Injury Claims

The first thing you must do is look after yourself.  That includes getting yourself and any other car occupants to safety and seeking medical attention if necessary. The Gardaí should be notified of the accident and their advice sought before leaving the scene of the accident. All parties should exchange details such as the car registration numbers, insurance details, and contact details.  Contact details for any witnesses to the accident should be obtained.  If possible photographs should be taken to have a true record of events. Even if you are not at fault for the accident, you should contact your insurance company and notify them of the accident.  A failure to do so could cause you difficulties down the line. We strongly recommend that you promptly obtain legal advice.

At Carmody Moran solicitors our experienced personal injury lawyers can advise you as to whether or not you have a justifiable claim that entitle you to compensation.  Once we meet with you and you have explained the circumstances of your accident we will be in a position to advise you as to whether or not your case is likely to succeed and how much you might be entitled to by way of compensation.

Hopefully you may have managed to obtain some details of the other driver involved in the accident and / or the other car registration number.

If there are any witnesses to the accident it is important to obtain their contact details as these could be of real assistance in the future. Again, we strongly recommend taking photographs and as much details as possible such as a sketch map to record the accident.

The driver may be traced and if so a claim will progress in the normal way. If the driver proves to be untraceable we can advise you in relation to the Motor Insurer’s Bureau of Ireland Agreement

Absolutely. If your son or daughter is under the age of 18 and has been involved in an accident, a parent or guardian can act as their ‘next friend’ and bring a claim on their behalf.

Don’t worry a claim can still be pursued. In these type of cases the claim involves the Motor Insurer’s Bureau of Ireland as well as the uninsured driver.

The Injuries Board was previously known as the Personal Injuries Assessment Board.  It is an independent statutory body, established in the Republic of Ireland in 2004 pursuant to the Personal Injuries Assessment Board Act, 2003 (“the 2003 Act”). The handling of the Injuries Board process also takes account of the procedures which apply under the Civil Liability and Courts Act 2004.

The Injuries Board mainly handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving Public Liability.

The Injuries Board assesses the claim but will not investigate liability in relation to an accident.  For this and other reasons we strongly recommend that you obtain legal advice before making an application to the Injuries Board.

Following an accident, it would be useful to bring the following when meeting your 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

A claim can be made either in person or through a Solicitor by completing a Form A application form together with a medical report and paying the Injuries Board fee.

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 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 a claim 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 aim to make billing and costs as transparent as possible.

Four Courts DublinIn the Courts process the law provides that the losing side pays most of the winning side’s legal costs as well as their own. This rule differs in the Injuries Board process. While personal injury law is complicated, frequently someone else or something else is at fault for an accident and the accident victims have a right to compensation.

Above all however you can be assured that we will agree the costs of our services with you in advance of taking any action and a written agreement confirming the basis of our charges will be furnished to you following an initial consultation.

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.

If your accident is of a nature covered by the Personal Injuries Assessment Board Act, 2003 (“the 2003 Act”), your claim must first be made to the Injuries Board. Depending on the outcome of your application to the Injuries Board your case may be resolved in that process or if not you will be given a clearance (known as ‘an Authorisation’) to bring your case to Court.

Respondents have the option not to have the Injuries Board assess the claim, so while you may wish to have the Injuries Board assess the claim ultimately a Respondent may not, in which case an Authorisation will issue and the Injuries Board cannot assess the claim.

Just as Respondent’s do not have to consent to having the Injuries Board assess an application, a Respondent can also reject an assessment made by the Injuries Board.

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.