Applying To The Injuries Board For A Personal Injury Claim
The Injuries Board Ireland was set up in 2004 as per the guidelines of the Personal
Injuries Assessment Board Act to handle the assessment of personalinjury claims. Almost all personal injury claims, except the claims involving medical negligence, need to be submitted to the Injuries Board before they can
be taken to the Court System.
Whether you are injured at work or in a road accident,
you need to apply to the Injuries Board for assessment of damages. Here are a few details regarding the way the Injuries Board handles personal injury
claims.
What is the objective of the Injuries Board? The aims of this independent statutory body are as follows:
Assessment of damages and determination of compensation to be awarded to the applicant
Reduction in the time necessary to complete the assessment of damages
Reduction in the legal costs associated with the administration of the personal injury claims
The task of the Injuries Board is to assess the damages that the injured party suffers due to the negligence or fault of another individual or entity
within a shorter period and without the costs involved in litigation.
Who is eligible to apply to the Injuries Board? Anyone suffering injuries in an accident, for which someone else was at fault, can apply to the Injuries
Board. This body handles the assessment of personal injuries claims related to road accidents, workplace accidents, and accidents involving public utilities.
However, the Injuries Board does not handle the claims where a decision regarding liability is involved. This implies that the Board would not deal with a
claim if there are disputes regarding legal issues.
Do you need a solicitor when applying? It is not mandatory to appoint a solicitor when applying to the Injuries Board. However, it is often a good idea to
consult a solicitor in this regard. This would minimise the chances of mistakes or omissions and prevent delays that may be the result of errors in the
submission of application.
Moreover, it is also a good idea to appoint a solicitor from the very beginning of the matter to help you understand whether the Injuries Board assessment
is commensurate to your damages. You would also need him/her if the claim has to be filed to the Court later.
How much time does the assessment take? In most cases, the Injuries Board completes the assessment of damages within approximately 9 months from the date
of submission of the application. The assessment procedure is essentially document-based and does not involve hearings or examinations and cross-examinations
of witnesses.
However, if the Board is incapable of completing the assessment due to some reason, e.g., the involvement of disputed legal issues, it issues an
authorisation letter to the applicant. This gives the injured party the right to take the claim to the Court.
How much cost does it involve? The only cost involved in the Injuries Board assessment is the application fees and the fees that your treating doctor
charges for completing the medical assessment form. The Board may treat these costs as part of the compensation awarded to the injured party.
When a victim of workplace injuries or car crash
injuries appoints a solicitor for applying to the Injuries Board, this cost may be reimbursed in the compensation award, only if it is reasonably or
necessarily incurred.
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