The Injuries Board was set up in Ireland in 2004 by the Irish Government. The purpose of the Injuries Board is to assess all personal injury claims without the need of resorting straight to legal action. In theory a claimant can go directly to the Injuries Board and handle a claim themselves but by doing this they will not get the expert knowledge and assistance of specialist Personal Injury Claims Handlers that are working directly for them.
The Irish Injuries Board looks to resolve Personal Injury Claims without the need for what they consider to be time consuming and costly legal action. The Injuries board Ireland is a self funded entity that employs highly trained and dedicated claims assessors. The Injuries Board currently looks to resolve all claims submitted to them within a 9 month period. Prior to the launch of the Injuries Board a Personal Injury Claim had to be litigated through the courts which on certain cases could take as long as 3 years. The Injuries Board act as mediators between the claimant and the plaintiff. They look to resolve compensation disputes without the need for litigation. They will assess all aspects of the accident or issue in question and attempt to broker a settlement that is agreeable by all parties involved. If an amicable resolution is not found or agreed to during the PIAB process however then the matter is taken out of PIAB and litigation through the courts is the only alternative resolution process. It is because of this very reason that many claimants will look to have a Personal Injury Solicitor acting on their behalf during the injuries board process. They will have the experience and expertise to guide a claimant through what can be a daunting experience and they will fight to ensure their clients receive the maximum levels of compensation that they are entitled to. Solicitors specialise in this area of law and will have the expertise to negotiate and advise their clients to ensure they get what they are legally entitled to. If this cannot be achieved through PIAB then they will have the ability to pursue this matter legally through the courts. At present approximately 50% of all applications that go through the Injuries Board end up being pursued in the court system. This is something to consider when evaluating whether or not it is advisable to have a personal injury solicitor working with you from the very beginning of your claims process.
Regardless of whether you have a standard or complex case you will have to submit your claim to the Injuries Board. This is a requirement of law. The application process can be submitted from the Injuries Board website or done by post. In both scenarios you will need to have all the relevant details relating to your claim including dates, injuries, respondent details and medical reports in order to submit your case. The application process can be handled directly by a claimant but many people choose to employ a Personal Injury Claims handler that will handle this process for them. As part of the application process an individual must also include a medical report from their doctor verifying the injuries sustained as a result to of the accident. The cost of a medical report can vary but will usually cost between €300-€500+vat on average. Once your application has been submitted along with the €45 processing fee the injuries board process begins. If you decide to use a personal injury solicitor they will usually cover all upfront costs associated with making your claim as well as handling all case preparation, submissions, handling and administration requirements as part of a no win no fee service.
STEP 1 – Verify that you have a valid claim. You can either contact the injuries board directly or speak with a personal injury solicitor that can advise you on whether or not you have a valid claim. Once your case is valid the preparation of your claim and the submission process will begin. All application forms, medical reports, incident statements and Garda reports if applicable must be prepared either by you or the solicitor handling your case and submitted to PIAB along with payment for the application fee.
STEP 2 – The Injuries Board receives your application and notifies the third party of the claim. If you have chosen to represent yourself you will be responsible for handling all communication relating to your claim received from the Injuries Board or the third party. If you have instructed a solicitor to represent you then they will deal with all matters on your behalf.
STEP 3 – The third party will have to acknowledge your claim and agree to the claim being reviewed by the Injuries Board. If they do not then you will need to engage personal injury solicitors to handle this application through the courts if you do not already have one acting on your behalf.
STEP 4 – The Injuries Board may instruct an independent consultant to carry out a medical examination on you to verify the injuries in question. This is the standard process so that the injuries board and third party can quantify the damages sustained and being claimed for as part of your application.
STEP 5 – The Injuries Board make a recommendation on the monetary value of your compensation claim. If you are acting for yourself you will need to assess and negotiate the compensation settlement to ensure you receive a fair and suitable offer. If you have a solicitor they will do this for you taking all loss of earnings, damages and additional costs into consideration so that you receive the maximum levels of compensation you are legally entitled to.
STEP 6A) – If after evaluating the offer you are happy to accept the compensation being presented by the third party you will notify the Injuries board they will issue acceptance documentation which you will be required to sign and return. Once this is receive by the injuries board a settlement cheque will be issued in due course and the matter will be concluded.
STEP 6B) – After careful evaluation you have decided that the compensation amount offered is not adequate to cover your injuries and losses and you wish to lodge a claim in the Irish courts. If you do not already have legal representation at this time you will need to engage specialist personal injury solicitors to litigate your claim through you through the courts.
The Injuries Board process is designed to be an easy to use and follow process but this can still be a very daunting experience for many claimants. During a time when they will be suffering from injuries, stress and strain they may not wish to further complicate their situation by handling and negotiating their claims settlement. This is why many claimants prefer to use personal injury solicitors to represent them and handle all matters relating to their claim. This allows them to focus on recovery rather than the administration, negotiation and settlement of their claim which can become a serious distraction. By engaging a solicitor you will get professional support and expertise throughout the Injuries Board process and they will handle all aspects of your claim from start to finish. This includes claims preparation, submissions, document handling, third party communications and in many cases the financial support to cover the upfront medical and application costs. whilst also usually covering all upfront costs associated with submitting your claim.
How long does the process take?
The Injuries board look to administer and resolve claims within a 9 month period. These timeframes can vary however depending on the circumstances of the claim. Remember the injuries board are a mediator so they will also be bound by how quickly the third party and their insurance company respond to the matter and their willingness to settle.
What sort of compensation can I expect?
The injuries board have the ability to offer both large and small compensation settlements. The amount of compensation offered however will depend on your claim, injuries and the application presented to them. The average compensation figure at present is approximately €22,000.
Should I handle the Injuries Board process myself?
The application process for the injuries board is extremely important. The claim file, documents and calculations on damages presented to them are effectively how you are presenting your claim, injuries and inevitably the monetary value of your claim. if you are capable and maybe more importantly willing to handle this matter directly them you will always have this option. If you would prefer to have a specialist solicitor representing you from start to finish and handling all claims handling, administration, progression, negotiation and settlement then that is the way forward. Man claimants wish to focus on their recovery and see the injuries board process as an unnecessary source of stress and strain. It is worth noting that up to 50% of all PIAB applications end up in court where you will need a solicitor to represent you. It is always advisable to speak with a solicitor prior to commencing the injuries board process so that you can discuss their services and costs in detail. You will then have enough information at hand to decide what option is best for you.
What happens if I reject the injuries board settlement offer?
In this instance you will need to issue legal proceedings to lodge your claim in the Irish courts. Whether you have chosen to have a solicitor to represent you during PIAB or not you will now need one to pursue this matter legally for you. Legal action for personal injury claims can take a number of years to progress and settle depending on the complexity of the case in question. Claims being litigated enter a far more complex process and you should always speak with a solicitor in advance of starting the injuries board process so that you fully understand the overall process you are about to enter into.
