All claims for personal injuries (apart from claims arising from medical negligence) must first be submitted to the Injuries Board, formerly known as the Personal Injuries Assessment Board, (PIAB) for assessment. When submitting your claim it will be necessary to submit a medical report outlining the details of your injuries. The amount awarded will depend on the severity of your injury and your circumstances.
The assessment of any award can be broken down into two parts, General and Special damages;
- General damages are assessed purely on the injuries sustained and guideline amounts in respect of particular injuries are set out in the Book of Quantum which can be viewed online at www.injuriesboard.ie . An online calculator known as "the Estimator" as well as questions and answers regarding the process are also available on the website, please note these are estimates and guidelines only.
- Special Damages are expenses incurred as a result of the injuries sustained in the accident. Examples of special damages include physiotherapy, medical and/or loss of earnings as a result of your inability to work due to the injuries sustained in the accident. (You should always provide receipts for any financial loss/expenses).
The person or body you hold responsible for your Injury has 90 days to consent to the Injuries Board assessing the claim once the application has been submitted. Provided both sides agree to the Injuries Board assessing the Claim, the Board may decide to carry out a further medical examination by an Independent Doctor appointed by them and thereafter, the Board will issue a "Notice of Assessment" which advises both parties on how much the Board has assessed the claim. In the event that both sides are happy to accept the amount awarded then a "Notice to pay" will issue by the Injuries Board and monies are paid soon after.
In the event that either side are unhappy with the assessment or the Board is unable or unwilling to assess the claim then an "Authority" will issue which will authorise pursuance of the matter through the Courts. The amount of compensation will then be assessed by the Courts after hearing evidence from both sides.
This article is for information purposes only and does not constitute specific legal advice, which should be obtained at all times. For more information, contact Eamon Concannon of Concannon Solicitors on 091-700-172/700-173 or e-mail with any queries.