Official form guide
Form 40A.03 Personal Injuries Counterclaim
Form 40A.03 Personal Injuries Counterclaim is a court document used to start a counterclaim for personal injury against a claimant in an ongoing civil case. It is filed when you have been sued for personal injury and wish to claim damages from the other party.
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Form Overview
Courts Service of Ireland - Form 40A.03 Personal Injuries Counterclaim
Form 40A.03 Personal Injuries Counterclaim is a court document used to start a counterclaim for personal injury against a claimant in an ongoing civil case. It is filed when you have been sued for personal injury and wish to claim damages from the other party.
Risk Radar
Scan points- 1The most common mistake is filing the counterclaim after the court‑set deadline.
- 2Missing the filing deadline
- 3Leaving sections blank or incomplete
- 4Failing to serve the counterclaim on the other party
- 5Incorrect calculation of claimed damages
Plain English
If someone has sued you for a personal injury and you think they are actually at fault, you can use this form to turn the tables and claim compensation from them. It tells the court what you are claiming and why.
Submission Date
- Filing date: The counterclaim must be filed within the statutory period (usually 28 days) after service of the original claim, unless the court grants an extension.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- You have been sued for personal injury and want to claim against the claimant.
- The original claim is already before a civil court.
- You have supporting medical evidence for your counter‑claim.
- You need to set out a monetary amount you are seeking.
- You intend to serve the counterclaim on the original claimant.
Form selector
Use this form or another form?
You want to claim for breach of contract
Different cause of action
✓ Verify the cause before filing
You are filing a defence only, no counterclaim
Only a defence, no damages sought
✓ Use the defence form instead
You need to claim for property damage
Property damage, not personal injury
✓ Choose the appropriate property claim form
Deadline or filing window
The counterclaim must be filed within the statutory period (usually 28 days) after service of the original claim, unless the court grants an extension.
Before you submit
- 1All parties' full names and addresses entered correctly.
- 2Injury description matches medical reports.
- 3Damages amount calculated and clearly stated.
- 4All required attachments (medical reports, bills, witness statements) are included.
- 5Form signed and dated by the claimant.
- 6A copy served on the original claimant before filing.
- 7Correct court registry address used.
- 8Postage or online submission receipt retained.
- 9Stamped copy kept for personal records.
How to file this form
- 1Obtain Form 40A.03 from the Courts Service website or registry.
- 2Complete the form in black ink or via the online portal.
- 3Attach all supporting evidence and calculate the claimed amount.
- 4Serve a copy on the original claimant (personal delivery or recorded post).
- 5File the original with the appropriate court registry before the deadline.
- 6Obtain a filing receipt or stamped copy from the court.
- 7Store the receipt and a copy of the filed form safely.
Known limitations
- 1Form only covers personal injury counterclaims; other causes require different forms.
- 2Does not include instructions for electronic filing in all courts.
- 3Medical evidence must be current – outdated reports may be rejected.
- 4No guidance on complex multi‑party claims; separate applications may be needed.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 40A.03 is currently the latest version as of 2024. No recent amendments have been announced, but always check the Courts Service website for updates before filing.
What changed or needs a fresh check
- Check the form number and title on the first page.
- Confirm the court address and registry details are current.
- Verify the deadline period matches the court's order.
- Ensure the required supporting documents list is up to date.
- Look for any new instruction notes attached to the form.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm number and title taken from user input.
- SRCGeneral filing deadline (28 days) inferred from typical Irish civil procedure rulesnot confirmed in official source.
- SRCSubmission methods (online portal, post, in‑person) based on standard Courts Service practicenot confirmed in official source.
- SRCContent of sections captured (parties, injury details, damages) inferred from typical counterclaim formsnot confirmed in official source.
- SRCRisk and checklist items derived from common procedural pitfallsnot confirmed in official source.
Common confusion points
Mixing up Form 40A.03 with the standard defence form (40A.02).
Assuming the 28‑day deadline applies in every case without checking the court order.
Leaving the damages amount blank or using an unrealistic figure.
Failing to attach the required medical reports.
Not serving the counterclaim on the original claimant before filing.
Submitting to the wrong court registry.
Source transparency
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