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| Personal Injury and PIAB * |
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The law relating to personal injury claims underwent a major change with the introduction of the Personal Injuries Assessment Board Act in 2003.
The purpose of this single piece of legislation was to require everyone injured through the negligence of another to apply in person to PIAB (now called the Injuries Board) before they could bring proceedings for negligence against the party responsible for their injury.
The Injuries Board is a Government-established body which is empowered to assess the value of a claim.
In cases where the party against whom the claim is made admits responsibility for an applicant’s injury and where injuries are not complicated, the Injuries Board will make an assessment and award damages to the injured party.
Where the party against whom the claim is made refuses to allow the Injuries Board to make an assessment or award, or where the Injuries Board decides not to make an award, a claimant is entitled to institute legal proceedings in order to obtain redress.
Once the Injuries Board makes an award, it falls to the claimant to either:
(a) accept the award or
(b) refuse the award and institute proceedings
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| How we can help with your PIAB Application: |
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| The PIAB claim procedure does not allow for payment of legal fees where a claimant retains a solicitor to assist with his / her application for compensation except in limited circumstances. Examples of cases where fees and expenses may be allowed include, but are not limited to; minors, fatalities, uninsured drivers, where the identity of the driver is at issue. However, it is our practice to endeavour to recover expenses for the submission of the PIAB application and a fee note is submitted during the course of your PIAB procedure. |
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| Since the Injuries Board was established, our experience, has been that claimants come to us for assistance and are happy to avail of our experience and advice. With over 25 years' experience in personal injury litigation, we can assist claimants in the following ways: |
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 | We assess a claimant’s injuries and advise on the level of compensation that is likely to be awarded for a wide range of injuries. |
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| We interpret and advise on the content and adequacy of medical reports obtained from doctors who attend the injured party. |
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| We advise on liability. |
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| We assist in the completion of PIAB forms of application for compensation. |
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| We advise on the adequacy or otherwise of the Injuries Board award. |
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| We consider and advise you in relation to your chances of success in courts when an assessment is not made or is considered inadequate. |
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We are aware that many lay litigants who apply to PIAB for redress are refused compensation. We have the experience to offer comprehensive advice in such cases. We highly recommend that our advice is sought in such circumstances. It is important to remember that rejection by the party against whom you have claimed or refusal of an assessment by the Injuries Board does not mean that your claim will be unsuccessful in Court.
If you find yourself in this position contact Hilary O'Connor or Jennifer Whyte for assistance and advice. |
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| Personal Injury Litigation in the Courts * |
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| A consequence of the PIAB procedure has been that personal injury cases that are now brought before the courts fall into the following categories: |
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| 1. | Where persons against whom a claim is made refuse to participate in PIAB. In some cases this is because liability may be at issue and the Defendant may choose to defend the case in Court. | | 2. | Where a PIAB award is rejected by the claimant, for example, where injuries are ongoing and / or an award is inadequate and acceptance is not recommended by your professional advisors. | | 3. | Where a person against whom a claim is made rejects the award. In such cases, the claim proceeds to court. | | 4. | Where the Injuries Board refuses to make an assessment because it is difficult to assess the injury, for example, where the claimant’s injury is still ongoing, or in cases of psychological injury. |
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| Your contacts: |
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| * Irish solicitors may not calculate fees or other charges in contentious business as a percentage or proportion of any award settlement nor is it our practice to do so. |
