The Injuries Board, also known as the Personal Injuries Assessment Board (PIAB), is an independent statutory body in Ireland responsible for assessing personal injury claims. If you’ve been injured due to someone else’s negligence, understanding the Injuries Board process is essential for obtaining compensation. Here’s a detailed guide on how the process works:
1. Making a Claim
Application Submission:
Form A: Begin by completing the application form (Form A), which can be done online or via post.
Supporting Documents: Submit supporting documents, including medical reports, a detailed description of the accident, and any evidence of expenses incurred.
Application Fee:
Pay the required application fee, which is €45 if submitted online or €90 if submitted by post.
2. Notification and Response
Notification to Respondent:
Upon receiving your application, the Injuries Board will notify the respondent (the person or entity you are claiming against) and provide them with a copy of your application.
Consent from Respondent:
The respondent has 90 days to consent to the assessment of the claim by the Injuries Board. If they do not consent, you will be issued an authorisation to take your case to court.
3. Assessment Process
Medical Examination:
The Injuries Board may arrange for an independent medical examination to assess the extent of your injuries. This is a critical step to ensure an accurate evaluation of your claim.
Assessment of Compensation:
Using the medical reports and other evidence, the Injuries Board will calculate the compensation amount based on the Book of Quantum, which provides guidelines for compensation amounts for various injuries.
4. Decision and Award
Assessment Notification:
Once the assessment is complete, both you and the respondent will receive a Notice of Assessment detailing the amount of compensation.
Acceptance or Rejection:
The Respondent has 21 days to accept or reject the assessment. The Claimant has 28 days to accept or reject the assessment. If both parties accept, the compensation is paid out by the respondent. If either party rejects the assessment, the Injuries Board issues an authorisation to proceed to court.
5. Payment of Award
Compensation Payment:
If the assessment is accepted, the respondent is required to pay the awarded amount within a specified period, typically within 28 days.
6. Post-Assessment Options
Court Proceedings:
If either party rejects the Injuries Board’s assessment, you have the option to bring your case to court. The authorisation issued by the Injuries Board allows you to proceed with legal action.
Settlement Negotiations:
Even after the Injuries Board process, parties may continue to negotiate a settlement without going to court.
Key Points to Remember
Timely Submission: Claims must be submitted within two years of the date of the accident or from the date you became aware of the injury.
Comprehensive Documentation: Ensure all necessary documents and evidence are submitted to support your claim.
Legal Advice: Obtaining legal advice can help you navigate the process effectively and ensure your interests are protected.
If you need assistance with making a claim or navigating the Injuries Board process, contact our experienced solicitors today for expert guidance.
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