How to complete an Injuries Board Application
In our experience there are a number of areas where you need to take care and may need Specialist legal advice when completing your Injuries Board Application.
- Make absolutely sure you have date of accident right – you have 2 years to submit your claim to the Injuries Board even if your injuries have not settled the claim needs to be made within this time period.
- Cases involving psychological injuries exclusively arising as a result of an accident will generally not be assessed by the Injuries Board and will normally involve an authorisation to issue court proceedings issuing from the Board to allow a case for personal injuries* to be brought.
- Providing updated medical information to Injuries Board
- Confidence in the valuation of your injury. An offer should only be accepted when your prognoses is certain. Allow time for your injuries to resolve or and any long term effects become known rather than rushing into settle. Take comprehensive legal advice before settling a claim.
- It is critical that the person or legal entity that caused the injury is correctly identified in any Injuries Board application. Failure to name the correct respondent /defendant could result in a case being unsuccessful or time barred against the correct defendant.
The Injuries Board do not provide advice on the correctness of a defendant in any case.
MORE AREAS TO BE AWARE OF…..
- Details of any previous accidents or injuries
- Description of your accident
- The insurance company is permitted to make offers to settle before the Injuries Board process starts.
- Clearly setting out the details of your injuries and any ongoing problems in the Injuries Board application form.
- Description of the defendant/respondent and where to get this information
- When the Injuries Board do not make an assessment and issue you with an Authorisation to go to Court you will need a Solicitor to represent you.
- Make sure to keep a copy of your Injuries Board application so that if you need to instruct a Solicitor you have a copy of all documents.
- A claim can be maintained by the personal representative of a deceased person. The loss will be curtailed.
- Expenses will be clocked up and all records should be maintained for vouching – doctors’ visits, ongoing physio, x-rays, travel costs.
- Injuries Board offer cannot be negotiated. You either accept or reject. However you can negotiate with the Insurance Company.
- Uninsured claims are dealt with by MIBI. In many cases the MIBI need to be named as respondents in Injury Board applications. It is important to take appropriate advice on this requirement. www.mibi.ie
- You cannot make an appointment to see someone in Injuries Board about your claim.
- In a case involving fatalities it is usually a close family member who makes the claim. A separate Injuries Board Application form is used for these cases.
In road traffic accidents there are requirements to notify the Gardaí and the Motor insurers Bureau if a motor accident occurs involving an uninsured driver or untraced driver leaves the scene of an accident resulting in injury to another road user or pedestrian. You should take independent legal advice on the time periods that apply to these type of personal injury claims.
Identify The Defendant
It is also critically important to ensure that the correct person has been identified following an accident. Likewise in the case of several potential defendants being responsible for injuries it is essential that the injured party take advice on the importance of any initial letter written to ensure it is worded to protect them from an order for costs at a later stage should one of the defendants escape liability. The absence of such a letter could result in an order for costs against the injured party.
It may be necessary to name several defendants in the Injuries Board Application form to protect your legal rights.
In summary certain aspects of the Injuries Board Application can be complex and in that regard the Law Society of Ireland recommend that claimants use solicitors in their dealings with the injuries Board ‘Legal representation is necessary to guarantee the rights of victims of accidents against the interests of big business and the insurance industry’.
Remember the Injuries Board cannot assist you complete the form and you cannot go back a second time if you get it wrong.
If you have been the victim of an accident – a second opinion is always a good idea!
Remember you will also have to pay the cost of the medical reports from your treating doctors which is required with your application: Medical report fees range in cost from €300 to €500.