How to make your personal injury claim in the District Court

1 - Complete your District Court personal injury summons

Making a claim in the District Court

To make a personal injury claim you, or your solicitor, will have to complete a District Court Personal Injuries Summons.

If you are making your claim in the District Court you are the claimant and the person or organisation you are making the claim against is known as the respondent.

Where to make your claim

To complete your personal injury summons you will need to find the relevant District Court area and number.

Your claim can be made in the court office where the respondent is based or the location of the accident.

Once you have found your relevant court office, you will also need to find the District Court area and number to complete your summons.

Completing your District Court personal injury summons

The personal injury summons notifies the respondent that you are making a claim against them.

As part of your summons you, or your solicitor will need to provide:

1. Claimant details

You must include your name, address, occupation and PPSN.

If someone under eighteen years of age is injured or if someone is fatally injured, a 'next friend' must complete their summons. You must include their name, address, PPSN and original birth certificate.

The name on their summons must match the name on their birth certificate.

You must also attach an Affidavit of Next Friend to the personal injury summons. This confirms that you are willing and capable to manage the case on their behalf.

2. Respondent details

You must include the name and address of the respondent. If the respondent is under eighteen years of age, you have to include the name and address of their parent or guardian.

3. Details of your claim

You must provide a description of your claim, a full account of your injury, how the respondent caused your injury, and how much you are claiming for.

If you have not been able to resolve your claim through the Injuries Resolution Board, you must include a statement from them that authorisation has been given to bring your claim to court. You must include the reference number and date of issue.

Without the above details it won't be possible to issue you or your solicitor with the summons.

Complete your Affidavit of Verification

Your personal injury summons must be supported by a sworn statement called a District Court affidavit of verification. This is a written declaration, sworn to be true by the person signing it. There is a €15 fee to submit your affidavit of verification.

The affidavit outlines the facts and evidence supporting your case. Any extra information not in the summons must be included here.

You or your solicitor must swear the affidavit before a practising solicitor, peace commissioner, or commissioner for oaths. Once this is done, a copy of the affidavit must be provided to the other party. The original affidavit, which should be stamped and sworn, must then be submitted to the court office.

It can be submitted at any stage between when you file your personal injury summons and before your case goes to court.

2 - Submit and serve your District Court personal injury summons

Submitting your personal injury summons

To submit your summons you will need to find the relevant District Court office.

There is an €80 fee to submit your summons. You can pay at the counter with cash or use a debit or credit card. If you submit your summons by post, you can pay by postal order, bank draft or solicitors cheque.

You or your solicitor should submit the original and two copies of your summons to the court office. The original and a copy are returned to you or your solicitor and a copy is kept in the court office.

If there are some details missing from the summons, the office may return it to you for further information.

Serving your personal injury summons

Once you have submitted your summons, and it has been issued by the court office, you must send a copy of the summons to the respondent. This is called serving the claim.

Once it is issued by the court office, you or your solicitor have one year to serve it on the respondent or their solicitor. Please see our serving and proof of service page for more information.

If the defendant is outside of the EU jurisdiction (for example in the UK) you or your solicitor will have to apply to the court to serve the summons. There is a fee of €25 to make the application to serve outside the jurisdiction of Ireland. This must be done before your summons is issued and does not need to be served on the other side.

The respondent or their solicitor have twenty eight days to respond to your claim. They must serve an appearance and defence form on you or your solicitor. They must also file a copy with the court office. If the respondent wishes to make a counter claim it must be attached to the defence.

3 - After your summons is served

Once your personal injury summons is issued, your case officially starts. The time it takes to get a court hearing can vary. You or the respondent can apply to the court for more information. The pre-trial stage can be lengthy, as both parties exchange documents and information.

More information on pre-trial applications >

There is no response to your claim

Once the respondent has received your personal injury summons, they must reply within the appropriate timeframe. If they do not respond to your claim, you can make an application for judgement without their reply.

More information on what you can do if there is no response to your claim >

Your case is settled

You and the other side can agree on a settlement at any point after the personal injury summons has been issued. Many cases are resolved through negotiation between all the parties involved. This avoids the need for a trial. 

More information on what to do if your case is settled >

4 - Submit your notice of trial in the District Court

A notice of trial is a formal document that tells the court and everyone involved that the case is ready to proceed to court for a full hearing. It can be submitted by you or the respondent.

You or your solicitor must submit the original District Court notice of trial to the relevant District Court office. There is no fee to submit your notice of trial. 

The office will return the stamped document(s) to you. You or your solicitor must serve a copy of the notice of trial to the other side ten days before your hearing date. 

5 - Attending your District Court hearing

In the District Court, how you get your hearing date can vary depending on where you made your claim. Please contact the court office for more information. 

On the day your case is being heard, you or your solicitor must be present at the time the list starts. You must bring all documents relevant to your case. The respondent or their legal representation will also be present

The judge will consider the legal arguments that are made and the evidence that has been provided to them from you and the respondent. The judge may also hear from witnesses and relevant experts in the case

Please see our preparing for civil court pages for more information on what to expect in court.

Read more about preparing for court >

Results from your hearing

Your case can have a number of outcomes. 

The judge may:

• make an order in your favour
• make an order in favour of the respondent
• adjourn the case to another date if necessary
  

The judge can also decide who pays the legal costs of the case.

You or the other side can appeal the courts decision. Please visit the appeals page for further information.