The Injuries Board, also referred to as the Personal Injuries Assessment Board (PIAB) was set up in 2004 under the Personal Injuries Assessment Board (PIAB) Act 2003 by the Irish Government to evaluate and assess personal injury* claims. Its objective was to reduce the amount of time it takes for a personal injury* case to be finalised and save time and money.
Data produced by PIAB indicates that since its introduction, it has managed to significantly reduce the amount of time it takes for a personal injury claim. The time periods have reduced from approximately three years to 9 months, in many cases.
How do you apply?
The Injuries Board application process can be undertaken without the need for a solicitor. However, a solicitor will know best how to complete the injuries board application. By engaging a solicitor, you are ensuring that your claim runs smoothly and that everything needed to assess your claim fully is submitted to the Injuries Board. The Law Society of Ireland recommends that people who are making a personal injury claim engage a solicitor in their dealings with the Injuries Board. ‘Legal representation is necessary to guarantee the rights of victims of accidents against the interests of big business and the insurance industry.’
It is important to be aware that the Injuries Board cannot help you in completing the application form.
When you meet with a solicitor you should have the following information:
1. Details of the accident such as date, time, location
2. Details of the injury such as how you were immediately after the accident, when did you seek medical attention, bring any photographs to your meeting
3. Details of any previous injuries/conditions/accidents
4. List of expenses incurred as a result of the accident. These can include the following:
- Loss of wages, if absent from work due to injury – this should also include future loss of earnings
- Medical expenses
- Out of pocket expenses
5. Information regarding who is responsible. It is essential that you have identified the correct person at fault before you submit your application.
Next Steps
1. Your Solicitor will apply for a medical report to confirm your injuries. This report is obtained from the medical practitioner that treated you for your injuries. This report usually contains the details of your injury, a prognosis from the doctor, estimated time for recovery and also details of necessary treatment needed for your recovery.
2. Meet with your solicitor to complete the Form A application form for the Injuries Board.
Your solicitor will send this form along with copies of any medical reports and details of any expenses incurred to the injuries board. The Injuries Board will then acknowledge receipt of the application. The Board will issue a reference number for your application. They will then notify the person/company of your personal injury claim against them. They will also send a copy of your application form and medical report to the person/company responsible for the accident when notifying them of your claim. The person or company responsible will have three months to decide if they are happy for the Injuries Board to assess your claim. If they consent the Injuries Board have a further period of nine months to assess your claim. If they cannot assess your claim in the initial nine-month period, they will notify you and the person at fault that they need an extension on this time to review and assess your case. If the person or company responsible do not consent, then you move to issuing court proceedings.
If the Injuries Board finds in your favour, they will suggest a compensation amount to be paid to you by the person or company responsible. Injuries Board offers cannot be negotiated, you either accept or reject them. Whether both parties agree to the suggested compensation amount will determine the next steps in your injury claim. It is important to note that you only have 28 days to decide if you will accept or reject this amount. If you and the person at fault for your accident agree to accept the compensation amount, the Injuries Board will issue an ‘Order to Pay’ which orders the person at fault to pay the compensation to you. However, if you, or the person at fault, do not agree with the Injuries Board suggested compensation amount then you will be issued with an Authorisation to allow you to issue court proceedings.
Time Limits
You have a two-year time limit in which you have the opportunity to make a personal injury* claim. The two-year period starts from the time the accident had occurred. For example, in a road traffic accident, it is the date the accident occurred. If you do not start the claims process in the specific period, then your claim will no longer be enforceable.
However, in some instances, a person may not know that they have been injured and, in these situations, the two-year time limit starts from when the person becomes aware of their personal injury.
Please do not hesitate to telephone us on 091564973 or email lhoward@lhsolicitors.ie should you wish to discuss any aspect of the Injuries Board process.
