The Injuries Board

How Moloney Solicitors can help you with some of the issues that will arise with the Injuries Board –

• We will can advise you in relation to time limits for lodging the claim and ensure your claim is lodged within those time limits
• Getting complete and proper medical reports that deal with all aspects of an injury
• Getting proper specialist reports
• Getting information in relation to out of pocket expenses and loss of earnings
• Dealing with the issue of liability at the first consultation and the importance of getting preservation orders, making sure that evidence is not destroyed
• Advising claimants in relation to the statute of limitations
• Advising claimants of the impact of rejecting or accepting an assessment
• View our Injuries Board Estimator to see what compensation you should expect to receive.

Liam Moloney will be happy to talk you through the process of making a claim and would be happy to answer any questions or queries you have. Telephone us now on 045 898000 or complete one of our online personal injury claim forms. 

 What is the Injuries Board?

The Injuries Board is an independent body which assesses the level of compensation that people should receive who have suffered personal injuries.

The Injuries Board can only deal with cases where there is no dispute on liability. The Injuries Board never hear from claimants as to how their injuries have affected them. They rely solely on medical reports furnished to them. The Injuries Board deal with motor accident and public and employer liability claims.

What does the Injuries Board procedure involve?

All personal injury claims (except medical negligence claims) must be lodged with the Injuries Board within two years from the date of the accident. A form is completed by your Solicitor and lodged with the Board together with a medical report and a cheque for €45.00. Once the claim is registered with the Board the statute of limitations is stopped. The Injuries Board then forward a copy of the application to the respondents and/or their insurance company requesting their consent to the Board making an assessment of damages.

What happens after the claim has been registered with the Injuries Board?

If the other side consent to the assessment, the Injuries Board may arrange for the claimant to be independently examined by one of their own panel doctors. The Injuries Board do not have the legal authority to force a claimant to undergo this examination but in some cases it is advisable for the claimant to consent to the examination. Failure to go to the appointment may mean that the Injuries Board make an assessment that does not properly reflect the injuries sustained.

If the other side refuse consent to the Board making an assessment then the Board will issue an authorisation which entitles the claimant to issue legal proceedings through the Court system. If the case is settled or if an award is made by the Court the other side will have to pay the majority of the claimant’s legal costs. This authorisation once issued allows the claimant a period of 6 months within which to issue Court proceedings.

PIAB Process and Book of Quantum

The respondent has 90 days from the issue of the formal notice to it to respond to the Board in writing stating that it agrees to an assessment being made. It costs the respondent €850.00 to participate in the process. If the respondent does not respond in that time it will be deemed to have consented to the assessment.

If the respondent agrees to the assessment the Board will assess compensation paid to the claimant for pain and suffering in accordance with the Book of Quantum. This book contains a guideline of injuries and their relevant values. The Board must make an assessment then within a period of 9 months which can be extended to 15 months. The claimant and respondent are informed of the amount of the assessment after the expiration of that time.

What Happens if I Reject the Assessment?

If either the claimant or respondent reject the assessment then the Board must issue an authorisation to allow Court proceedings to be issued.

The claimant has 28 days to write to the Board to accept or reject the award.

What Compensation Should I expect to Receive?

The Injuries Board has prepared an estimator which is intended to provide injury victims with guidelines in relation to the value of their injury claim. Each case, however, is considered on its own merits which take into account the individual circumstances of each injury victim such as age, occupation, severity of the injury, the impact of the injury and the prognosis for recovery. The estimator set out below is a visual display of the information contained in the book of quantum prepared by the Injuries Board. This is not to be taken as a definitive guarantee of this level of compensation in each and every case.

Why Should I Use a Solicitor To Make the Application On My Behalf?

The Injuries Board only make awards based on medical reports. It is crucial that comprehensive and exact medical reports are obtained which deal with all aspects of the claimant’s injuries. Sometimes reports can be very brief and will not adequately deal with future prognosis. As the Injuries Board will never hear from a claimant all of the award is based on the contents of the medical reports. There is a substantial difference between a GP’s report and a Consultant Orthopaedic Surgeon’s report. It is important that each claimant is advised about the level of damages that they can expect to receive.

If you have had an accident and completed an application form and are considering lodging the claim yourself, please contact Liam Moloney Solicitor in this office as soon as possible.

Our firm does not charge a fee for the first consultation and feel free to contact us today at 045 898000.