Personal Injury Litigation
It can take only a few seconds for an accident to happen, however depending on the severity of your personal injury it can take anything from a few months to a few years to fully recover. The effects of the personal injuries can be devastating when you are unable to work resulting in lost earnings and you are no longer able to enjoy your leisurely pursuits as comfortably as you once did. We know there is no such thing as a minor accident, we understand that personal injuries have the potential to affect all aspects of your daily life.
What is a Personal Injury Claim?
A personal injury claim is a claim brought against another party who has caused personal injuries to you. Was your injury caused by another party and has there been damages as a direct result of your personal injuries such as loss of earnings and medical expenses. If the answer to these questions is yes, then you may have a claim for personal injuries. It is essential that any claim for personal injuries is submitted in a timely manner to the Personal Injuries Assessment Board (“PIAB”). A claim must be processed through the Personal Injuries Assessment Board prior to taking any additional steps such as proceeding to court. The most common types of personal injury claims are as follows:
- Road Traffic Accidents
- Slip and Fall Accidents
- Personal Injuries Following
- Accidents in the Work Place
- Personal Injury Suffered in public places
- Personal Injury Suffered abroad
- Fatal Injuries
How do I prepare an application to submit to the Personal Injuries Assessment Board?
We have the skill required to prepare and submit an application to the Personal Injuries Assessment Board on your behalf. We will advise you on the appropriate paper work you need to vouch your claim for compensation. The injuries board are required to assess your claim as quickly as possible and in any event within 9 months from a consent to an assessment. In some cases this may be extended for a further 6 month period resulting in a maximum of 15 months to carry out the initial assessment of your claim.
You will be required to submit a medical report which details the personal injury you have suffered. Once you are satisfied that the report adequately describes the personal injuries, you can submit the report to the personal injuries assessment board. If you feel that the report does not reflect the extent of your personal injuries or if the medical report contains any mistakes, it should be immediately returned to your medical report provider to correct and amend if appropriate.
How long do I have to bring my claim for personal Injury?
You have up to two years to submit your claim, however it is always best to submit your claim as soon as possible following your accident. The two-year limit is however subject to exceptions which may extend the period to submit your claim beyond the two-year limit. Such exceptions include the ‘date of knowledge’ which essentially means the date upon which you became aware of your injury, that the injury is significant, that it was caused by another person or party whose identity was known you. A further exception to the two-year rule is that of Infancy, which suspends the two-year period from running until you have reached your 18th birthday, prior to this date a next friend may take a claim for personal injuries on an infant’s behalf.
What happens one the Personal Injuries Assessment Board receives my application for a claim for personal injuries?
Upon receipt of an application for a claim for a personal injury by a claimant, the Personal Injuries Assessment Board will send each respondent named in your application requesting their consent to an assessment of your claim for personal injury.
The Personal Injuries Assessment Board will proceed to assess a claim for personal injuries if the respondent consents to the assessment by notice in writing or alternatively if the respondent does not respond within a period following the receipt of this notice. When a claim for personal injuries proceeds to the stage of assessment, the claim will be assessed by the personal injuries assessment board’s assessors. The personal injuries board’s assessors may request you to undertake further medical examinations to enable the assessor to establish the level of award that is appropriate in light of the extent of the personal injuries you have suffered.
Can the Injuries Board Refuse to Assess my Claim?
The Personal Injuries Board may refuse to assess a claim for personal injuries in a number of circumstances which is provided for under Section 17 of the Personal Injuries Assessment Board Act 2003. The personal injuries board will not undertake to assess a claim for personal injuries in the following circumstances:
(a) Due to complexities raised by the interaction between multiple personal injuries and pre-existing personal injuries suffered, that the injuries board considers it in appropriate to assess a claim for personal injuries.
(b)Where injuries suffered consist of psychological injuries, the injuries board may not proceed to assess a claim
There are many other circumstances where the Injuries Board will not assess a claim for personal injuries which are also outlined in the relevant legislation.
What happens If the Personal Injuries Assessment Board does not assess my claim?
In circumstances where the injuries board does not assess a claim for personal injuries, the injuries board may issue a document authorising a claimant to proceed to take their claim for personal injuries before the national courts. This document which the personal injuries assessment board calls an authorisation may issue in circumstances where a respondent refuses to consent to an assessment of a claim for personal injuries also.
If my claim for personal injuries is assessed by the Injuries Board, how long will it take?
The personal injuries assessment board will proceed to assess your claim as quickly as possible. The injuries board may assess you claim within 9 months from a consent to an assessment. In some cases this may be extended for a further 6 month period resulting in a maximum of 15 months to carry out the initial assessment of your claim for personal injuries.
What happens when a claim for personal injuries has been assessed by the injuries board?
Once the Personal Injuries Assessment Board has assessed your claim for personal injuries, a notice will issue including the amount the injuries board considers you claim for personal injuries to be worth. If both the claimant and the respondent accept the assessment within the statutory time limit, then the award will become binding. If either party refuses to accept the assessment then an authorisation will issue allowing the claimant to pursue their claim for personal injuries before the national courts.
Contact us today to discuss your claim for personal injuries
There are many aspects of resolving a personal injury claim which depend on the facts of each individual case. We know each client’s personal injuries claim is unique, we will prepare for all eventualities while ensuring that all essential evidence is gathered quickly and as early as possible in order to strengthen your claim. In order to ensure that invaluable evidence is not lost or destroyed, it is best to contact us as soon as possible following your accident. We are available to meet you in person or in the event that you are unable to meet at our office, we can arrange to meet you at a suitable time and place. You can contact us by telephone on (01) 8338147 or alternatively you can email us at [email protected]