News & Info

1. Naming the wrong defendant

This sounds straightforward, but it is one of the most common mistakes in Personal Injuries Resolution Board (Injuries Board) applications.

When you are completing the Injuries Board application form, it’s essential to identify the right defendant.

Here’s an example to explain this:

Imagine you have an accident at a supermarket, which we will call here ‘GoodPrice Supermarket’. But ‘GoodPrice Supermarket’ is the brand name, not the legal entity name. For this example, we will call the legal entity name ‘ABC Supermarket Ltd’.

If you were to complete your Injuries Board application naming ‘GoodPrice Supermarket’ as the defendant, then you would have initiated your case against a party who is not a legal entity.

Your case against the correct legal entity, ‘ABC Supermarket Ltd’, would not have been initiated, nor would you have issued a correct application against the correct person/company.

By the time you realise the mistake you might have lost valuable time and your case could end up being ‘statute barred’, meaning it has passed the time limit for making a claim, because you have sued the wrong defendant.

This is why it is essential to instruct a solicitor who has the legal knowledge to correctly identity the party to be sued.

Which leads us to the next common mistake:

2. Leaving it too late to make a claim

With most personal injury claims (with a few exceptions) there is a strict time limit on when you can seek compensation.

This is two years, minus one day, from the date of the accident, or date of knowledge of the injury.

However, that doesn’t mean that you can wait until just before the deadline before making a claim. It takes time to obtain a medico-legal report, compile all the evidence for a case and to process it.

If the time limit has passed or if it is too close to the deadline, then the case may ultimately be unsuccessful, as the defendant can argue that the case is ‘statute barred’ – i.e. it has not commenced within the time allowed.

A solicitor understands the process and the law and can advise you and guide you to ensure that this does not happen.

3. Failing to disclose all information

Another common mistake when individuals complete an Injuries Board application without legal guidance, is that they do not disclose all relevant information.

You may think that an unrelated injury you sustained years before the accident is not worth mentioning. However, if something is omitted that is subsequently revealed during a medical examination, this can lead to difficulty if the case ends up in court.

A defendant may allege that you are not a credible claimant as you deliberately withheld information.

4. Undervaluing your injuries and their impact

If you are making your own application for compensation, you will need to assess your own damages and compensation value.

Without knowledge of how compensation is calculated, it can be hard to know how to value your injuries and the impact they have had on your life. Because of this, many people who complete their own application do not have the expertise to properly understand the full value of their case.

Also, when the Injuries Board give their assessment of the case, it can be difficult to assess if the award is reasonable, without having expert legal knowledge.

A specialist personal injury solicitor knows how to accurately quantify your injuries, expenses, damages and future care needs and is best placed to advise you on this.

5. Not being prepared if the Injuries Board decline to assess the application or if the defendant rejects the claim

It’s important to be aware that there is no guarantee that the Injuries Board will assess your application for compensation.

For example, if your injuries are complex or very serious, the Injuries may decline to assess, and instead issue an authorisation to take the case to court.

Similarly, if the defendant disputes the claim, the case would need to pursued through the court system.

At this stage, if you are managing your own application, it may be too late to gather some of the evidence, such as CCTV footage or other expert reports proving the cause of the accident.

Having a solicitor by your side from the start means they will already have gathered all evidence relevant to your case and are well prepared should court proceedings be necessary.

Guiding you through the process

Our solicitors and legal executives are experts in making Injuries Board applications. It’s what we do all day every day, so we know how to avoid these common mistakes and give our clients the best possible chance of their case being a success.

We are also experienced in evaluating the Injuries Board assessments of compensation, and advising our clients on whether we believe a higher award is justified. In those cases, we may advise that the case should be pursued through the courts.

To find out more, read our case studies for examples on how we were able to secure the best possible outcome for our clients.

Or contact us to find out how we can help you with your personal injury application.