Limitation Periods in Personal Injury Actions in Ireland

Introduction to Limitation Periods in Ireland

Limitation periods are a critical aspect of personal injury litigation in Ireland, directly impacting the rights of claimants and the exposure of defendants and insurers. The statutory framework is primarily governed by the Statute of Limitations Act 1957 (as amended) and the Civil Liability and Courts Act 2004, which set strict deadlines for initiating personal injury claims.

The Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB), and the doctrine of estoppel further shape the legal landscape. Recent legislative changes, effective 4 September 2023, have introduced procedural updates that practitioners must understand to avoid claims becoming statute barred.

Statutory Limitation Periods for Personal Injury Claims

Under the Civil Liability and Courts Act 2004, claimants generally have two years less one day from the “date of knowledge” to initiate proceedings.

Date of Knowledge Defined:

The “date of knowledge” is when the claimant knew, or reasonably ought to have known:

They suffered a personal injury
The significance of that injury
The identity of the party responsible

Some Exceptions:

Minors: The two-year time limit to make a claim starts from the date of the child’s 18th birthday.

The Role of the Injuries Resolution Board and Section 50 Suspension

Personal injury claims (excluding certain categories such as medical negligence) must first be submitted to the IRB.

Section 50 Suspension

Under Section 50 of the Personal Injuries Assessment Board Act 2003 (as amended) provides a critical mechanism for the suspension of the limitation period:

Submitting a complete application to the IRB stops the limitation period.

Time resumes six months after the IRB issues an authorisation.

What Constitutes a ‘Complete’ IRB Application

Legislative Changes (Effective 4 September 2023):

The Personal Injuries Resolution Board Act 2022 introduced significant changes to the application process. From 4 September 2023, only the latest IRB Application Forms are accepted. Old versions are no longer valid, and there are updated requirements for both the Solicitors Portal and the Online Application Form.

To be deemed ‘complete’ for the purposes of Section 50 of the Personal Injuries Assessment Board Act 2003 (as amended), and to benefit from the suspension of the limitation period, an application must include:

Claimant’s Details: Full name, date of birth, and contact number (or a statement if no contact number is available).
Residential Address: The address at which the claimant ordinarily resides.
Personal Public Service Number (PPSN): If no PPSN has been issued, alternative identification (valid driving licence, passport, or national identity card) is required.
Respondent Details: Name and address of the person(s) or organisation(s) considered liable (the Respondent). For motor liability claims, the respondent insurer’s address is acceptable.
Accident/Incident Details: Date and time of the alleged accident or incident. Where appropriate, a date range may be provided if the incident occurred over a period of time.
Circumstances of the Accident: Details of how and where the accident or incident occurred.
Injury Description: A description of the personal injuries allegedly sustained, including the body part(s) and nature of the injury (e.g., fracture, soft tissue injury).
Medical Report: A medical report prepared by a medical practitioner detailing the nature of the injuries.
Signature: The application must be signed by the claimant, confirming the accuracy of all provided information.

Important Note on IRB Application:

Where an application does not provide all the required information, it cannot be deemed complete for the purposes of applying to the IRB (section 11 of the Personal Injuries Assessment Board Act 2003, as amended) or for the purposes of the Statute of Limitations (section 50).

Time will not ‘freeze’ for the purposes of limitation and will not be suspended until a complete application is received and acknowledged by the IRB.

Law Society Ireland Guidance on Legislative Changes

The Law Society Litigation Committee has highlighted significant risks for practitioners following the legislative changes effective from 4 September 2023. The main concerns are as follows:

Previous Practice:
Under the previous regime, once the Board received a completed application, it would issue a Section 50 acknowledgment, pausing the limitation period for the duration of the assessment. If a claim was close to the limitation period, PIAB would issue a Section 50 acknowledgment and allow the medical report to be provided later.
Current Practice:
This is no longer the case. Now, after submitting either a Postal Application or a Solicitor Portal Application, the IRB will review the application (target review time: three working days, but this is not a statutory limit). The solicitor and/or claimant will be updated on the status of the application.
Determination of Completeness:
If the application is complete and valid, and all information required under Section 11 is provided (including the medical report), the application will be confirmed as complete for the purpose of acceptance by the IRB and for the purpose of the Section 50 acknowledgment. The effect will be from the date the complete application was received.

If any information is missing (including the medical report), the IRB will give 28 days to supply the missing information. If the information is not provided within this period, the IRB will close the file.

Crucially:

If missing information is subsequently provided and the application is then deemed complete and valid, the effective date for the purposes of the Section 50 acknowledgment will be the date when the last piece of missing information is provided—not the original filing date.

Increased Risk:
The Law Society of Ireland recommends extreme caution with claims being filed with the Board following the commencement of these changes, particularly where the limitation period is close to expiry. Practitioners must ensure that all required documentation, especially the medical report, is included at the time of filing to avoid the risk of the claim being statute barred.

The Doctrine of Estoppel and Limitation Defences

The principle of estoppel can prevent a defendant or insurer from relying on the statute of limitations as a defence if their conduct has misled the claimant into believing that the limitation period would not be enforced.

Read our previous article on the Doctrine of Estoppel and Limitation Defences in Ireland.

Requirement of an IRB Authorisation for Personal Injury Summons

Since 31 March 2005:

Claimants must issue a Personal Injury Summons in the appropriate court.
The summons must include all mandatory details per Section 10 of the Civil Liability and Courts Act 2004, including IRB authorisation.

Conclusion

Limitation periods in personal injury claims in Ireland are strictly enforced. The IRB Section 50 suspension applies only to complete applications, and recent legislative changes have tightened these requirements. Practitioners must ensure compliance to avoid claims becoming statute barred or losing defences under estoppel.

September 22, 2025