Injuries Board Claim

This Web site is dedicated to providing you with all the information you need to make your Injuries Board Claim

Since the the Personal Injuries Assessment Board Act 2003 came into force in 2004, any member of the public intending to seek compensation for a personal injury is obliged to submit their claim to the Injuries Board.

Formerly known as the Personal Injuries Assessment Board (PIAB) the Injuries Board deals with personal injury claims relating to personal injuries sustained as the result of road traffic accidents, workplace accidents and public liability claims. Prior to the issue of any court proceedings Personal Injury Claims have to be assessed by the Injuries Board.

Who should make an Injuries Board Claim?

Any member of the public who is intending to seek compensation for a personal injury sustained as a result of the negligence of another party (other than a personal injury arising out of medical negligence) must apply to the Injuries Board.

Does the Injuries Board assess all Personal Injury Claims?

Yes. The only exception to this rule are hospital and medical negligence cases. Medical negligence is perhaps more complex that any other genre of personal injury law and this fact that is recognised by the Irish legal system. The Personal Injuries Assessment Board will refuse jurisdiction in respect of such cases.

Do I need a solicitor in order to make an Injuries Board Claim?

There is no obligation to engage a solicitor and the Claimant has the option to deal directly with the Injuries Board. It is, however, in your best interests to engage a solicitor to deal with the case on your behalf. A solicitor is an experienced professional who will advise on all aspects of the case, ensuring that an appropriate medical report is commissioned, your Injuries Board application forms are completed correctly, and that the application is submitted within the relative time period.

Most importantly of all, however, a solicitor having considered the medical reports commissioned on behalf of the client, and all of the circumstances of the case, will be in a position to assess whether the compensation figure that is suggested by the Injuries Board represents a fair and reasonable amount for their client. If a solicitor feels that this figure is too low he or she will advise the client to reject it and to proceed with court action.

For free expert legal adviceon your case, talk to us now by calling our advice line on 1800 911 940, or fill in our call back form at the bottom of this page.

How do I make an Injuries Board Claim?

To make a claim on behalf of a Claimant, a solicitor will complete and submit the following documentation:

  1. A completed application form.
  2. A medical assessment form that has been completed by the doctor who has treated (or is currently treating) the Claimant.
  3. Cheque for €50 (the application fee).

Can Minors (those under the age of 18) make an Injuries Board Claim?

Yes. Like any other claim, those involving Minors must be made to the Injuries Board. The procedure for a compensation claim by a minor is that proceedings are in fact issued in the name of his or her parent or guardian who acts as his or her ‘next friend’.   

The Injuries Board will assess a claim brought on behalf of a Minor in the normal manner. However, unlike the normal procedure in an adult case, any assessment that has been accepted by both parties must also be approved by a court before the respondent can be directed to pay the relevant amount of compensation. This means a child will need legal representation at some stage. (We recommend from the start.)

Can an Injuries Board Claim be made if the other driver is uninsured or unknown?

Yes, but the solicitor should first contact the Motor Insurers Bureau of Ireland (MIBI), a body which exists to protect victims of road traffic accidents when the party at fault is untraced or uninsured. The MIBI can act as the ‘insurer’ of the unknown or untraced driver and can, if appropriate, make a compensation payment to the victim.

Will an Injuries Board Claim go to a “hearing”?

No. The Injuries Board process involves a “documents only” procedure and there is no oral hearing. If the assessment is rejected by either party, however, the claim will then be made via court litigation which may result in a court hearing of your case. This is another reason why we would recommend you have expert legal representation from the start.

For free expert legal adviceon your case, talk to us now by calling our advice line on 1800 911 940, or fill in our call back form at the bottom of this page.

What happens when the Injuries Board receives a completed claim application?

The Injuries Board examine the Application and its supporting documentation (e.g. the relevant medical report). Upon receipt of the completed application, the Injuries Board are obliged to acknowledge the date of receipt and will confirm an individual Application number for the case.  The Respondent (i.e. the party at fault for your accident) must confirm within 90 days whether or not they consent to the assessment of the claim. If the Injuries Board receive the said consent, they will proceed with the assessment of the claim.

What happens if the Respondent does not agree to the assessment of a claim?

If the Respondent does not agree to the Injuries Board making an assessment of the claim, they will issue the applicant with an Authorisation which will enable him or her to instruct solicitors to pursue the claim through the Courts.

What are General Damages?

General Damages cover compensation for “pain and suffering” resulting from injuries which were sustained by the applicant in the accident.

What are Special Damages?

Special Damages are any “expenses” that an applicant has incurred as a result of an accident. Special Damages include matters such as medical expenses, loss of earnings, out of pocket expenses, and costs concerning damage to vehicles. In more serious cases special damages may also include, for example, future loss of earnings.

How is an Assessment made?

The Injuries Board assess damages on the same principles used by the Courts. Assessment is based on the medical report(s) submitted by the claimant’s doctor and the report(s) of the independent medical examiner(s) if sought by the Injuries Board.

How long does it take for an Injuries Board Claim?

After receipt of the relevant medical reports commissioned by an applicant or his or her  solicitor, the necessary documents are lodged with the Injuries Board. At this point the Respondent (i.e. the defendant or the party at fault for the accident) must agree to an assessment being made by the Injuries Board. If they do not agree, the Injuries Board take no further part in the claim, and a solicitor can then be instructed to issue Court Proceedings on behalf of the applicant for personal injury compensation.

If the Respondent consents to  an assessment by the Injuries Board, They will normally issue an assessment within 9 to 15 months from the date of the Respondent’s agreement to the Injuries Board process. There is no oral hearing. The assessment is made only on the documents (largely the medical report) submitted. If the Injuries Board assessment is accepted and the other side is willing to pay it, then the case is concluded on that basis. If, however, either party does not accept the Assessment, then the claim can proceed to court.

Most cases, other than the most straightforward ones, go to this next stage. This is why over 90% of claimants use the services of a solicitor. It is also worth noting that the Injuries Board will not pay for legal costs but a court will. This means that if you do not accept the Injuries Board assessment you almost always negotiate a higher award and have your legal costs paid!

For free expert legal adviceon your case, talk to us now by calling our advice line on 1800 911 940, or fill in our call back form at the bottom of this page.

Can a vehicle damage claim be settled directly with the respondent?

Yes. The Injuries Board deals primarily with the personal injury aspect of any case. Vehicle damage and any other agreed Special Damages may be settled at any stage of the process without affecting the Personal Injury claim.

It should be noted however that we would recommend you use a solicitor to negotiate your vehicle damages and other special damages, because without one, the insurance company will very likely try to reduce your claim.

What time limits apply to making a claim?

Normally a claim must be made within two years from the date of the accident. There are exceptions to this for minors and some other categories of cases. A solicitor will be able to advise as to the exceptions and differing categories of cases.

Do the Injuries Board deal with Fatality cases?

Yes. The Injuries Board assesses cases involving Fatalities. A close family member can normally make the claim on their own behalf and on behalf of the dependants of the deceased. However, again it is advisable to seek expert support from a solicitor, because in the case of a death there can be major expenses involved, such as loss of future earnings, and change of lifestyle for the surviving dependent family members.

For free expert legal adviceon your case, talk to us now by calling our advice line on 1800 911 940, or fill in our call back form at the bottom of this page.

What happens when the claim Assessment is completed by the Injuries Board?

The Injuries Board will inform both the Claimant and the Respondent in writing of the amount of the Assessment i.e. the level of compensation they suggest. Claimants must accept the award within 28 days, and Respondents have 21 days in which they can accept the award.

What happens if both Claimant and Respondent accept the Assessment?

If both parties accept the Assessment, the Injuries Board will issue an ‘Order to Pay’. This has equal status to an award of Court. The respondent will be obliged to pay the relevant compensation in full and final settlement of the claim, and when paid this is the end of the matter.

What is the procedure if either party rejects the Assessment?

Either party is entitled to reject the assessment made by the Injuries Board. Should the assessment be rejected, the Injuries Board will issue an Authorisation which allows the claimant to pursue their claim through the Court system if they so wish.

Who pays the compensation awarded?

The compensation payment is the responsibility of the Respondent. In the case of a road traffic accident, the respondent’s insurers will normally pay compensation on the Respondent’s behalf. The Injuries Board does not pay the compensation.

What should the Respondent do if he does not want the Claim assessed?

The Respondent must advise the Injuries Board in writing within 90 days from the date of the Formal Notice as to whether or not they consent to the assessing of the Claim. The Injuries Board will then give the Claimant an Authorisation to pursue their Claim in the Courts if they so wish.

What happens if the Respondent consents to the assessment of the claim?

If the Respondent agrees, the Injuries Board will assess the amount of compensation, and will formally notify the Respondent and the Claimant of their suggested Award, generally within 9 months.  

Your Injuries Board Claim is Unique

Every personal injury case is unique, and it is extremely advisable to seek expert advice from a personal injury solicitor

For free expert adviceon your case, talk to us now by calling our advice line without obligation on 1800 911 940, or by filling in the call back form below.