Personal Injuries Actions - New One Month Notice Rule

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Since the 29th January 2019 it is now the law that a letter be sent within one month of an accident happening if a claim for personal injuries is to be made. This notice to the wrongdoer or alleged wrongdoer must be sent within a month of the accident which caused the injuries stating the nature of the wrong committed. Failure to send such a notice within the time required can give the court hearing the case the power to make an order for costs against the injured person (the Plaintiff) or reduce the costs ordinarily allowed to the Plaintiff if the claim is successful. This new legislation also penalises Plaintiff’s/Claimants who do not disclose details of previous injuries or claims, for withholding documents relating to their medical information and loss of earnings and for failure to attend medical appointments arranged by the Personal Injuries Assessment Board.

Emma Meagher Neville