A personal injury claim is a legal action a person takes after being involved in an accident and sustaining injuries due to another person’s negligence.
Legally, negligence is the failure to practise a reasonable duty of care to avoid causing injuries or damage to somebody else. The fact of the accident occurring must have been reasonably foreseeable.
The Necessary Letter of Claim in Personal Injury Claims
A plaintiff (injured party) in a personal injury claim must serve a written notice to the alleged wrongdoer within 1 month of the incident. The letter of claim is a crucial component before initiating any legal action.
Should liability not be admitted, one must then submit an application to the Injuries Board.
All personal injury claims in Ireland must be referred to the Injuries Board, who if all parties agree, will make whats called an Assessment, which is a monetary sum suggestion for the resolution of the claim.
In cases where the multiple defendants, the letter of claim is different to that of a letter of claim regarding a single defendant. This letter is referred to “O’Byrne Letter” calls upon the defendants to admit liability.
Types of Personal Injuries Claims submitted to the Injuries Board
Personal injury claims come in many different types, ranging from a slip and fall in a public venue to a car accident. Although the circumstances of every accident vary, the claims process is generally the same.
The following are some of the common types of personal injury claims submitted to the injuries board:
1. Road Traffic Accident Claims
Every road user has a duty to obey traffic laws that doesn’t put others at risk. According to law, every driver should also have a policy of insurance in place.
2. Accidents at Work Claims
Accident at work claims or employer liability claims involve accidents or injuries suffered in a workplace because of employer or employee negligence. Both major and minor accidents can occur in any type of workplace setting. They can happen because of human error, a hazardous environment/ insufficient safety precautions being implemented etc. with the result that a person sustains an injury.
3. Accidents in Public Place Claims
Also called public liability claims, public place accident claims incorporate any accident or injury suffered in a public place because of negligence. Property owners have a duty to keep their premise safe and free of hazards to prevent injuries from happening.
The Injuries Board Application
A personal injury claim application can be made to the Injuries Board through Form A. The form can be downloaded directly from the Injuries Board website, with the board requiring a fee of €45.00 or €90.00 from the applicant-injured party. Additionally, the form should be submitted with a medical report.
Injuries Board Process for Personal Injury Claims
The Injuries Board doesn’t have a role in assessing who is liable and doesn’t make findings of fact due to any fault or negligence. Instead, its task is limited to valuing injury claims and issuing awards, which the parties can accept or reject.
The Injuries Board starts with liaising with the party responsible for the accident to enquire if they agree to the Injuries Board assessing the claim. If the party responsible for the accident agrees to the Injuries Board assessing the claim, they will proceed to make their assessment of the claim.
The Respondent’s Duty
Once the Injuries Board acknowledges receipt of the application form and accompanying documents, it will then notify the defendant/respondent. The respondent will have 90 days from the issuance of a Notice of Application to respond in writing.
The response ought to show that he or she agrees or doesn’t agree to the Injuries Board making an assessment. There is a fee for the Respondent / Defendant to take part in the Injuries Board process.
If a respondent fails to make a written response to the notice within 90 days, the board will continue with the assessment. During an assessment, the Injuries Board evaluates compensation to be made to applicants for pain and suffering under the Book of Quantum.
Injuries Board Assessment in Personal Injury Claims
The Injuries Board notifies both the applicants and respondents of the assessment. If either of them rejects the assessment, then the Board provides an authorisation to proceed to issue legal proceedings. The applicant has 28 days to write to the Board with their acceptance or rejection of the award. On the other hand, the respondent has 21 days to reject the assessment. If they accept, the Board will issue an Order to pay.
Book of Quantum Explained
It’s an overall guideline of the amount of compensation an injured person can obtain in a personal injury award from the Injuries Board. The first publication was made in June 2004 and it was later revised in October 2016. The courts are legally mandated to refer to the Quantum Book when assessing damages in personal injury cases before the courts.
8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.
Disclaimer for this Persona Injury Claims Process Article
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.