If you decide to proceed with your claim, as a result of the establishment of the Personal Injuries Assessment Board in 2004 (now called the Injuries Board) and the Personal Injuries Assessment Board Act 2003 all personal injury claims, with some exceptions, must be processed through the Injuries Board before going to Court. To submit a claim to the Injuries Board, the following items are required:
A completed Application Form
A Medical Report
Fee of €50
Copy of the letters of claim sent to the person(s) you hold responsible for your claim
The cost of the medical report and the application will form part of the claim. The cost of the medical report is refunded in whole or part at the discretion of the Injuries Board. However there is no automatic right to recover legal fees and expenses in the Board’s process. As a result, any legal fees incurred may be deducted from any assessment the Injuries Board may grant.
The law gives the Injuries Board the discretion to direct the Respondent to pay certain costs, such as medical expenses, travel expenses etc reasonably and necessarily incurred by you in complying with the Injuries Board’s application and assessment process. Each case is considered on its own merits.
When the claim has been acknowledged, the Board will notify the person(s) you hold responsible for your injury (The Respondent). The Respondent has 90 days to confirm whether or not they consent to the Injuries Board carrying out an assessment of your claim.
If the Respondent does not consent to the assessment of your claim, the Injuries Board will issue an Authorisation permitting you to pursue the claim through the Court System if you so wish.
Once all required documentation has been received by the Injuries Board, the Board will proceed with an assessment of your claim.
How is an Assessment made?
The Injuries Board bases the assessment on the Medical Report(s) submitted and the Reports secured from the independent medical examiner(s) which the Injuries Board will require you to attend.
Normally an assessment will include General Damages and Special Damages. General Damages cover compensation for pain and suffering resulting from injuries which you sustained. There is a Book of Quantum (available onwww.injuriesboard.ie)that the Injuries Board use as a guide to the General Damages you may receive.
Special Damages are any expenses that you have incurred as a result of the accident. Special damages cover compensation for loss of earnings, medical expenses and out of pocket expenses etc.
The Injuries Board has discretion under the Act to direct the Respondent to pay certain fees and expenses (in whole or part), which have been reasonably and necessarily incurred in complying with the Injuries Board’s application and assessment process, in addition to the amount of the assessment itself.
When an Assessment is made; The Injuries Board informs us and the Respondent in writing as to the level of compensation assessed for your claim. We will then inform you and you will have 28 days from the date of receipt of the notice of the assessment to confirm in writing whether you accept or reject the assessment.
If you accept the assessment, we will notify the Injuries Board in writing on your behalf. If they do not receive your reply in writing within 28 days, you will be deemed to have rejected the assessment.
If the Respondent also accepts the Assessment, the Injuries Board will issue an ‘Order to Pay’.
If either of the parties reject the assessment then the Injuries Board will issue an Authorisation which allows you to pursue your claim through the Court System if you so wish.
We will discuss the merits of the assessment with you to help you in deciding if you should accept or reject it.
If you need to talk to us about any aspect of a personal injury claim contactesther.morrissey@rmcm.ie
