The benefits of using a Solicitor when submitting a claim to PIAB
When submitting a claim to the Personal Injuries Assessment Board (PIAB), there are certain elements individuals must carefully consider during their claims process. However, many people do so with the help of a solicitor to ensure the process runs efficiently and effectively. The Injuries Board Application process can be confusing at times, so this is why choosing a solicitor to represent you in your claim ensures that you have legal representation, professional guidance and a knowledgeable and experienced legal advisor to guarantee that your claim is processed correctly. Your solicitor will deal with your case with your best interest at heart and guide you along every step of the way through the legal proceedings.
Who are the Injuries Board?
In Ireland, the Injuries Board, also referred to as the Personal Injuries Assessment Board (PIAB) was set up in 2004 under the Personal Injuries Assessment Board (PIAB) Act 2003 by the Irish Government to evaluate and assess personal injury claims *. Its aim was to reduce the amount of time it takes for a personal injury case * to be resolved and save time and money. According to PIAB, since its introduction, it has managed to significantly reduce the amount of time it takes for a personal injury claim. It has been reduced from approximately three years to 7-9 months, in many cases. To do this, the Injuries Board established a group of assessors whose function is to make fair and transparent injury assessments under the PIAB Act 2003.
Speak with a Solicitor
Submitting Your PIAB Claim with a Solicitor
You solicitor will submit an Injuries Board Application on your behalf. As a solicitor is aware of the process they can avoid any legal bumps in the road you might encounter if you did this yourself. When submitting an Injuries Board Form Application, your solicitor will ask for the following information from you. Having this information on hand will help you move quickly through the application process:
- Personal contact details
- Type of accident
- Accident details
- Correct date and time of the accident
- Correct name and details of the person/company at fault for the accident
- Witness details (if any)
- Details of all injuries
- Medical treatment
- Previous accidents/injuries
- Pre-existing medical conditions
- Loss of earnings
Identify the Defendant/Party at Fault
It is critically important to ensure that the correct party has been identified following an accident. Likewise, in cases where there are multiple parties at fault for the accident. Your solicitor will ensure you identify the correct party/ies at fault.
Obtain Medical Reports
Obtaining medical reports is an important step in the claims process. When submitting an application to the Injuries Board, it is your medical reports that will prove your injury. Your solicitor will request medical reports from the applicable sources on your behalf.
Once the medical report arrives, your solicitor will talk you through it to ensure that it is entirely correct. They will double check the date of the accident, description of injuries, how the accident happened and doctor’s diagnosis. If any of this information is incorrect then the solicitor will return this report to the doctor to report must be returned for amendment by the doctor.
Statute of Limitations (Legal Time Limits)
Every personal injury claim * is subject to a time limit, i.e. that you have a certain amount of time to make a claim following the date of the accident, or the date at which you realised your injuries (which in some cases can be some time after the incident.). This time limit for most personal injury accidents* is 2 years less a day. If you are making a claim and your time is running out, it is important to note that as soon as the application is submitted the clock stops of the statute of limitations. Your solicitor will clarify all these key details with you.
Understanding the Settlement Amount
At this point, your solicitor can help you in understanding the settlement amount in comparison to your losses. One of two scenarios will happen as a result:
- Both parties accept the settlement suggested by the Injuries Board.
- One or both parties reject the settlement suggestion.
The Injuries Board will notify you and the party/ies at fault and provide a suggested compensation amount to be paid to you. Together with your solicitor, you will decide whether to accept the offer or not. Your solicitor’s knowledge and experience will be vital in helping you consider whether to accept the suggested compensation amount or move to the next stage.
If you reject the offer, an Authorisation for you to move to legal proceedings will be issued and your solicitor will start this process for you.Legal Proceedings
Your solicitor will issue legal proceedings following your instruction to do so. Once issued, the party/ies at fault will be given the opportunity to settle before a court hearing by way of a settlement meeting. At the settlement meeting, your solicitor and barrister will negotiate with the other side to come to an agreement that best meets your interest. You will not have to speak to, nor see the other side at the settlement meeting, all dealing are handled through your solicitor.
If at this point you come to an agreement, the settlement will be paid to you. If you still cannot agree to a settlement at this point then you move to a court hearing where a judge will determine your settlement.
Tell Us About Your Case
If you would like to discuss any aspect of the Injuries Board application process with a solicitor, feel free to call our Personal Injuries Team on 01 649 9900 or email us at email@example.com to arrange a confidential consultation.