Under the Personal Injuries Assessment Board Act 2003, the Personal Injuries Assessment board was created. This is an independent statutory body in Ireland that will assess personal injury compensation. If you want to make a personal injury claim in Dublin then it is necessary for your claim to be submitted to the Personal Injuries Assessment Board. The only exception is if you are involved in a medical negligence case.
The Personal Injuries Assessment Board will allow you to seek an independent assessment for your personal injury claim if you have been involved in a road traffic accident, accident in the workplace or a public liability accident. However, if the respondent does not consent to this assessment by the Personal Injuries Assessment Board, you will be able to bring your claim to the courts.
Normally, you can expect your claim to be assessed by the Personal Injuries Assessment Board within seven months once the respondent has consented. If your claim is going through the court system if there is no consent, known as litigation, this can take longer. This claim could take up to three years.
The medical evidence that you submit and that is from your doctor will be used for assessing your claim. There are some instances when an independent doctor will be required for a report and this will be arranged by the Personal Injuries Assessment Board. Taking into account your injuries and individual circumstances, an assessment of the damaged will be made. The Book of Quantum can be seen to examine the guideline amounts for compensation. If the respondent does not agree with the Personal Injuries Assessment Board’s reward, the claim can go to the courts by referral.
If you have suffered psychological injury in the accident, this is not suitable for assessment during the Personal Injuries Assessment Board’s procedure. Under section 17 of the Personal Injuries Assessment Board Act 2003, you may gain permission to take your claim to court.
Due to the Recovery of Certain Benefits and Assistance Scheme, there is the possibility to recover some illness-related social welfare payments. This can be done by the Department of Employment Affairs and Social Protection and compensation can be recovered from the compensator.
Rules to Follow
There is a time limit on claims set by the Civil Liabilities and Courts Act 2004. This means that you have two years from the date of the accident to make a claim. However, it is best to send your claim in writing and by registered post to the person you believe to be responsible for your injuries within two months of the accident. This should not affect your application to the Personal Injuries Assessment Board, but it can make a different if you have to go to court later on.
You will receive a receipt from the Personal Injuries Assessment Board when they receive your application. This will have the fee and application number on it. The Personal Injuries Assessment Board will then take the next step to inform the other party that you believe is responsible for the injury about the claim. The respondent is given 90 days to accept and consent to the assessment of the claim by the Personal Injuries Assessment Board. However, if they do not consent, you will be given Authorisation by the Personal Injuries Assessment Board. Authorisation is a legal document that will allow you to take your claim to the courts. It is your decision whether you do this.
You will have the choice whether you accept or reject the award given by the Personal Injuries Assessment Board. You have 28 days to make your decision. To accept your compensation, you should accept in writing to the Personal Injuries Assessment Board. If you fail to write to the Personal Injuries Assessment Board in 28 days, it is automatically assumed that you reject the compensation.
The other party will have 21 days to response to the assessment, either by accepting or rejecting the decision made by the Personal Injuries Assessment Board. If they fail to reply within this time, it will be assumed that they accept the assessment that has been made. Once both parties have accepted the assessment, an Order to Pay will be used by the Personal Injuries Assessment Board.
Rates for Application
You can expect there to be a charge of €45 for an application to the Personal Injuries Assessment Board. Respondents can expect to pay a fee of €600 to allow for an assessment to take place by the Personal Injuries Assessment Board. If you do have insurance in place, they will cover this fee.
Making an Application
It is important to send your personal injury claim online or by post to the Personal Injuries Assessment Board. This should include an application form and a medical assessment form. This makes up Form A and Form B. Payment should be made by telephone or online when you are submitting your application. It is possible to send a cheque or postal order.
Receipts for any financial loses that you have should be included with the other forms and documents. This will ensure they are part of your personal injury claim.
McSweeney are experienced in all types of injury claims including: Motorcycle Accident Claims, Cycling Accident Claims, Road Traffic Accident Claims, Car Accident Claims, Accident At Work Claims and Fatal Injury Claims in Dublin. Get in touch today for more information.
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