Claims Resolution Frequently Asked Questions
Here are answers to a range of common questions from State authorities about claims resolution and our claims resolution service. These frequently asked questions are reviewed and updated regularly.
A personal injury or third-party property damage claim is usually submitted directly to the State Claims Agency, but in some instances you may receive the notice of claim.
If you receive notification of a claim in relation to incidents covered under the General Indemnity Scheme or Clinical Indemnity Scheme, it is important to get in touch with the State Claims Agency as early as possible. This will give the claims manager the best possible opportunity to review and assess the claim from a liability perspective and deal with it as quickly as possible. You should follow our claims notification procedure where you receive notice of a claim.
In general, a personal injury claim needs to be brought within two years of the date of the incident. A fatal injury claim needs to be brought within two years of the date of death of the deceased.
A claim seeking damages for assault/battery/trespass to a person can be brought within six years of the incident.
In general, the limitation period for a property damage claim is six years from the date of the cause of action.
The State authority will remain the legal defendant in the claim and the State Claims Agency will be solely responsible for resolving the claim on its behalf, from initiation to resolution. The general steps of the claims process are:
- Claim notification
- Claim investigation
- Claim liability determination
- Claim resolution approach
- Claim outcome
- Claim learning
View our explanatory infographic for more details on the steps in the claims process and the role of a State authority in the process.
Upon notification of either a General Indemnity Scheme or Clinical Indemnity Scheme claim, a unique NIMS reference number will be allocated to the claim and a designated claims manager/assistant from either the General Claims Unit or Clinical Claims Unit will be assigned to resolve the claim on behalf of your State authority. The relevant claims manager will get in touch with you to commence an investigation of the claim and will be responsible for dealing with the claim on your behalf through to resolution.
Yes. The State Claims Agency will liaise with your nominated representative to resolve the claim on your behalf. Your nominated representative should be in a position to assist the claims manager, as requested, with their investigation of the claim. This may include locating and providing records, arranging meetings, making witnesses available for interview, providing access to any property that is the subject of a claim, providing copies of any internal/external investigations that may have been carried out in relation to the incident/claim, or the provision of earnings-related information, where required/relevant.
View our explanatory infographic for more details on the steps in the claims process and the role of a State authority in the process.
A State authority will remain the legal defendant in the claim and the State Claims Agency will be solely responsible for resolving the claim on the State authority's behalf. Under section 11 of the NTMA (Amendment) Act 2000, as amended, State authorities must furnish all necessary and requested information and documentation to the State Claims Agency in a timely manner, and permit and assist us to investigate incidents on their behalf.
Your role/involvement will include, but not be limited to, locating and providing records, arranging meetings, making witnesses available for interview, providing access to any property that is the subject of a claim, providing copies of any internal/external investigations that may have been carried out in relation to the incident/claim, and the provision of earnings-related information, where required/relevant.
View our explanatory infographic for more details on the steps in the claims process and the role of a State authority in the process.
General Indemnity Scheme claims seeking damages for personal injuries will go through the Injuries Resolution Board (IRB) claims process. These claims must first be lodged with the IRB and an authorisation obtained before Court proceedings can issue.
General Indemnity Scheme claims seeking damages for property damage do not go through IRB and should be submitted here.
Clinical Indemnity Scheme claims, which relate to the provision of professional medical services, do not go through the IRB claims process.
No medical records, personnel files or other records provided to the State Claims Agency in connection with a claim should be redacted. The State Claims Agency, on foot of its statutory functions and obligations under the National Treasury Management Agency Amendment Acts, has a lawful basis under Data Protection Law to obtain, process and disclose personal data including special categories of personal data when managing a claim.
As part of the investigation of a claim, the State Claims Agency will engage with witnesses to an incident to assess the State authority’s liability and decide the claims resolution approach. Claims managers may attend on-site to interview witnesses, or, where necessary or appropriate, arrange an online consultation.
The State authority will remain the legal defendant in the claim and the State Claims Agency will be solely responsible for resolving the claim on its behalf.
Throughout the claims process, the claims manager will keep the State authority’s nominated representative informed about the key aspects of the claim and resolution process, as necessary and appropriate.
Claims managers interact regularly with State authorities during an active claim, for example, during the investigation of a claim and through detailed consultation meetings with the State authority and any witnesses in relation to a claim. State authorities will also be provided with certain documents to review and approve, where applicable. Claims managers are also available to answer appropriate questions received from a State authority’s nominated representative during the claims process.
On resolution of a claim, the assigned claims manager will write to the central designated contact(s) within the State authority in relation to the outcome of the claim. These contacts are chosen by the State authority and are authorised to receive this information.
Outside of the immediate claims resolution process, claims managers generally provide regular updates to authorised contacts in State authorities on their claims portfolios and engage in file review/catch up meetings and/or site visits. Some State authorities can also access real-time information on their claims portfolio through NIMS (the National Incident Management System) and through regular management information reports provided by the State Claims Agency. If a State authority would like to request access to the Claims Dashboards Module on NIMS, please get in touch via stateclaims@ntma.ie.
A State authority can contact their claims manager in the State Claims Agency directly. Some authorised employees in State authorities also have access to NIMS Claims Dashboards where they can view all key information about a State authority’s claims. If a State Authority would like to request access to the Claims Dashboards Module on NIMS, please get in touch via stateclaims@ntma.ie.
Each State authority has identified a central designated contact(s) who will be formally notified about the outcome of claim by the State Claims Agency. On resolution of a claim, the assigned claims manager will write to the central designated contact(s) within the State authority to inform them of the outcome of the claim. The claims manager will also inform the State authority’s nominated representative for the claim about the outcome.
Some State authorities can also access real-time information on their claims portfolio, through NIMS (the National Incident Management System) and through regular management information reports provided by the State Claims Agency. If a State Authority would like to request access to the Claims Dashboards Module on NIMS, please get in touch via stateclaims@ntma.ie.
The Legal Costs Management Unit of the State Claims Agency manages third-party legal cost claims on behalf of State Authorities, however so incurred, as delegated to us by Government. We manage and resolve all categories of third-party legal costs claims, whether they arise in the course of our claims resolution work or separately.
The following levels of damages can be awarded in each Court:
District Court |
Circuit Court |
High Court |
Damages up to €15,000 |
Damages up to €60,000 for personal injuries claims Up to €75,000 for other types of claims |
Unlimited damages |
It is best practice to retain a forwarding address, and future contact details, for all health and social care practitioners who are leaving, or have left, your health and social care service. This will be important should you need to make contact in the future in relation to a claim.
Yes, our Clinical Claims Unit provides legal representation at Coronial Inquests for health and social care services and individual medical practitioners who are covered under the Clinical Indemnity Scheme, where this is requested.
Inform your health and social care service’s clinical claims unit or your claims co-ordinator/clinical risk manager, whichever is available to you, of the notification as soon as possible. If none is available, you can contact the State Claims Agency directly via our contact form or at stateclaims@ntma.ie.
All assistance that is required by the coroner should be provided to the coroner.
This depends on the extent of your involvement in the treatment and care of a deceased service user/patient. The coroner will decide who is to be called to give evidence before the inquest. Sometimes, the coroner will be satisfied to read a prepared deposition (statement) into the record without calling a witness. On other occasions, the coroner will require attendance from the health and social care practitioner to read their deposition into the evidence and answer questions at the inquest.
