Personal Injury Solicitor & The Personal Injuries Board
This article concerns what the Personal Injuries Board is and how it functions and the task of Personal Injury Solicitors.
The Personal Injuries Board is a statutory body which makes assessments in Personal Injury Claims. All Personal Injury Claim applications must be submitted to the Personal Injuries Board for assessment. You cannot initiate proceedings immediately in Court after an accident until the Injuries Board have issued what is termed an Authorisation. So if you have been injured and another is at fault, in for example, a road traffic accident, a work accident, or a public liability accident and you decide you want something done about this, you must submit the paperwork for your personal injury claim to the Injuries Board for assessment.
Unlike our Courts, the Personal Injuries Board will make their assessment on a no-fault basis, in other words the Injuries Board will not assess or make a determination as to who was at fault or who was liable and the process will not provide explanations as to what happened in the accident. In fairness the Injuries Board was not set up for this purpose. Legal concepts of negligence and liability are not the job of the Injuries Board to decide upon.
Instead the Personal Injuries Board is an administrative process undertaken by public servants of the state who will make your claims assessment on the basis of medical reports only.
The Personal Injuries Board do not and will not give people legal advice. I am obviously completely biased in suggesting people obtain legal advice from a Personal Injury Solicitor. However, if I didn’t actually believe this I should probably be in another job and go where my belief lies. In any event, having a Personal Injury Solicitor is essentially having someone on your side in your personal injury claim. Your Personal Injury Solicitor’s duty is to be on your side which means protecting your interests only. You can be sure that when you submit your claim to the Personal Injuries Board and after the Injuries Board inform the Insurance Company for the offending/negligent person, this Insurance Company will have their own Solicitors and legal advisors advising the Insurance Company what to do, accept, reject or negotiate.
Your Personal Injury Solicitor’s job is to advise and protect your interest. The Injuries Board cannot advise if any assessment is good or bad and you can only submit one medical report to the Injuries Board so the question arises will this accurately reflect your injury if it is ongoing ? and/or will this reflect your circumstances and the consequences of the accident ?.
Your Personal Injury Solicitor will go through the medical report with you and discuss its contents and ascertain the extent of the medical care you are going to need and the cost of this. The Injuries Board cannot advise you if the Insurance Company makes you an offer or whether a settlement is fair. The Injuries Board cannot advise you if the Injuries Board award is fair or reasonable based on the facts. The Injuries Board do have what is called the Book of Quantum which indicates calculations per injuries, but, in my opinion, this is only somewhat useful for an injured person or even a Solicitor who works in this area daily.
You should be aware that the Injuries Board can give your medical report to the respondent ( defendant ) and you may not wish to have the respondent ( defendant ) receive this in the post if they are a member of your community as they will have your medical information. You can request pursuant to the Data Protection Act for certain personal information to be omitted.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.