Frequently Asked
Questions

You may have a personal injury claim if you have suffered an injury because another person, business, employer or public body failed to take reasonable care for your safety.

Every case depends on its own facts. The key legal questions usually include:

• Was someone negligent?
• Did that negligence cause your injury?
• Have you suffered a recognised injury or financial loss?
• Is your claim within the legal time limit?

An experienced solicitor can assess your circumstances and advise whether you may have a valid claim.

Possibly.

Irish law recognises the concept of contributory negligence. This means that if you were partly responsible for the accident, you may still recover compensation, although any award could be reduced to reflect your share of responsibility.

Every case depends on its own facts.

No.

Not every injury is catastrophic. Claims may arise from injuries ranging from fractures and soft tissue injuries to psychological injuries and long-term disabilities.

The seriousness of the injury will affect the value of any claim but not necessarily whether you have one.

Yes.

In most adult personal injury cases, proceedings must generally be commenced within two years less one day from:

• the date of the accident; or
• the date you first became aware that your injury may have been caused by negligence (known as the "date of knowledge").

There are important exceptions, particularly for children and certain medical negligence claims.

Because limitation issues can be complex, you should seek legal advice as early as possible.

If the limitation period expires, your claim may become statute-barred.

Although there are limited exceptions, courts generally cannot hear claims commenced outside the applicable limitation period.

Every case is different.

Compensation depends on factors such as:

• the nature of the injury;
• its severity;
• recovery time;
• impact on work;
• medical expenses;
• future treatment needs;
• loss of earnings;
• any ongoing disability.

Compensation for pain and suffering is generally assessed by reference to the Personal Injuries Guidelines adopted under the Judicial Council Act 2019, together with the individual circumstances of each case.

The Guidelines are intended to promote consistency in awards.

Decision-makers, including the Injuries Resolution Board and the courts, are generally required to have regard to the Guidelines when assessing general damages, although each case turns on its own facts.

Potentially, yes.

If your injury has caused you to lose earnings, incur medical expenses or suffer other financial losses, these may be recoverable if properly supported by evidence.

In most personal injury cases, yes.

Before court proceedings can generally be commenced, an application must first be made to the Injuries Resolution Board. Certain categories of claims, including many medical negligence cases, are not dealt with by the Board.

The timeframe varies depending upon the circumstances of the case. Generally speaking, it may take the Board up to 9 months to assess a claim.

Yes.

They need to be represented by a “next friend”, who will make the claim on their behalf. The next friend is usually a parent or guardian, although not always.

The Injuries Resolution Board also assesses a minor’s claim. As a minor, any award will also be subject to Court approval.

Not necessarily.

Many claims resolve without a court hearing. If liability or compensation cannot be agreed, court proceedings may become necessary.

If another road user was negligent and you suffered injury, you may have grounds for a claim.

Claims can arise from accidents involving:

• drivers;
• passengers;
• cyclists;
• pedestrians;
• motorcyclists.

Yes.

Passengers who suffer injuries may often have claims, provided they were not responsible for causing the accident.

Employers owe statutory and common law duties to provide a reasonably safe workplace.

If an employer breaches those duties and you suffer injury, you may have grounds for a claim.

Employees are legally protected from penalisation for exercising statutory rights.

Each employment relationship is different, and legal advice should be obtained regarding your individual circumstances.

Possibly.

Owners and occupiers of premises owe duties under Irish law to take reasonable care for the safety of visitors.

Whether compensation is available depends upon the facts and evidence.

Claims involving public roads or footpaths depend on a range of factors, including maintenance responsibilities, notice of defects and the circumstances of the accident.

Early legal advice is advisable.

Potentially.

Depending upon the circumstances, you may have:

• a civil claim against the wrongdoer;
• a claim against another party whose negligence contributed to the assault;
• an application to the Criminal Injuries Compensation Scheme in appropriate cases.

Evidence can be extremely important.

You should retain:

• photographs;
• CCTV where available;
• witness details;
• accident reports;
• medical records;
• receipts;
• wage loss documentation;
• correspondence;
• insurance details.

If you have suffered an injury, you should seek appropriate medical attention.

Medical records often become an important part of any claim.

As soon as reasonably possible.

Early advice can help preserve evidence, ensure compliance with limitation periods and assist in preparing your claim.

A solicitor will typically discuss:

• how the accident occurred;
• your injuries;
• medical treatment;
• witnesses;
• documentation;
• potential legal issues;
• next steps.

No.

A solicitor can advise what records may be required and when they should be obtained.

You may, but obtaining independent legal advice ensures that you understand your legal rights and the implications of any settlement before accepting it.

Defamation occurs when a statement is published about a person, to at least one other person, and the statement tends to injure that person's reputation in the eyes of reasonable members of society.

In Ireland, the law of defamation is primarily governed by the Defamation Act 2009, as amended. Whether a statement is defamatory depends on its meaning, the surrounding context and the available legal defences.

Not every offensive or unpleasant comment is defamatory. An experienced solicitor can advise whether the legal threshold is likely to be met.

A defamatory statement may be made orally or in writing. Publication can occur in newspapers, television, radio, websites, blogs, Facebook posts, Instagram posts, TikTok videos, WhatsApp messages (depending on the circumstances), emails, online reviews and podcasts.

Potentially, yes.

If statements published online have damaged your reputation, you may have grounds to bring a defamation claim.

Each case depends on factors including:

• whether the statement is capable of being defamatory;
• whether it refers to you/identifies you;
• whether it has been published to others;
• whether any legal defence may apply;
• the extent of any reputational harm.

Early legal advice is recommended, particularly where the publication is continuing.

Not necessarily.

A statement may still be defamatory if reasonable readers would understand that it refers to you, even if you are not expressly named. Whether identification can be established depends on the circumstances of each case.

Defamation can arise through implication, innuendo or the overall impression created by words, images or videos.

Courts consider how an ordinary, reasonable reader or viewer would interpret the publication.

Online conduct may give rise to civil remedies, criminal liability or both, depending on the circumstances.

Persistently communicating with, monitoring, or targeting a person, which causes alarm, distress, or seriously interferes with their peace and privacy, may constitute civil harassment under Irish law.

The appropriate legal response depends upon the nature of the communications, their frequency and their impact.

Potentially, yes.

The fact that a person hides behind an anonymous account does not necessarily prevent legal action. Depending on the circumstances, it may be possible to seek court orders requiring information to identify anonymous users.

Sometimes.

Where appropriate, the High Court may order certain third parties to disclose information capable of identifying anonymous users.

In the event you have been defamed by an anonymous user, under the Defamation (Amendment) Act 2026, an application can be made to the Circuit Court seeking an Identification Order, compelling disclosure of identifying information.

Whether such relief is available depends upon the evidence and the legal requirements applicable to the particular case.

Potentially.

The use of a false name or an anonymous profile does not automatically prevent legal proceedings. The first step is often identifying the individual responsible.

In many cases, yes.

Most major social media platforms have procedures allowing users to report unlawful, defamatory or abusive content.

Where informal reporting is unsuccessful, legal correspondence or court proceedings may be appropriate, depending upon the circumstances.

Potentially.

Google provides procedures for reporting reviews that breach its policies. Where a review is defamatory or otherwise unlawful, legal remedies may also be available.

Businesses should obtain legal advice before responding publicly to allegations that may affect their reputation.

Sometimes.

Whether material can be removed depends upon:

• who controls the website;
• where it is hosted;
• the nature of the publication;
• whether the content is unlawful;
• the legal remedies available.

Some cases require court intervention.

In certain circumstances.

Although Google does not generally remove lawful content simply because it is negative, search results may sometimes be removed or restricted where legal requirements are satisfied.

Under Irish and EU law, individuals have the Right to Be Forgotten, allowing them to request the removal of certain online content.

The Right to Be Forgotten is a legal principle under Article 17 of the General Data Protection Regulation (GDPR) that allows individuals to request the deletion of personal information from search engines or websites when:

1. Data is no longer necessary
2. Withdrawal of consent
3. Objection to processing
4. Unlawful processing
5. Legal obligation
6. Children’s data

If you discover potentially defamatory or abusive material, you should preserve evidence as soon as possible.

Useful evidence may include:

• screenshots;
• web links (URLs);
• dates and times;
• usernames;
• comments and replies;
• photographs or videos;
• emails or messages;
• evidence of publication or sharing;
• details of any financial loss.

Every situation is different.

Responding publicly may sometimes increase the visibility of the allegations or complicate later legal proceedings. Before engaging with the publisher, it may be advisable to obtain legal advice.

Potentially.

In appropriate cases, the High Court may grant injunctive relief restraining publication or requiring the removal of unlawful content.

Because injunctions may affect freedom of expression, the legal threshold is high and each application depends upon its own facts. Urgent legal advice is often required where publication is ongoing.

Where circumstances justify urgent intervention, applications may sometimes be made on an expedited basis. The timing depends upon factors including the urgency of the situation, the evidence available, the court's schedule and whether notice must be given to the opposing party.

If a defamation claim is successful, the court may award damages to compensate for injury to reputation.

The amount depends on numerous factors, including:

• the seriousness of the allegation;
• the extent of publication;
• the conduct of the publisher;
• whether the allegation remains online;
• any apology or correction/offer to make amends;
• the impact on your personal or professional reputation.

Yes.

Companies and incorporated businesses can bring defamation proceedings where a statement has caused, or is likely to cause, serious harm to their commercial reputation. The focus is generally on financial consequences.

Yes, in some circumstances.

A business may have legal remedies where a review contains false statements of fact that damage its commercial reputation. Not every negative review is defamatory. Genuine opinions based on a customer's experience are generally less likely to give rise to a successful claim than false factual allegations.

Before commencing legal proceedings, businesses should consider:

• whether the review is fact or opinion;
• whether it breaches the platform's terms of service;
• whether the reviewer can be identified;
• whether informal resolution is possible.

Legal options may include requesting removal of the review, writing to the reviewer, or, in appropriate cases, issuing defamation proceedings.

Caution is advisable.

A measured, professional response may be appropriate in some cases. However, responding without legal advice may:

• inadvertently repeat the allegation;
• disclose confidential customer information;
• escalate the dispute;
• prejudice future legal proceedings.

Where allegations are serious or demonstrably false, obtaining legal advice before responding is often prudent.

Sometimes.

Google provides reporting mechanisms for content that breaches its policies. If a review is unlawful or defamatory, further legal remedies may be available where platform procedures do not resolve the issue.

False statements made by a competitor may give rise to claims including:

• defamation;
• malicious falsehood (where the legal requirements are met);
• passing off (in appropriate circumstances);
• breach of competition law, depending on the facts.

The appropriate remedy depends on the nature of the publication and the damage caused.

Potentially.

If there is evidence suggesting that anonymous online publications originate from a competitor, legal steps may be available to seek disclosure of identifying information from third parties, subject to court approval and the applicable legal tests.

Each case depends on its own facts.

Often this is an appropriate first step.

A solicitor's letter may:

• request immediate removal of the publication;
• preserve evidence;
• seek an apology or correction;
• put the publisher on notice of potential legal proceedings.

However, the appropriate strategy depends on the circumstances, as premature correspondence may sometimes increase publicity or prompt deletion of valuable evidence.

Employers should proceed carefully.

The appropriate response depends upon:

• whether the allegations are true;
• whether they relate to protected disclosures;
• employment law obligations;
• confidentiality obligations;
• potential defamation issues.

Disciplinary action should not be taken without considering employment law requirements and fair procedures.

No.

Former employees remain subject to the general law, including:

• defamation;
• confidentiality obligations;
• contractual restrictions;
• data protection law (where applicable).

Whether legal action is appropriate depends upon the particular facts.

Possibly.

Depending upon the circumstances, it may be possible to seek disclosure of identifying information through the courts. Such applications require careful consideration of privacy rights, data protection law and freedom of expression.

Every situation differs, but businesses should generally consider:

1. Preserving evidence.
2. Recording URLs.
3. Taking screenshots.
4. Identifying the publisher.
5. Assessing whether the publication remains online.
6. Considering internal communications.
7. Seeking legal advice before responding publicly.

Engaging in online arguments is rarely advisable.

Not always.

An immediate response may sometimes reduce speculation, but in other cases it may amplify the publication. Businesses should carefully balance:

• legal risk;
• commercial reputation;
• customer confidence;
• regulatory obligations;
• ongoing investigations.

If the business has insurance that may respond to defamation, media liability or cyber-related claims, it should review the policy terms promptly. Many policies require notification within specified time limits.

No.

Effective reputation management often includes:

• obtaining corrections where appropriate;
• requesting removal of unlawful publications;
• improving accurate online content;
• managing customer communications;
• ensuring legal compliance.

Not every negative comment should be challenged.

No.

Irish law protects freedom of expression alongside the right to protect reputation. Solicitors can advise on available legal remedies where publications are unlawful, but truthful reporting, honest opinion and other legal defences may prevent removal.

Evidence should generally be preserved for as long as reasonably necessary, particularly if litigation may be contemplated.

Useful evidence includes:

• screenshots;
• archived webpages;
• correspondence;
• analytics;
• customer complaints;
• financial records demonstrating any loss.

Do not ignore the enquiry.

Media organisations often work to publication deadlines. A carefully considered response may:

• correct factual inaccuracies;
• reduce legal risk;
• present your position fairly.

Businesses should consider obtaining legal advice before responding, particularly where allegations are serious.

Possibly, but only in limited circumstances.

Irish courts exercise caution when asked to restrain publication because of the constitutional protection afforded to freedom of expression.

An injunction may be available where the legal requirements are satisfied, but the threshold is high and urgent advice is essential.

Depending upon the circumstances, options may include:

• requesting a correction;
• seeking an apology;
• invoking complaints procedures where available;
• pursuing legal remedies, including defamation proceedings.

The appropriate course depends upon the nature of the publication and the available evidence.