What are the initial steps to make a claim?

1. How do I initiate a claim?

Since the establishment of the Injuries Board (previously known as The Personal Injuries Assessment Board) (PIAB) in 2003, it is no longer possible, with some exceptions, for parties injured in an accident to initiate court proceedings without first referring their claim to the Injuries Board.

There is no obligation on you to contact a personal injury solicitor following an accident.

However Mulroy & Company Personal Injury Solicitors advise, to ensure your rights are protected, that you always contact a Solicitor.

2. What is the Personal Board?

The Injuries Board is an independent body established in 2003 with the aim of assessing how much compensation is due to injured parties following an accident.

3. Who should apply to the Injuries Board?

According to the Injuries Board, anybody seeking compensation for a personal injury must first make an application to the Injuries Board.

4. Is it necessary for me to employ a Solicitor?

It is not strictly necessary for a claimant to the Injuries Board to employ a personal injury solicitor to act on their behalf.

However, it is strongly advisable that you seek legal representation.

It should be remembered that in most cases an insurance company that will have substantial legal resources at their disposal will often represent the other party.

5. Can minors make a claim to the Injuries Board?

Yes. A minor is usually represented by a parent or guardian (called a “next friend”) who makes the claim on his or her behalf.

In the event of the Injuries Board making an assessment of a personal injury claim for a minor, an application has to be made to Court to have the Injuries Board assessment approved.

6. Will the Injuries Board pay my legal costs?

As a general rule the Injuries Board will not pay legal fees and rarely do.

The advice from Mulroy Personal Injury Solicitors is simple – Never settle a personal injury claim without obtaining legal advice.

7. What do Mulroy and Company Personal Injury Solicitors charge for making the claim for me to the Injuries Board? 

The costs and outlays involved in taking a personal injury case will vary due to numerous factors which can arise in each case.

Mulroy and Company  Personal Injury Solicitors will carefully examine the facts of your claim and discuss with you the likelihood of a successful outcome before beginning your application to the Injuries Board.

Once we assess your claim Mulroy and Company  Personal Injury Solicitors will provide you with an Estimate of the fees involved.

Frequently in personal injury cases solicitors will agree to act on a ‘no foal no fees basis’, meaning if your claim is unsuccessful, you will not pay the costs of taking the claim. If you want to to understand what is meant by the term ‘no foal, no fee/no win, no fee’ you can read here.

You can read more about our fees here.

8. What happens if both parties accept the Assessment made by the Injuries Board?

If both the claimant and the other party accept the assessment, the Personal Injuries Assessment Board will issue an order to pay. This will then be binding on both parties.

9. What are general damages?

General damages include compensation for pain and suffering resulting from the injuries sustained in an accident.

10. What are Special Damages?

Special damages are expenses which are incurred as a result of an accident including loss of earnings, medical expenses, damages to a vehicle, pharmacy expenses etc.

11. Do I attend the Injuries Board?

No. The Injuries Board does not take oral evidence from you.

The assessment is based on documentation submitted by you including an application form and accompanying documentation, for example a medical report.

It is therefore important that these documents are submitted correctly and all relevant documents are submitted. For that reason, it is important to seek proper advice in this matter including instructing a solicitor if you deem it necessary.

12. How long do I have to make a Claim?

It is vital that if you intend to make a claim you must contact the other party to advise them within two months of the accident. Failure to do so may affect claims for costs at a later stage.

The normal timeframe within which you must make a claim is two years from the date of the accident. There are some exceptions to this including cases involving persons under the age of 18 years.

13. Does the Injuries Board deal with fatalities?

Yes. The Injuries Board also has competence to make assessments in respect of accidents where fatal injuries are sustained. In these cases, the family of the deceased person should initiate the process.

14. What happens if either party rejects the Assessment?

If either party rejects the assessment, then the Injuries Board will issue an authorisation that will allow the injured party to pursue their claim through the Courts system in the normal way, if they so wish.

It is necessary to contact a solicitor to ensure that legal proceedings are initiated, without delay.

Mulroy and Company Personal Injury Solicitors are here to help. Please do not hesitate to telephone us at 091 – 586760 or email us to discuss your claim.

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