Most personal injury claims arise from road traffic accidents, accidents at work or accidents at public places. These claims can usually be dealt with through the Personal Injuries Assessment Board. In order to have your case assessed please fill in a consultation form. This can be done now or in a free one to one consultation with one of our solicitors.
Consult with a solicitor as to whether a third party is responsible for an accident and therefore liable to compensate you for your injury and loss and to ensure that you are within the time limits to make a claim. An injured party has two years from the date of the accident in which to make their claim.
If necessary, obtain a Garda Abstract report. If the Gardaí attended the scene of the accident they will have the third party’s information, such as name, address and insurance details. If there is an issue with liability, a Garda Abstract may contain a sketch of the accident and statements from the party’s involved and any witnesses.
If the matter relates to an accident at a public place, such as a trip and fall on an uneven pathway, we recommend an engineer’s report investigating the cause and liability. The cost of an engineer’s report will not be recovered from the personal injuries board and is an extra, but sometimes necessary, expense.
Notify the third party by Registered Post. Under the Civil Liability and Courts Act, 2004 a personal injury claimant is obliged to notify a third party, and for that matter their insurance company, within a period of two months of an accident occurring, or as soon as “practicable thereafter”, of a personal injury claim. If the third party is potentially uninsured, the Motor Insurers’ Bureau of Ireland (MIBI) should be notified.
Answer the third party insurance company’s questions. The questions generally asked are contained in our Consultation Form.
Take up a medical report from the treating doctor, which sets out the injuries sustained and the expected recovery time. It is important not to take up a medical report to early and it is typically done 10-12 weeks post-accident, depending on the extent of injury.
Calculate ‘Special Damages’. These are out of pocket expenses which accrued as a result of the accident, for example, hospital charges, G.P. consultations, physiotherapy, medication, loss of earnings, travel expenses etc. Please keep receipts for all ‘out of pocket’ expenses.
Send all reports to the third party insurance company and endeavour to negotiate the best possible settlement.
Submit an application to the Personal Injuries Board. This can be done by post or online through the solicitor’s web portal. Once an application is accepted by the injuries board the third party have 90 days to respond and can either consent to the injuries board assessing the claim or reject it. If the third party consent to the assessment, the injuries board have nine months (which can be extended to fifteen months) in which to have the matter assessed. The parties can continue to negotiate while the matter is with the injuries board.
The injured party has 28 days in which to either accept or reject the award of damages made by the Injuries Board. The third party has 21 days in which to accept or reject the award. If either party chooses to reject the award the Injuries Board furnish an Authorisation which allows the injured party to issue proceedings in court.
Consult with our client on whether to accept or reject the award of damages. If either party rejects the award we advise on whether to issue proceedings in the District, Circuit or High Court.
The Personal Injuries Board provide a book of Quantum, which is a guideline to the amount of compensation awarded for various injuries. You can download the Book of Quantum here.