If you’ve been injured in an accident — at work, on the road, in a shop, anywhere — you may be entitled to compensation. But Irish law imposes strict time limits on personal injury claims, and missing them almost always means losing your right to pursue the claim entirely.

The basic rule: 2 years

Under the Statute of Limitations (Amendment) Act 1991, you have 2 years from the date of the accident to lodge a personal injury claim. This is much shorter than the 6-year limit for most other types of civil claim.

The “lodging” of a claim for these purposes means making an application to the Injuries Resolution Board (formerly the Personal Injuries Assessment Board, PIAB). This is the first stage of most personal injury claims in Ireland.

What happens after 2 years?

If you don’t lodge a claim within 2 years, the defendant can plead the Statute of Limitations as a defence — and in almost all cases, this defence succeeds. The court will dismiss your claim regardless of how strong its underlying merits.

This is a near-absolute rule. The court has very limited discretion to extend the period.

The “date of knowledge” exception

For some injuries — particularly industrial diseases, exposure cases, or injuries that take time to manifest — the 2 years runs from the “date of knowledge” rather than the accident date.

You’re deemed to have knowledge when you first knew or ought to have known:

1. That an injury occurred
2. That the injury was significant
3. That the injury was attributable to the act of another person
4. The identity of that other person

Common examples where “date of knowledge” matters:

• Asbestos-related illness
• Repetitive strain injury
• Whiplash that initially seemed minor but proved serious
• Medical negligence where the consequences become apparent later

Special rules for specific situations

Minors (under 18)

For children under 18, the 2-year clock does not start running until they reach 18. So a child injured at 10 has until their 20th birthday to lodge a claim.

In practice, parents or guardians usually pursue claims on behalf of injured children well before this. The extended deadline is a protection, not a recommendation to delay.

Persons of unsound mind

If the injured person lacks legal capacity (due to mental incapacity from the injury or otherwise), the 2-year clock doesn’t run until they regain capacity. This is rare and requires specific medical evidence.

Fatal accidents

For fatal accidents, the relevant date is the date of death. Dependants and the deceased’s estate have 2 years from that date to bring a claim.

Workplace accidents

The 2-year rule applies, but parallel proceedings often exist:

• Workplace Relations Commission claims have different time limits (usually 6 months)
• Social welfare claims for occupational injury benefit have their own deadlines
• The Health and Safety Authority can investigate separately

The Injuries Resolution Board process

Most personal injury claims must first go through the Injuries Resolution Board (formerly PIAB) before any court proceedings can begin. The process:

1. Form A application: You submit details of the accident, your injuries, and the defendant. Application fee: €45 [VERIFY current fee]
2. Medical assessment: The Board arranges for an independent medical assessment
3. Assessment of damages: The Board calculates appropriate compensation under the Personal Injuries Guidelines
4. Award decision: The Board issues an award. Both you and the defendant must accept it within 28 days.
5. If accepted: The defendant pays, and the matter ends.
6. If either party rejects: The Board issues an Authorisation, allowing court proceedings to begin.

The Board process typically takes 8-12 months. Court proceedings (if needed) take an additional 18 months to several years, depending on complexity.

What about offers and negotiations before lodging?

Negotiating with the other party’s insurer doesn’t stop the clock. Insurers sometimes draw out negotiations, hoping the 2-year deadline passes. If you’re in any doubt, lodge the IRB claim — you can continue negotiating afterward, but the lodgement preserves your position.

What to do if you’ve been injured

1. Seek medical attention. Document everything.
2. Report the incident — to the gardaí (for road accidents), to your employer (for workplace accidents), to the premises owner (for slip-and-falls).
3. Gather evidence: photos, witness contact details, CCTV requests, copies of any incident reports.
4. Consult a solicitor early. Most personal injury solicitors offer free initial consultations. They can advise on whether you have a viable claim, the time limits, and the next steps.
5. Don’t delay. Two years sounds long, but evidence degrades, witnesses move on, and the IRB process itself takes months.

Costs and “no foal, no fee”

Many Irish personal injury solicitors work on a “no foal, no fee” basis — meaning they only get paid if you win or settle. However, in Ireland this is regulated:

• Solicitors cannot charge contingency fees as a percentage of the award
• Standard fees apply, but solicitors may agree not to charge if the case fails
• You may still be liable for outlays (medical reports, court fees) if the case fails

The IRB process itself has minimal cost — €45 for the application. If you accept the IRB award, you don’t generally need a solicitor at all, though many people use one.

Final thoughts

Two years is shorter than it sounds. Personal injury claims involve gathering evidence, getting medical reports, navigating the IRB process, and potentially negotiating with insurers — all within a clock that starts ticking on the day of the accident. If you’ve been injured and think someone else is responsible, talk to a solicitor early. Most offer free initial consultations, and the cost of delaying is almost always greater than the cost of getting advice promptly.