Personal Injuires
Bringing a Personal Injuries Claim
1. Never settle before seeking legal and medical advice
Suffering from a personal injury is one of the most difficult and traumatic experiences you can endure. Suffering can include and is not limited to physical injury and pain, reduced sexual function, and symptoms of fear, anxiety, depression, embarrassment, reduced satisfaction with life and expectations with life and psychiatric illness.
Your pain and suffering may be ignored by insurance companies if and when they directly approach you within days after an accident to reach a quick settlement. At this time you will have no independent medical advice and report. You will not have an accurate picture of the true extent of your injuries and suffering either then or in the future. You may not be fully aware of your legal rights and entitlements. Settling at this time may not be in your best interest and you should seek legal and medical advice to ensure you have the best chance of receiving appropriate compensation for your current and future needs as a result of the injuries you have experienced.
2. Time waits for no person
The first step to consider is if you are within the time limit to bring a personal injuries claim? You have two years from the date of the accident or the date you are aware that there was a connection between the injuries and the matters you believe to have caused the injuries. The Personal Injuries Assessment Board (PIAB) and the courts are the two routes you can recover compensation for the personal injuries you have suffered.
3. The Personal Injuries Assessment Board (PIAB)
PIAB is the first route that you must follow when seeking compensation for your personal injuries.
PIAB is a statutory body which provides independent assessment of personal injury compensation for victims of workplace, motor and public liability accidents. It does not cover psychological injury or assess personal injury claims that are the result of medical negligence.
3. Letter before going to PIAB
Within two months of the accident or as soon as practicable thereafter write a letter to the person you believe caused the injury setting out the type of accident and the cause of action and send it by registered post.
4. PIAB Application
(a) Get a medical assessment form (Form B) completed by your doctor.
(b) Fill in the application form (Form A). These forms are available from www.piab.ie/publications.html
(c) Send in all your receipts for any financial loss you may have incurred.
(d) If you have had correspondence with the person you hold responsible for your injuries include copy correspondence.
(e) Send in your €50 fee by cheque/postal order by registered post to PIAB at: PO Box 8 Clonakility, Co Cork. This fee can also be paid by credit card or debit card.
When PIAB receive your application and supporting documentation they will write to you acknowledging this and confirm your application number.
5. PIAB
PIAB will only assess a claim for compensation if the other party does not dispute liability and consents to be assessed by PIAB.
PIAB then writes to the other party (the respondent) who has 90 days to consent or decline to submit to the PIAB process. Failure to respond is deemed consent.
If after 90 days the other party declines to have the claim assessed by PIAB, then PIAB issues an authorisation. At this stage you can instruct Tyrrell solicitors to commence court proceedings on your behalf.
6. PIAB Assessment
Let’s assume the other party does not dispute liability and consents to the assessment. If PIAB do not assess your claim within 9 months they have the authority to extend the time to 15 months in which to assess the claim.
Claims are assessed using all the medical evidence. Occasionally PIAB have been known to accept your doctor’s medical report when making their award. Where PIAB obtains its own report, it relies on this when making its award. PIAB also have regard to the level of compensation awarded for particular injuries known as the book of quantum.
Please see http://www.piab.ie/pdf/BookofQuantum.pdf for further information.
7. Out of pocket expenses
You will also receive a sum for out of pocket expenses which can consist of doctor’s fees, physiotherapy fees, medication and medical appliances, past and future loss of earnings.
It is important to be aware that if PIAB fail to inform you before 9 months has passed that they intend to extend the time and you have received no notification that an extension has been sought, then you are entitled to go to court immediately.
8. Time limit to accept or reject the award for you and the other side
Once the award is decided by PIAB it is communicated to you and the other party.
You have 28 days to accept or reject the award and if you do not reply to PIAB you are deemed to reject the award.
The other party has 21 days to accept or reject the award and if it does not reply to PIAB it is deemed to accept the award.
9. Effect of accepting the award
If you and the other party accept the award, the claim is settled and an order to pay is provided to the other party. This document, which is copied to you, has the same effect as a court judgment and proceedings may be issued on foot of it, in the event of non-payment.
10. Effect of rejecting the award
If you or the other party rejects or is deemed to reject the award, then you are entitled to go to court immediately. If you are not happy with your award you can instruct Tyrrell solicitors to commence court proceedings on your behalf.
WARNING: Do not rely on these pages as professional advice: consult a solicitor / lawyer