Important Steps in a Personal Injury Claim

 Important Steps in a Personal Injury Claim 

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If you have been injured in a car accident or injured at work or for example injured in a public place etc. and you seek a civil remedy in the form of damages, you must amongst other things, submit an application to the Personal Injuries Board for assessment.

The Personal Injuries Assessment Board established the Personal Injuries Board as an alternative dispute resolution mechanism with the aim of increasing litigation speed and reducing costs.

If you have been injured and seek compensation for the pain, suffering and loss then certain procedures must be followed.

Time Limits - Personal Injury Claims

If you have been injured due to the negligence of another and wish to pursue an action to recover damages, you must begin this action within 2 years of the accident in question. This is a strict legislative rule which has some exceptions in exceptional circumstances.

Letter before Action

Under S.8 of the Civil Liability Act 2004 this is called a ‘Letter of Claim’. A person pursuing an action should serve notice in writing to the other person within two months of the date of the accident of their intention to pursue this course of action.

If it’s possible in the circumstances do obtain the details of the other driver in relation to a car accident or a cycling accident and take note of the registration of the car. It’s more difficult for the Gardai to investigate this if there is no registration or no witnesses for example.

If this letter does not go to the other person a court can draw inferences from the injured party’s failure to do so.

Preservation of Evidence

Depending on the nature of the accident and the factual situation a Court Order may be required to preserve and maintain evidence in a situation where the other party will not undertake to preserve it.

Form A

If the matter is not resolved at this stage and the alleged wrongdoer is on notice of it now, then an application to the Injuries Board should be made by completing and submitting Form A with the application fee €45 and a medical report.

The medical report will be completed by your doctor and will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and prognosis.

When you receive the medical report you should go through its content and make sure everything is accurate and your happy with it basicly.

Insurance Company Correspondence

It’s possible or even likely after the application to the Injuries Board is submitted, you will receive a holding letter from the Insurance Company explaining that liability is being investigated and asking a series of questions.

Sometimes liability will be conceded immediately and the Insurance Company will seek settlement negotiations. Sometimes this may happen further down the line or not at all.

Registration

Once the Injuries Board have received the application they will send the s.50 confirmation letter which is very important as it acknowledges registration of the civil action and that the injured party’s application will be assessed by the Injuries Board.

Section 13 Notice

The Injuries Board will then send this notice of the application to the alleged wrongdoer and he/she has 90 days to consent/reject or do nothing. The Injuries Board will send a copy of the injured person’s application with this notice and or any other accompanying documents.

The Injuries Board will after this period begin their assessment if the alleged wrongdoer does not reject this outright. In that case court proceedings will begin in earnest.

9 Month Period

The Injuries Board must make their assessment within 9 months of receiving the alleged wrongdoers consent to assessment. Once the assessment decision is made the alleged wrongdoer is given 21 days to accept the award or there’s deemed acceptance. The claimant is given 28 days and if no response is received, is deemed to accept the award.

Award of Pay

If the injured person and the other person ( respondent ) BOTH accept the award then the Injuries Board will make an Order to Pay. If one party does not accept the award in question for whatever reason, then a Court will have to hear the matter and resolve it.

Personal Injury Claims Questions & Answers

If you have been injured in an accident due to the fault of another you will have a lot of questions.

These can vary from –

Am I eligible to make a claim or take a case’;

‘Is the other driver possibly negligent and is it easy or hard to prove’;

‘What is my personal injury case worth’;

‘What do I do if the other party has no insurance’;

We will try to answer any questions you have and advise on the best course of action. Most importantly, if instructed we will act for you to seek the best possible outcome for you.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. 

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