However, there are strict deadlines around when you can make a claim for a personal injury.

We often get enquiries from people who want to make a claim, but have delayed for one reason or another, and are unfortunately too close to the two-year minus one day time limit to open the case.

Once you decide you are going to make a claim, the case needs to be built – this takes time. Information will need to be gathered, reports obtained (such as medical or engineer reports), and an application to The Injuries Board made, all while the clock is ticking closer to the deadline.

This is why acting quickly is so important.

How long do I have to make a personal injury claim in Ireland?

The ‘statute of limitations’ is the length of time a person has to make a personal injury claim following an accident, and is set out in the Statute of Limitations Act 1957.

This time limit is two years, minus one day, from the date of knowledge of the accident or injury. Once this time limit has passed, you lose your right to make a claim.

There are some exceptions to the statute of limitations in certain circumstances, and slightly different rules for minors, and for medical negligence, which you can read more about here.

Why you shouldn’t wait to start your claim:

1. You don’t need to wait for your injury to heal

Many people mistakenly believe they must wait until their injury fully heals before seeking legal advice. This is not true. If you have been injured, you can start your claim immediately, even if you are still receiving medical treatment. A medical expert can assess your condition and provide a report outlining the extent of your injuries and any potential long-term effects.

2. Delaying can weaken your case

The longer you wait to begin your claim, the more difficult it may be to gather strong evidence. As time passes:

• witnesses may forget key details or become unavailable,
• CCTV footage may be deleted or lost, and
• accident reports and medical records may become harder to obtain.

Acting quickly ensures your solicitor has access to all the necessary evidence to build a strong and compelling case.

3. The risk of missing the deadline

Many people underestimate how quickly two years can pass, especially if they are focused on recovering from their injuries. If you wait too long to speak with a solicitor, you may find yourself dangerously close to the deadline, leaving little time to prepare a thorough case

In practical terms, how close to the deadline is too late?

What if you have left it a while, or didn’t know you could make a claim, and the two-year deadline is fast approaching?

There is no simple answer to this question, because it will vary on a case-by-case basis.

Every case will have different requirements regarding the level of evidence that needs to be gathered and the amount of time this will take.

All cases will require medico-legal reports, others will require engineer or other technical expert reports, witness statements or other evidence; these can take months to arrange and compile.

Once everything is gathered, an application is then submitted to the Injuries Board for assessment. Certain aspects of the application can be complex, and this in itself can take some time to prepare.

The best approach is to contact a solicitor as soon as possible after your incident, or after you become aware that you have an injury, so there is plenty of time to build your case.

Speak to a solicitor sooner rather than later

If you have been injured in an accident, don’t wait until it is too late. The statute of limitations means you only have two years minus one day to take legal action. By seeking legal advice as soon as possible, you give yourself the best chance of securing compensation for your injury

Even if you are getting close to your time limit, it is always worth contacting a personal injury solicitor’s office and explaining the situation. They will quickly be able to advise you on whether taking a case is possible or not.

If you are considering making a claim, contact us today and we will be happy to discuss your situation with you.