If you have received a personal injury summons, it means that someone has made a claim against you in the court.
You will need to read the personal injury summons and any other documents that you have received to understand the claim made against you.
Before responding to a personal injury claim you should consider getting legal advice to better understand your options. You may be eligible for free legal aid.
If you ignore the personal injury summons the court may make an order against you, without your involvement in the court hearing.
Responding to your personal injury summons
If you have been served with a summons, it is important to understand the timeframe and steps required to respond.
You will need to acknowledge that you have received the summons. This is done by filling in a document called an entry of appearance form. This will need to be submitted to the court office and sent to the person who has made the claim against you.
If you wish to defend (legally argue against) the case that has been made against you, you will need to complete a defence form. You must send a copy to the person who has made the claim against you. If you have a legal basis to make a claim against the other side, you can submit this as a counterclaim.
In the District Court
In the District Court you are known as the respondent. The person or organisation making the claim against you are known as the claimant.
You or your solicitor have twenty eight days to respond to the claim. Within this period, you must:
- Submit a Personal injuries appearance and defence No. 40A.02 form to the court office
- Send a copy of the appearance and defence form to the claimant or their solicitor
If you wish to make a Personal injuries counterclaim No. 40A.03, it must be included with your defence.
In the Circuit Court
In the Circuit Court you are known as the defendant. The person or organisation making the claim against you are known as the plaintiff.
If you are based in Ireland, you have ten days to respond to the claim by:
- Submit an Entry of Appearance form (Form 5) to the court office
- Send a copy of the appearance to the claimant or their solicitor
After submitting the appearance form, you have a further six weeks to provide your Circuit Court Personal injuries defence, which must be sent to the claimant or their solicitor.
If you wish to make a Circuit Court Personal injuries counterclaim, it must be included with your defence.
If you are located outside of Ireland but within the EU, you have thirty five days to file an appearance. Following this, you have an additional twenty eight days to submit your defence.
In the High Court
In the High Court you are known as the defendant. The person or organisation making the claim against you are known as the plaintiff.
If you are based in Ireland, you have eight days to respond to the claim by:
- Submit a High Court Personal injuries appearance form to the court office
- Send a copy of the appearance to the claimant or their solicitor
After receiving the summons, you have a further 8 weeks to provide your High Court Personal injuries defence, which must be served on the claimant or their solicitor.
If you wish to make a High Court Personal injuries counterclaim, it must be included with your defence
If you are located outside of Ireland but within the EU, you have thirty five days to file an appearance. Following this, you have an additional twenty eight days to submit your defence. If you are located outside of the EU, you have forty two days to file an appearance.
