While applications can be made by claimants directly to the Injuries Board a significant majority of people exercise their right to choose to obtain legal advice from a solicitor before making such claims for the following reasons:
1. The Injuries Board (formerly known as PIAB) cannot advise you regarding the time limits which apply in relation to taking a claim!
In Law, good and timely advice is essential. Strict time deadlines apply under the Statute of Limitations and the Civil Liability Acts otherwise a claim could be statute barred. What does that mean? Well. It means if an injured person waits too long they may be too late to seek to be compensated for their injury. The Injuries Board cannot advise you re this!
2.The Injuries Board cannot advise you regarding the identity of the person or company you should make the claim against!
The devil can be in the detail in terms of proper identification of the legal entities involved in the accident and if initial investigations result in an incorrect submission (even of something every small like the wrong naming or identification of a company) this can mean the clock has not stopped running against a respondent and a later claim could result in being statute barred and ultimately unsuccessful. The Injuries Board cannot advise you re this!
3.The Injuries Board cannot advise you regarding whether the assessment made is good, bad or indifferent, and the insurance company most certainly won’t!
If a case is accepted into Injuries Board and several months they will assess what they feel is the value of your case. However, they will not advise you on how they came to that conclusion, merely give you a heap of medical reports and let the injured party make their own mind up from there!
Solicitors can advise you on the Injuries Board process at each stage including;
- assisting you make a valid application
- helping you through the process
- explaining what it means if a respondent accepts or rejects the Injuries Board assessing the claim
- any negotiations arising at Injuries Board stage
- advising on the adequacy of any award proposed by the Injuries Board by way of compensation
- advising you on what time limits are involved
- advising you on what it means if an assessment is accepted or rejected by a respondent
- dealing with any further negotiations or advising you as to your legal options.
4.The Injuries Board cannot advise you or the Insurance company regarding the implications for you rejecting an Assessment!
Few people other than practiced personal injury solicitors will be able to tell you what may happen if a person injured in an accident rejects the assessment of compensation made by the Injuries Board. The Injuries Board won’t, but your solicitor will.
5.The Injuries Board won’t try and negotiate on your behalf with the Insurance Company!
Many of our cases settle before the lengthy Injuries Board process even begins. The Injuries Board cannot help you with these negotiations. Some insurance companies will be on contact with an injured person within days of an accident offering what may seem like good settlements, but which could be far far less than the value of the claim. Carmody Moran can advise you in relation to this and negotiate on your behalf to ensure that any settlement is just and fair.
6. The Injuries Board won’t help you prepare the case for Court if the matter is not resolved at he Injuries Board stage!
… but your solicitor will!!
Anthony Carmody is a partner in Carmody Moran Solicitors, based in Dublin. He has significant experience defending and prosecuting personal injury claims, and together with the team at Carmody Moran Solicitors provide a prompt, efficient, and practical service to his clients.
For further information please telephone us on 01 827 2888 to arrange an appointment. You can also contact us through our website here.
Anthony Carmody is a qualified solicitor with over 20 years’ experience in leading Dublin law firms. Anthony has specialised in the area of defending personal injury claims representing Insurance companies and Local Authorities, as well as undertaking claimant cases.