This web site provides independent Injuries Board advice about how to make personal injury claims in Ireland when you have suffered a loss, an injury or the avoidable deterioration of an existing condition for which you were not entirely at fault.
How does the Legal System Work for Personal Injury Claims in Ireland?
Ireland has a fairly unique legal system for dealing with claims for personal injury compensation that involves using an Injuries Board to assess how much compensation a plaintiff is entitled to when a negligent party accepts their liability for causing an injury. The purpose of the Injuries Board is solely to assess the value of personal injury claims – it neither allocates blame to a negligent party nor intervenes in disputes over its assessment.
Not every claim for personal injury compensation is processed through the Injuries Board in Ireland, as the Injuries Board will not accept applications for assessment when there is doubt over liability or where the plaintiff may have contributed to the cause of an accident or the extent of their injuries due to their own lack of care.
The Injuries Board currently also has no remit to assess medical negligence claims for compensation when a plaintiff has received a poor standard of medical care, and will decline to assess any personal injury claims where there is no compensation benchmark for a claim to be assessed against – for example injuries caused by defective medical devices.
Making an Application to the Injuries Board in Ireland
The process of making an application to the Injuries Board for an assessment of personal injury claims is reasonably straightforward – however, it should not be attempted without obtaining professional Injuries Board advice.
An online application can be made to the Injuries Board for the assessment of a claim, or a hard copy of the Injuries Board Form A can be downloaded from their site and submitted through the post – a necessary step if claiming personal injury compensation on behalf of a child, a person with impaired mental ability or in the event of a fatality.
Once the Injuries Board has acknowledged receipt of the application for assessment, it will write to the person(s) entered on the application as the negligent party requesting their consent to proceed with the application. If consent is received, the assessment will commence. If consent is denied, the plaintiff is issued with an ‘Authorisation’ to pursue their claim for personal injury compensation through the courts.
Once the assessment is completed (a further medical examination may be required), the Injuries Board will issue a ‘Notice of Assessment’ which advises both the plaintiff and the respondent how much the claim for personal injury compensation has been assessed for. If both parties agree with the assessment, a ‘Notice to Pay’ is issued and the plaintiff will receive their compensation settlement within 28 days.
Should there be any disagreement over the assessment of personal injury claims in Ireland, the Injuries Board will issue an ‘Authorisation’ for the dispute to be resolved in court – although many claims for personal injury compensation are often resolved by negotiation before court action is necessary.
Always Seek Independent Injuries Board Advice about Personal Injury Claims
Over 90 percent of plaintiffs seek independent Injuries Board advice and submit their personal injury claims to the Injuries Board through a solicitor. And for good reason:-
Many people – both plaintiffs and ‘respondents’ – are unaware of what can be included in a claim for personal injury compensation, and the online application on the Injuries Board web site provides very little information about this. There is even less information on how to account for the consequences of an injury on the hard copy of Injuries Board Form A if plaintiffs have to apply for an assessment through the post.
Inasmuch as the Injuries Board provides a valuable service in limiting the cost of making a claim for personal injury compensation in Ireland – and reducing the length of time that it takes to resolve a claim – the Injuries Board can only assess personal injury claims according to the information they are provided with. If a plaintiff is unaware of how personal injury compensation in Ireland is calculated, there is a genuine risk that a claim will be settled for less than a plaintiff is entitled to.
Although not being associated with the Injuries Board, a bigger threat to the fair and adequate settlement of personal injury claims in Ireland is when an unsolicited offer of compensation from an insurance company is received. An insurance company´s primary consideration is to restrict the money that it has to pay out and. when they are advised that there policyholder has caused an accident in which somebody has been injured, it is likely that the insurance company will attempt to settle the claim before the Injuries Board has assessed the application for the least amount possible.
Just like any other legal matter, we always suggest you seek independent Injuries Board advice before proceeding with your Injuries Board compensation claim. This prevents any mistakes that can understandably be made by an inexperienced member of the public.
Right now, the first step you can take is to call our Free Injuries Board Advice Helpline on Freephone 1800 911 940. If you cannot speak with us now, simply fill in the contact form to request a call from us at any time that is convenient for you.