Personal Injuries Assessment Board Guide 2024

The Personal Injuries Assessment Board, abbreviated as PIAB, is an independent state body in Ireland tasked with assessing personal injury claims. This legislation was enacted in 2003 and it has since undergone several revisions and updates. The act enables the making of assessments by the Injuries Board of claims.

This post will give you information about the application form, medical report form, injuries board process, judical guidelines regarding level of damages which can be awarded, personal injury claims time limits and claims duration.

If you have any questions, we can be contacted on (052) 612 1999 0r  (01) 546 1121.

Personal Injuries Assessment Board

The Personal Injuries Assessment Board deal with personal injury claims, such as, motor liability, public liability, employer liability claims etc.

To initiate a claim, one must submit a claim vis a vis post or by submission to the their wesbite being https://www.injuries.ie/eng/.

We have given a description of the process below.

The injured party will not be required to attend at the Personal Injuries Assessment Board. They will likely need to attend at a medical appointment arranged by the Board. The Injuries Board have tasked Medlaw to arrange medical appointments and doctors reports for them.

The Injured person will have submitted their own docotors report as part of the application. Depending on the injuries, the Board may seek to have one or more medical appointments for the person.

Once the personal injury claim is lodged, a Section 50 claim registration letter notice will issue. The injuries board will proceed to notifiy the alleged wrongdoer of the claim, who has a 90 day period to consent or reject the assessment. If they reject, the matter cannot be dealt with by the Injuries Board.

If the Injuries Board proceed to assess the claim, they will make what is termed an assessment, which is an assessment of damages.

The injured party is entitled to accept or reject the Injuries Board assessment damages sum.

The Respondent (party who caused the accident) is also entitled to either accept or reject the Injuries Board assessment of the claim.

Should both parties agree to the Injuries Board assessment sum of damages, the matter can conclude and an order to pay furnished.

It is not a requirement for the person to have a solicitor to submit their applicaiton. If the person engages a solicitor, the solicitor will deal with collecting the evidence, manage the application from start to finish, deal with the respondent insurers/solicitors, any negotiations or court proceedings which may arise.

Personal Injuries Assessment Board Form A

The Form A is a detailed document issued by the Injuries Board to the aggrieved party. This form outlines valuable information and data such as the type of accident, the claimant’s details, the respondents details, the injury or claim details and about the medical report from your doctor.

The work of the Board begins after the application form is filed with them. It is necessary to specify the correct legal title name of the Respondent (person who caused the accident) on Form A.

The Respondent will in most cases not indicate to the Applicant if they have specified an incorrect legal entity name on the application form. Necessary checks must take place prior to filing the application form with the Board as to the correct legal title of the Respondent.

Additionally, you are supposed to fill out the exact nature of your injuries, the medical attention obtained, and indicate if loss of wages, medical expenses and out of pocket expenses forms part of the claim. It’s prudent for you, as the complainant, to make sure you complete any useful information sought on the application form.

Injuries Board Form B

This is a medical assessment form completed by the persons medical practitioner which forms part of the application. This document denotes essential medical information such as the Applicant’s names, addresses, gender, occupation, brief details of the accident, the nature and the severity of the injuries, the treatment prescribed and the relevant medical history of the injured person. The Form B should be signed by the practitioner to ensure its validity.

Personal Injuries Assessment Board Process :
  • Fill out the PIAB Form A;
  • Submit the completed Form A with detail of your personal injuries* plus an application fee of 45 or €90 Euros;
  • PIAB receives your application form and registers your claim;
  • PIAB contacts the respondent and gives them 90 days to consent to the assessment or not;
  • If the respondent turns down your claim, PIAB issues an Authorization permitting the party to issue legal proceedings;  
  • PIAB arranges for a medical assessment(s) of the applicant;
  • PIAB concludes their assessment after they are satisfied they have received all necessary documentation;
  • If PIAB makes an assessment, which is accepted by all parties, they issue an order to pay.

Personal Injuries Board Judicial Guidelines

The book of quantum compensation guidelines have been replaced by the judicial guidelines.

How long does the Personal Injuries Assessment Board take?

After an Applicant has submitted an application form to the Injuries Board, and after a period of time when they complete the processing of the application, they will send a formal notice of the claim to the Respondent (person who caused the accident) and this Respondent then has three months to state whether they consent or not to the Injuries Board assessing the matter.

If the Respondent states they do not consent to the Injuries Board assessing the matter at the outset, an injured party will be issued with an Authorisation, meaning they will be entitled to commence legal proceedings at that time.

If the respondent states they consent to the assessment of the Injuries Board, the Injuries Board will then take nine months to assess the claim.

From our experience it usually takes approximately up to one year from the beginning to end of the process for the assessment to take place, should the Respondent consent to the assessment taking place at the outset.

Personal Injuries Claims Time Limits

There is a limit regarding how long an injured person has to initiate a legal action.

This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be whats termed as statute barred from court. One has two years from the date of the accident to initiate the legal action.

The Applicant (injured party) has 28 days to accept or reject the Injuries Board award, and if you don’t reply in this time, it is assumed that you rejected the award.

The Respondent, on the other hand, has 21 days to accept or reject the award, after which if they don’t reply they are deemed to have accepted.

Notification of claim to the wrongdoer or the alleged wrongdoer

The injured party must serve notice in writing, before the expiration of 1 month from the date of the cause of action, or as soon as is practicable thereafter, to the person who caused the accident outlining the nature of the wrong involved etc.

Injuries Board & Medical Negligence Actions

If a civil action arises from the provision of any health service to a person, the Injuries Board will not deal with this type of claim, and will issue whats termed an Authorisation, which permits the person to initiate legal proceedings.

Frequently Asked Questions
How long does a Personal Injury Claim take in Ireland ?

Personal Injury* claims must be submitted to the Personal Injuries Assessment Board for assessment. On average, claims made to PIAB are assessed within 9 months from the date the Board notifies the party who the claim is taken against.

If the case is dealt with and concluded at this point to the satisfaction of the parties, the entire time frame could be 9 months to one year. If the matter is not dealt with by the Injuries Board, the injured party may have the option of proceeding to court to seek a Judgement from the court which then will have a different case time frame

How long does a PIAB claim take ?

This is answered in the above paragraphs. Generally up to to 1 year.

What is PIAB Form A ?

This is the Application Form the applicant needs to complete and submit to the Injuries Board as part of their application.

Do I need a solicitor to submit a claim to the Injuries Board ?

No.

It is service and you would engage a solicitor if you wanted someone to deal with the matter for you, liaise with the insurers etc and be on your side to endeavour to get the best outcome.

What happens if I fail to respond to a PIAB claim notification ?

Section 14 c (ii) of the 2003 PIAB Act states :

If a respondent (person defending the claim ) fails to state in writing, in response to that notice, within the period specified in it, whether or not he or she does so consent, then the Board shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of that claim.

In essence if the notice party does not respond to the board, they will proceed with their assessment of the claim.

Can I appeal a Personal Injuries Board Claim Assessment ?

If one party does not agree to the injuries board assessment, they issue a document called an Authorisation which permits the person to go to court. There is no internal injuries board appeal option.

What happens if I reject the PIAB’s assessment ?

The injuries board will issue a document called an authorisation and the avenue of redress going forward will be to start legal proceedings to seek relief from a court.

Can I claim for psychological injuries in an Injuries Board application ?

Physical and psychological injuries diagnosed by a doctor can be included in medical evidence presented to the Injuries Board.

Level of Damages


The Judcial Guidelines detail guidelines with respect to the level of damages in personal injury claims.


Personal Injury Solicitors

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 info@clearysolicitors.com

Disclaimer

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. Legal advice should be sought from a solicitor prior to relying on anything in this article.

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.

Personal Injuries Board - PIAB

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Personal Injury Claim Guide 2024

Roger Cleary

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We help people injured due to negligence* attain restitution to their pre-accident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.

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