When a death is caused by someone else's wrongful act, Irish law allows one claim to be brought for the family under Part IV of the Civil Liability Act 1961.
These pages explain who can claim, what the claim covers, and how the inquest and time limits fit in.
Each kind of death involves a different investigation and a different route to a claim, so each has its own page.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.
You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
It is a claim for the family of a person whose death was caused by a wrongful act, such as negligence or a breach of a legal duty.
It is made under Part IV of the Civil Liability Act 1961, and one action is brought for the benefit of all the dependants together.
The personal representative of the person who died, usually the executor named in the will or an administrator.
If there is no personal representative, or none has brought the claim within six months of the death, any dependant can bring it. Whoever brings it, the claim is for all the dependants.
Yes, if the death followed a road collision, an accident at work or an accident on someone's property. The Board has a separate Fatal Accident Application Form, which needs the death certificate, or an interim death certificate if the final one is not ready.
Claims arising from medical care do not go to the Board. Read how the Injuries Resolution Board works.
No. The civil claim is separate from the inquest and from any prosecution, and the two-year time limit keeps running while they go on. An inquest finds how, when and where the death happened, but it does not decide civil or criminal liability.
Yes. Under section 35 of the Personal Injuries Assessment Board Act 2003, an assessment accepted in a fatal claim does not become binding until a court approves it. The respondent pays the costs of that application.
The claim can still be brought, but the compensation is reduced in proportion to their share of the blame.
In a fatal claim, the person bringing the action is treated as responsible for the acts of the person who died, under section 35 of the Civil Liability Act 1961.
No. Section 50 of the Civil Liability Act 1961 says the court does not take account of money paid under a life insurance policy, or of a pension, gratuity or similar benefit paid because of the death.
Yes. The estate has its own claim under section 7 of the Civil Liability Act 1961 for losses the person suffered before they died, such as lost earnings and medical bills. It is separate from the dependants' claim. See dependency and bereavement support.
Two years from the date of death, or from the date of knowledge of the dependant if that is later, under section 6 of the Statute of Limitations (Amendment) Act 1991. The time limit is applied to each dependant separately.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
