If you have suffered a personal injury in a road traffic accident, workplace accident or another accident caused by someone else’s negligence, you may have questions about how to make a claim.
You may also come across terms such as PIAB, Personal Injuries Board and Personal Injuries Assessment Board when researching personal injury claims in Ireland. These are names commonly used for the body now known as the Injuries Resolution Board.
So, what does the Injuries Resolution Board do, and what happens when you make a claim?
What Is the Injuries Resolution Board?
The Injuries Resolution Board is the independent body that deals with most personal injury claims in Ireland before they proceed to court. In general, a personal injury claim must be made to the Board unless it is settled directly with the other party or their insurer at an early stage, or an exception applies.
The Board can assess a claim and, where both sides agree to the process, can also provide mediation.
How Do You Make a Claim?
A claim is made by submitting an application to the Injuries Resolution Board. The application generally includes a completed claim form, a medical report and the relevant application fee.
The Board currently charges €45 for an online application or €90 where an application is submitted by email or post.
A solicitor can help you understand the process, gather the necessary information and prepare your claim.
What Happens After the Claim Is Submitted?
Once the Board receives the application, it notifies the person or organisation against whom the claim is being made. This party is known as the respondent and will usually be represented by an insurance company.
The respondent has up to 90 days to decide whether to consent to the Board dealing with the claim through assessment and/or mediation. If the respondent does not consent, the claim may proceed outside the Board process and court proceedings may become necessary.
How Is a Personal Injury Claim Assessed?
If the respondent consents to an assessment, the Injuries Resolution Board considers the medical evidence and other relevant information when assessing the claim.
The assessment process can take time. The Board states that, in most cases, its assessment takes around nine months from the date it receives the respondent’s consent.
If an assessment is made, both the claimant and respondent can decide whether to accept it. If both accept, an Order to Pay can be issued. If either party does not accept the assessment, the claim may proceed to court.
How Long Do You Have to Make a Personal Injury Claim?
For most personal injury claims in Ireland, the limitation period is two years from the date of the cause of action or the date of knowledge, if later. Different rules can apply in particular circumstances, including certain clinical negligence claims.
It is important not to leave a potential claim until the deadline is approaching. Getting legal advice early can help you understand the applicable time limit and the steps that need to be taken.
Do All Personal Injury Claims Go Through the Injuries Resolution Board?
Most personal injury claims are dealt with through the Injuries Resolution Board before court proceedings are issued. However, there are exceptions, and a claim may also be settled directly with the other party or their insurer at an early stage.
For this reason, the right process will depend on the circumstances of the particular injury and claim.
Need Advice About a Personal Injury Claim?
The personal injury claims process can involve important deadlines and legal requirements. If you have been injured and are unsure about the next step, McCormack personal injury Solicitors advises clients on personal injury claims, including the Injuries Resolution Board process outlined above.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Frequently Asked Questions
Is PIAB still called PIAB?
The organisation is now called the Injuries Resolution Board. PIAB, Personal Injuries Board and Personal Injuries Assessment Board are names that people may still use when referring to it.
How long do I have to make a personal injury claim in Ireland?
For most personal injury claims, the limitation period is two years, although the relevant date and applicable exceptions can vary depending on the circumstances.
What happens if the respondent does not agree to an assessment?
If the respondent does not consent to the Injuries Resolution Board dealing with the claim, the matter may need to proceed outside the Board process, including through the courts where appropriate.
Can the Injuries Resolution Board mediate a personal injury claim?
Yes. Mediation is now available as an alternative way of resolving eligible claims where both parties consent to it.