What is the Injuries Board?
The Injuries Board is a State Body which was set up under the Personal Injuries Assessment Board Act 2003 in order to assess all claims for personal injuries (excluding medical /clinical negligence) which happen in the Republic of Ireland. The process involved in not straightforward, and the explanation set out below is a very broad guide only and is not legal advice.
Every person who has an accident in Ireland who wishes to make a claim for compensation (referred to as the claimant) must first apply to the Injuries Board. The application is done by way of a Form A Application Notice together with a medical report completed by your treating doctor. A fee of €45.00 also must be paid.
Once this is received the Injuries Board will then write to the notified Respondents (the parties responsible for the injury) who are named in the Form A application advising them of the intention of the person to take the claim and asking them whether or not they consent to the Injuries Board proceeding to make an assessment.
The Respondents have ninety days to reply to this. If the Respondents agree to the assessment taking place within that ninety day period then the assessment will proceed. The Injuries Board will attempt to have this process completed within nine months although they can extend this for a further period if they wish. During this process the Injuries Board may have any claimant medically examined further. A copy of this medical report is made available to the claimant.
At the end of the assessment process, the Injuries Board will make an assessment of what it believes the appropriate compensation is. This assessment is based on the medical report submitted by the treating doctor and the reports, which they obtained themselves. Once the assessment is made either party can accept or reject the assessment within a certain period of time.
What happens if the Assessment is rejected or if the Respondent does not consent to the Injuries Board Process at all?
In such circumstances the Injuries Board will issue an authorisation to allow the claimant to go to Court.
Why should I use a Solicitor for the Injuries Board process?
- The Injuries Board cannot advise you regarding the time limits which apply in relation to taking the claim.
- The Injuries Board cannot advise you regarding the identity of the person or company you should make the claim against.
- The Injuries Board cannot advise you regarding whether the assessment is good, bad or indifferent and the insurance company most certainly won’t.
- The Injuries Board cannot advise you or the insurance company regarding the implications of you rejecting an assessment.
- The Injuries Board won’t try and negotiate on your behalf with the insurance company.
- The Injuries Board won’t help prepare the case if the matter is not resolved at the Injuries Board stage.