This posts purpose is to give readers preliminary information on making an injuries board application.
If you have any questions you can contact us by phone or on email. See contact section to the top right.
The Injuries Board is a state created entity tasked with dealing with claims, such as, road traffic/public liability personal injury claims.
Application for Assessment
An application for assessment must be presented to the Injuries Board via post or applied for online to https://www.piab.ie/eng/
The application must be submitted within time and with the correct details, respondents names/legal titles ( alleged wrongdoers ) on the form.
A medical report obtained from the persons doctor must be provided with the application.
Here is Application Form A.
Here is the Medical Form to completed by the persons doctor titled Form B.
Before an application is submitted, a letter before action must be sent to the alleged wrongdoer notifying them of the nature of the wrong. This is required by Section 8 of the Civil Liability Act 2004.
An application administrative fee applies to submit the application which is €45 ( if the application is made online ) or €90 ( if the application is submitted by post ).
Once the application is submitted then PIAB must register the claim.
Notification to Respondent (Alleged wrongdoer)
The injuries board then proceeds to notify the wrongdoer of the claim and asks them if they Consent to the Injuries Board assessing the claim, who then has 90 days to accept or reject the injuries board assessing the claim. They can furnish or refuse consent.
If the respondent agrees to the injuries board assessing the claim, the injuries board will then do so and proceed to assess the claim.
If the respondent disagrees with the injuries board assessing the claim, then the injuries board cannot engage with the matter and make what is termed as assessment of the claim. The injured parties only avenue of recourse then is to proceed to court if they wish to do so.
Discretion of the Injuries Board not to make an Assessment
The injuries board have a legal discretion to not make a claim assessment under a number of headings which includes if the claim is complex or if the respondent has noted to the injuries board they will not accept an injuries board assessment, for example.
The injuries board, if assessing the claim, will likely arrange for the injured party to attend for an appointment with a doctor engaged by the injuries board.
The injuries board will then have the injured parties own doctors report and a medical report from a doctor engaged by them.
Depending on the injury but there may be more than one report required by the injuries board. Some cases can have multiple reports within the injuries board process.
The injured party will be furnished with a document for completion which deals with their monetary loss which could be loss of earnings or medical expenses etc.
The injuries board furnish a Notice of Assessment to the injured party and respondent party which details compensation for the pain and suffering and out of pocket expenses.
The injured party has 28 days to accept or reject this.
The respondent party has 21 days to accept or reject this.
If both parties agree to accept the sum specified in the assessment then an Order to Pay is made and the matter is concluded.
Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is firstname.lastname@example.org
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed.
It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.