How to respond to a personal injuries claim and respond to the personal injuries board is something which many small business owners will have to encounter at some point.
(Check out Solicitors Dublin also)
It is important to note that where liability is denied or contested by the person against whom you are making a claim the Injuries Board will issue an authorization allowing you to initiate Court proceedings and their involvement is at an end.
It is useful to understand how the personal injuries system works.
How to make a claim
Under the Personal Injuries Assessment Board Act 2003, anyone intending to seek compensation for a personal injury (other than a personal injury arising out of medical negligence) must make an application to InjuriesBoard.ie, formerly known as the Personal Injuries Assessment Board (PIAB).
InjuriesBoard.ie handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving public liability.
As soon as possible following an accident you should contact the Respondent and notify them of your intention to make a claim. It is advisable to notify the Respondent, in writing, within two months of the accident.
To make a personal injuries claim you then need to submit an application to InjuriesBoard.ie which you can do online or by post.
You need to send in to injuriesboard.ie
- A completed application form (Form A) which can be submitted online or by post.
- A medical assessment form (Form B) completed by your treating doctor. This can be submitted by you online or by post.Payment of €50
How long do I have to make a Claim?
Generally within 2 years of the accident (but there are exceptions eg if you were under 18 when you were injured)
How long does it take to process a claim?
Normally injuriesboard.ie will issue an assessment within 9 months of receiving the application.
If the injured claimant is under 18 he/she will need a ‘next friend’ to make the claim for him/her and all of the necessary forms can be found online at injuriesboard.ie
Before a person under the age of 18 can receive an award of payment following an assessment, his/her payout must be firstly approved by a court.
When the Application is complete i.e. application, medical assessment form and €50 fee received, injuriesboard.ie will acknowledge the date of receipt and confirm the Application number.
InjuriesBoard.ie will notify the person you hold responsible for your injury (the Respondent) of your intention to make a claim against them. The Respondent will be provided with a copy of your Application Form and also a copy of your Medical Report.
The Respondent has 90 days to confirm whether or not they consent to the assessment of your claim. If injuriesboard.ie receive consent from the Respondent they will proceed with the assessment of your claim.
If the Respondent does not consent to the assessment of your claim injuriesboard.ie will issue an Authorisation permitting you to pursue your claim through the Court system if you so wish.
Whats an Assessment?
Normally an assessment comprises of General Damages and Special Damages (the latter are vouched expenses such as doctors bills, hospital fees, loss of earnings etc.)
InjuriesBoard.ie will arrange, where necessary, an Independent Medical Examination shortly after the Respondent has consented to the assessment of your claim.
Generally InjuriesBoard.ie will inform you or your representative of the appointment with the Independent Doctor within four weeks of the Respondent having consented to the assessment of your claim.
The Respondent has 90 days from the date that injuriesboard.ie issues the Formal Notification to consent to the claim. If you have not received an appointment within four weeks of this date you should contact InjuriesBoard.ie or your representative for further information
An Independent Medical Examination is arranged to ensure that the Assessment of your claim is based on the most accurate and up to date information available and that this Assessment reflects the true value of your claim.
It will ensure that you receive the correct level of compensation.
If full up to date information in relation to your injuries is not available together with all of your out of pocket expenses your assessment will not reflect the full value of your claim.
A copy of the Independent Medical Report(s) received by InjuriesBoard.ie will be issued to you with our Notice of Assessment.
General Damages
These are intended to cover compensation for pain and suffering resulting from injuries which you sustained in your accident. There is an estimator on the website of injuriesboard.ie
Special Damages
Special Damages are any expenses that you have incurred as a result of an accident which can be vouched such as loss of earnings, doctors fees, hospital bills etc
How is the assessment made?
The claim is assessed on the basis of the medical examination/report and the book of Quantum which you can access on injuriesboard.ie
If you accept the Assessment, you must acknowledge this in writing to InjuriesBoard.ie.
If the Respondent also accepts the Assessment injuriesboard.ie will issue an ‘Order to Pay’. This has the same status as an award of Court.
If you do not reply in writing within the 28 days, you will be deemed to have rejected the Assessment If either of the parties reject the assessment then injuriesboard.ie will issue an Authorisation which allows you pursue your claim through the Court system.
What is an Authorisation?
An Authorisation is a legal document issued to you which entitles you to pursue your action through the Courts system, if you so wish. Bring this to your solicitor if you decide to reject the award of injuriesboard.ie
An Authorisation will be issued if:
The Respondent has declined to let the claim proceed to assessment from the outset
Or
The Assessment has been rejected by either you or the Respondent.
Respondent’s reaction
The respondent should advise his insurance company as soon as possible and when he receives the Formal Notice from injuriesboard.ie either the respondent or insurance company of the respondent can deal with the matter with injuriesboard.ie
The respondent can agree and accept the claimant’s application and agree to assessment by injuriesboard.ie who then issue an order to pay which has the same effect as a court order.
If the respondent does not agree then he can reject the assessment and injuriesboard.ie will issue an authorisation for the claimant to pursue his claim through the courts.
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