If you have been injured in an accident and are pursuing a personal injury claim, one of the most important decisions you will face is whether to accept a settlement or proceed to a court hearing. Most personal injury claims in Ireland are resolved without a full trial, but that does not mean settlement is always the right choice. There are circumstances where litigation may achieve a significantly better outcome. At Michael Boylan Litigation, we take the time to explain your options clearly, so that you can make an informed decision about the path that is right for you.
How Personal Injury Claims Are Resolved in Ireland
In Ireland, personal injury claims (other than medical negligence) must first be submitted to the Injuries Resolution Board (IRB). The IRB assesses the claim and proposes a compensation figure based on the Personal Injuries Guidelines published by the Judicial Council.
From that point, there are three main ways your claim can be resolved:
IRB assessment accepted: Both you and the respondent (the party you are claiming against) accept the IRB's proposed amount. The respondent pays, and the claim is closed.
Pre-trial settlement: If either party rejects the IRB assessment, court proceedings are issued. However, the majority of cases that enter the court system are still settled by agreement before a full hearing takes place, often at a settlement meeting arranged between the legal teams.
Court hearing: If no settlement is reached, a judge hears the evidence and decides the outcome, including the amount of compensation.
Understanding the advantages and considerations of each route is essential before making a decision.
The Advantages of Settlement
Settling your claim means reaching an agreed amount of compensation with the other side, without the need for a judge to decide the outcome. Settlement can happen at the IRB stage, during court proceedings, or even on the day of a scheduled hearing.
The main advantages of settlement include:
Speed: Settlements are generally resolved more quickly than cases that go to a full hearing. If both parties agree at the IRB stage, compensation can be paid within four to six weeks. Even settlements reached during court proceedings are typically finalised faster than waiting for a hearing date.
Certainty: When you settle, you know exactly how much compensation you will receive. There is no risk of an unexpected outcome. The agreed figure is the figure you are paid.
Less stress: A settlement avoids the need to attend court, give evidence, or be cross-examined. For many people, particularly those still recovering from an injury, avoiding the pressure of a courtroom is a significant benefit.
Privacy: Settlement discussions are confidential. The details of your claim and the amount agreed are not made public, unlike a court hearing where the proceedings are open.
Control: Both parties have a say in the outcome. You are not bound to accept any offer that you consider inadequate, and your solicitor will advise you on whether the amount proposed is fair.
The Considerations Around Settlement
While settlement offers many advantages, there are important factors to weigh:
Finality: Once you accept a settlement, your claim is closed permanently. You cannot reopen it later, even if your injuries turn out to be more serious than expected at the time of settlement. This is why it is important to ensure that your medical condition has stabilised and that all future needs have been properly assessed before agreeing to settle.
Potentially lower compensation: Settlement offers may be lower than what a court might award, particularly in complex or high-value cases. The defendant's insurer is seeking to resolve the claim efficiently, and their offer may not fully reflect the value of your case.
No public accountability: Settlement does not involve any formal finding of fault. If public recognition of wrongdoing is important to you, a court hearing may be the more appropriate route.
The Advantages of Litigation
Litigation means having your case heard by a judge in court. If settlement negotiations have not produced an offer that properly reflects the value of your claim, proceeding to a hearing may be the right decision.
The main advantages of litigation include:
Potentially higher compensation: Data published by the Central Bank of Ireland has shown that claims resolved through litigation and pre-trial settlement tend to achieve higher compensation than those settled at the IRB stage, particularly in respect of special damages (financial losses such as medical bills, care costs, and loss of earnings).
Judicial assessment: A judge will assess your claim based on the full evidence, including medical reports, expert testimony, and your own account of how the injury has affected your life. In cases where the evidence is strong, a court hearing can result in a more thorough valuation of your claim.
Formal accountability: A court judgment places the facts of your case on the record. For some claimants, this formal recognition of what happened and who was responsible is an important part of the process.
Appropriate for complex cases: Where liability is disputed, where the injuries are serious or life-changing, or where the defendant's offer significantly undervalues your claim, litigation may be the only way to achieve a fair outcome.
The Considerations Around Litigation
Proceeding to court also involves factors that should be carefully considered:
Uncertainty: The outcome is decided by the judge, and there is always a degree of uncertainty about the amount that will be awarded. In rare cases, the court may award less than the amount that was offered in settlement.
Time: Court proceedings take longer to resolve. From the issuing of proceedings to a hearing date, the process typically takes two to three years, and in complex cases it can take longer.
Emotional demands: Attending court, giving evidence, and being cross-examined by the other side's legal team can be stressful. Your solicitor and barrister will prepare you thoroughly, but it is important to be aware of what the process involves.
The hearing itself: At a court hearing, the judge will hear evidence from both sides, including medical experts. You may be asked to describe your injuries and how they have affected your daily life. Your solicitor and barrister (a specialist court advocate who presents your case before the judge) will be with you throughout.
What Happens at a Settlement Meeting?
If your claim proceeds beyond the IRB stage and court proceedings are issued, settlement discussions often take place at a settlement meeting. These meetings are typically held at the courthouse, often at the Four Courts in Dublin, and involve both legal teams.
At the meeting, your solicitor and barrister will discuss your case with the defendant's legal representatives. Offers and counteroffers are exchanged, and your legal team will advise you on whether any offer made is fair. You are under no obligation to accept any offer, and if no agreement is reached, the case proceeds to a hearing.
Settlement meetings can also take place at earlier stages, and your solicitor may arrange discussions with the defendant's insurer at any point during the proceedings if there is an opportunity to resolve the claim on favourable terms.
Mediation as an Alternative
The Injuries Resolution Board now offers a mediation service for personal injury claims, including road traffic, workplace, and public liability cases. Mediation involves a neutral, trained mediator who works with both parties to try to reach an agreement.
Mediation is voluntary and confidential. If an agreement is reached, it becomes legally binding after a 10-day cooling-off period. If no agreement is reached, you can still have your claim assessed by the IRB or proceed to court. Mediation can be a useful middle ground for claims where both parties are open to negotiation but have not been able to agree on a figure.
How Your Solicitor Helps You Decide
The decision to settle or proceed to court is always yours. Your solicitor's role is to ensure you have all the information you need to make that decision with confidence. This includes:
Valuing your claim accurately, based on the Personal Injuries Guidelines, your medical evidence, and your special damages.
Advising on the strengths and risks of your case if it were to proceed to court.
Explaining any offer that is made and whether it fairly reflects the value of your injuries and financial losses.
Preparing you for court if litigation is the right course of action, including what to expect on the day and how the hearing will proceed.
Frequently Asked Questions
Do most personal injury claims in Ireland go to court?
No. The majority of personal injury claims in Ireland are resolved without a full court hearing. Many are settled at the IRB assessment stage, and most of those that proceed to court are settled by negotiation before the hearing takes place. However, a willingness to go to court strengthens your position in negotiations.
Can I change my mind after accepting a settlement?
No. Once you accept a settlement, it is full and final. You cannot reopen your claim or seek additional compensation at a later date. This is why your solicitor will ensure that your injuries have been fully assessed and that all future needs are accounted for before advising you to accept.
How long does it take if my case goes to court?
From the issuing of proceedings, a personal injury case in Ireland typically takes two to three years to reach a court hearing, depending on the complexity of the case and the court's schedule. Cases involving serious injuries may take longer, particularly where expert evidence is required.
Will I have to give evidence in court?
If your case proceeds to a full hearing, you will likely be asked to give evidence about the accident and how your injuries have affected you. You may also be cross-examined by the defendant's legal team. Your solicitor and barrister will prepare you thoroughly beforehand, and they will be with you throughout.
Is the compensation higher if I go to court?
Not always, but it can be. Data from the Central Bank of Ireland indicates that claims resolved through litigation and settlement during proceedings tend to achieve higher compensation than those resolved at the IRB stage, particularly for financial losses. However, every case is different, and your solicitor will advise you on the likely range of outcomes in your specific situation.
Get in Touch
At Michael Boylan Litigation, we understand that the choice between settlement and litigation can feel daunting. We have extensive experience in both negotiating settlements and presenting cases in court, and we will always recommend the approach that is most likely to deliver the best result for you.
If you have been injured and would like to discuss your options, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
