Accident Claims & Personal Injury Solicitors

Following an accident, it would be useful to bring the following when meeting your personal injury solicitor for the first time:

• The name of your treating doctor
• Any receipts for any out of pocket expenses associated with the accident
• All details relating to the accident

In relation to a car accident if you have the following information it would also be helpful:

• The name of the other driver and car registration and insurance details
• Your own car insurance details

As with all first appointments with your solicitor you will also have to bring the following:

• Photo identification (passport or driver’s license)
• Utility bill / proof of address
• PPS Number

Once the Injuries Board consider the application to be completed, they will assign it a reference number and treat the application as registered for the purposes of the Statute of Limitations by sending a notification of this to the Claimant.

It should be noted that strict time limits apply to bring a claim in respect of an accident as well as to notify potential defendants of a claim under the Civil Liability and Courts Act 2004. For this reason we strongly advise that you do not delay in obtaining legal advice as a failure to do so could be prejudicial to your claim or even mean that your claim is statute barred because of a delay in processing it or taking legal action.

Only when the claim is registered with the Injuries Board, and the Board issues a letter pursuant to Section 50, of the 2003 Act stating the claim is received and complete, is the ‘clock’ stopped for the purposes of the Statute of Limitations.

Settlement talks can still occur at any stage during the Injuries Board process however in order to ensure your claim does not become statute barred for reasons of delay it is important that your claim is dealt with promptly and without delay.

The Personal Injuries Assessment Board Act, 2003 (“the 2003 Act”) applies to most categories of civil litigation including:

• Personal injuries
• Personal injuries and damage to property, where both have been caused by the same wrong
• Employer’s liability claims
• Road Traffic claims
• An action by a person against another arising out of the use or occupation of lands or buildings
• Assaults

Broadly speaking the 2003 Act does not apply to the following category of claims:

• claims against the Gardai (police)
• Claims under the Constitution
• Human Rights claims

In certain instances the Injuries Board will decline to assess a claim by exercising their discretion under Section 17 of the 2003 Act, for example if;

• Their fee is not discharged (but not always);
• The injuries are wholly psychological;
• Where there are overlapping injuries arising from different accidents;
• Where the injuries are of such a severity that the Board are unable to make an accurate assessment within their time frame.
• Where the amount of special damages (for example, loss of earnings) cannot be ascertained prior to the anticipated assessment date.

It is true that the Injuries Board accept direct applications for accident claims however the establishment of the Injuries Board has not changed the laws relating to negligence and assumes in its assessment of claims that liability will not be an issue and will not be contested.

Unfortunately as legal advisors we must advise as to all possible outcomes, positive and negative, and this includes assuming following every accident that litigation is a possible outcome for example when the blame for an accident becomes contested. For this reason it is still essential to carry out investigations following an accident. Like any thing in life if fail to prepare you prepare to fail! Given that the Injuries Board process can take up to several months and occasionally over a year, if litigation does ensue, matters may have changed considerably if investigations are only to commence at that late stage. For this reason, legal advice is still in our mind necessary following any accident.

At Carmody Moran solicitors our expert personal injuries lawyers are on hand to advise you;

•  on how to make accident claims to the Injuries Board
•  on how to ‘stop the clock’ to comply with the Statute of Limitations
•  on your obligations under the Civil Liability and Courts Act 2004
•  we can guide you through the process and advise you throughout the process on all procedural matters
•  we can advise you as regards to liability and preserving and gathering evidence in the event that the claim does not resolve in the Injuries Board. You should remember that it is not just the claimant who can refuse to accept a settlement in the Injuries Board, a respondent can elect not to have the Injuries Board assess the claim at all or they can reject an assessment made by the Injuries Board
•  we will deal with requests made of you by a respondent’s solicitor and the Injuries Board
•  we will independently advise you as to the value of your claim
• if your claim does not resolve in the Injuries Board process because either you reject an assessment or the respondent elects not to have the Injuries Board assess the claim at all or they reject an assessment made by the Injuries Board, as your solicitors we are ready and fully briefed to progress your claim through the Courts

Above all however as your solicitors, Carmody Moran’s expert personal injury lawyers will ensure that your claim is submitted correctly and all necessary legal procedures are followed to protect your legal rights. Frequently errors can be made, for example not identifying correctly the identity of the legal entity against whom the claim is being made, that can result in the correct authorization not issuing resulting ultimately in difficulties pursuing a claim and even ultimately in a claim being statute barred. We can help you avoid making errors in completing your application that could later prejudice your case should it proceed to Court.

At Carmody Moran solicitors we can make an application to the Injuries Board on your behalf and advise you on the process and legally advise you at each step of the way. It is not always necessary to bring a case to Court and indeed many people after the trauma of an accident prefer to settle their case in the Injuries Board process rather than proceed to the Courts. At Carmody Moran solicitors our experienced personal injury solicitors can advise you on the merits of settling your case at the Injuries Board stage and as to value of your claim so you can decide whether or not to accept any settlement made.

At Carmody Moran solicitors your claim is important to us, just as we know your claim is not something you are undertaking likely. We fully appreciate that having an accident of itself is an ordeal and the idea of progressing a claim either through the Injuries Board or the Court process is a stressful proposition for most people. Indeed many people shy away from making a claim and are afraid to assert their position. We aim to make the process as stress free as possible for our clients and to take away the mystique of unnecessary legal terms so your case can be resolved in as straightforward a means as possible with the best outcome for you.

Sometimes claimants reject an assessment or indeed both claimants and respondents reject an assessment. At Carmody Moran solicitors our experienced personal injury solicitors can advise you on the merits of settling your case at the Injuries Board stage and as to value of your claim so you can decide whether or not to accept any settlement offered or assessment made. If you opt not to settle your case or if your case does not resolve in the Injuries Board an authorisation issues for you to bring your case to the Courts and our experienced personal injury lawyers will be on hand to advise you at each step of the way.

* The content of this web page is for informational purposes only and is not intended as a substitute for legal advice. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.