The claims process*
The Personal Injuries Assessment Board Act 2003 requires that all claims made against a third party/their insurers be processed with the Injuries Board within 2 years of the incident occurring.
If you have suffered any loss or damage as a result of third party negligence, you should seek professional advice as soon as possible to ensure that the claim is processed within this time limit.
At Brendan Kelly Solicitors our experienced litigation team will help you determine the strength of your case and explain the claims process at initial consultation.
If you wish for us to act on your behalf, we will then write to the third party and their insurers with regard to the nature of your injuries and you claim details and if necessary, we will arrange for medico-legal reports to be carried out as well as Garda and witness reports of the incident.
When you meet with our personal injury solicitors, they will begin the process by taking all of your contact information, before noting all the details of how your accident occurred, whether there were any witnesses and the full extent of your injuries.
We can then contact the party that we believe is responsible for your injury to begin the process.
Depending on the nature and extent of your injury, the process can take anywhere from six months to a number of years.
The Injuries Board
The Board is an independent statutory body set up under the Personal Injuries Assessment Board Act 2003. With the exception of cases involving medical negligence, all personal injury claims in Ireland must be submitted to InjuriesBoard.ie.
The Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person responsible (the respondent) does not consent to InjuriesBoard.ie assessing your claim for compensation, InjuriesBoard.ie will allow you to pursue your claim through the courts.
Claims are assessed on average within 7 months of the respondent consenting. Personal injury claims through the courts can take up to 3 years.
Claims are assessed using the medical evidence you submit from your doctor and, if necessary, a report provided by an independent doctor appointed by the Injuries Board. The assessment of the damages due is made having regard to the particular injuries you sustained and your circumstances. Guideline amounts for compensation in respect of particular injuries are set out in the Book of Quantum which was prepared for the Board in 2004.
If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts.
From 1 August 2014, under the Recovery of Certain Benefits and Assistance Scheme the Department of Social Protection can recover the value of certain illness-related social welfare payments from compensation awards. The benefits are recovered from the compensator and not from the injured person.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.