News & Info

In summary:

• Almost all personal injury claims in Ireland must go through the Injuries Resolution Board (formerly PIAB) first.
• Most claims must be made within two years of the injury or of the date you became aware of it.
• The Board can’t help you fill in the application form, and mistakes such as naming the wrong defendant can cost you your claim.
• You must disclose your full medical history, including injuries before the accident.
• A solicitor can value your claim properly and advise whether the Board’s assessment is fair.

What is the Injuries Board?

The Injuries Board is the name many people use for what is officially the Injuries Resolution Board (formerly PIAB). It is an independent state body that was set up by the Irish Government to evaluate and assess personal injury claims in Ireland.

It’s important to note that the Injuries Board cannot assist you in completing the application form and you cannot go back a second time if you get it wrong.

Almost all personal injury claims are assessed by the Injuries Board, with a few exceptions.

What type of claims are not assessed by the Injuries Board?

While the Injuries Board assesses most personal injury claims, there are exceptions to that rule. These are:

• Medical Negligence Claims
• Assault Claims
• Cases where the injuries sustained are wholly psychological injuries.

How long do I have after an accident or injury to make an Injuries Board application?

In most personal injury cases, the time limit for making a claim is two years minus one day from the date of the injury, or date of knowledge of the injury.

There are certain exceptions to this rule, including for children or those who are unable to make a claim because of mental incapacity or the severity of their injuries.

In personal injury claims, the clock on the two-year time limit stops when the Injuries Board application has been made.

However, the important point to remember is that you should not wait until close to the deadline to start the claims process. A claim may require a medical report, engineer reports, photographs, CCTV or other supporting evidence. This takes time to compile, so the sooner you start the process, the better chance your claim has of being successful.

If I deal with the insurance company directly, will they pay me the full value of my claim?

When dealing with insurance companies, it’s important to be aware that their objective is to settle any case with the lowest payment. In the absence of representation by a solicitor, many injury victims do not receive fair or adequate compensation.

Do I need a medical report to make an Injuries Board application?

Yes, if you are submitting an application through the Injuries Board’s online claim process, you need a completed medical report from the doctor who treated you for your injuries.

Are medical reports provided free of charge by my doctor or hospital?

No. You should talk to your solicitor as to whether they will fund your case or not in advance of confirming you wish them to represent you.

What is the most common mistake when making an Injuries Board application?

One of the most common mistakes is naming the wrong defendant or the incorrect legal entity name on the Injuries Board application.

For example, you are injured in a supermarket called GoodPrice Supermarket and want to make a claim for your injuries and expenses incurred. GoodPrice Supermarket is the trading name whereas the legal entity name is ABC Supermarket Ltd.

If you were to name the defendant as GoodPrice Supermarket, your Injuries Board application may be declined because you named the incorrect legal entity responsible for your injuries.

This could cause you to lose valuable time in the claims process. If an error is discovered too late, correcting it may become difficult or even impossible.

If you are unsure who the correct defendant is, make sure you seek legal advice before submitting your application.

Do I need to disclose my full medical history in my application? Even pre-existing conditions and injuries?

The answer here is absolutely yes, you must disclose your full medical history in your application, even if it is not related to the injuries or accident you are claiming for.

For example, you may have suffered an injury several years before the accident that you are now claiming for. You might think that because the previous injury has nothing to do with the accident, it does not need to be mentioned.

However, the previous injury may become apparent when your medical records are reviewed or when you attend a medical examination.

If relevant information was omitted from your application, this can create difficulties later. A defendant could question why the information was not disclosed and may challenge your credibility.

The safest approach is to be accurate and honest about your medical history and include everything.

How do I know if the Injuries Board assessment of my case is a fair amount?

The simple answer here is that an experienced personal injury solicitor will be best placed to know if your Injuries Board assessment is appropriate for your situation. They will provide expert and up to date valuation of all losses based on Personal Injuries Guidelines including:

• expenses incurred (including medical expenses)
• loss of earnings
• pain and suffering
• psychological and long-term impacts.

If your solicitor believes that the Injuries Board assessment does not properly compensate you, they will instigate court proceedings to try to achieve a higher level of compensation.

This does not mean the case will definitely go to court; cases are often settled out of court, with your solicitor negotiating with the defendant’s insurance company to get a better outcome than the original Injuries Board offer.

However, if you make the application on your own, you will need to assess your own damages and compensation value. If you or the defending party do not agree with the Injuries Board assessment, you will need to pursue the case through the courts.

This is more difficult when you don’t have a solicitor by your side from the start who knows your case inside out.

What happens if the Injuries Board does not assess my claim?

An Injuries Board application does not guarantee that your claim will be assessed or resolved by the Board.

Depending on the circumstances of the claim, for example if there are complexities or pre-existing conditions involved, or if the defendant does not agree to an assessment, the Injuries Board may decline to assess the application.

In these situations, legal proceedings will be issued and you may need to pursue the matter through the courts. An experienced personal injury solicitor can manage this for you.

Having legal advice at an early stage means you will be prepared for the next steps if the Injuries Board declines to assess the case.

What if I don’t agree with the Injuries Board assessment?

If you do not accept the Injuries Board assessment, for example if you or your solicitor believe the amount being offered is not appropriate, then legal proceedings will be issued and your case may progress to court.

Before a court hearing, a settlement meeting may be held. Here your solicitor and barrister may reach a settlement between you and the person at fault. This means that you may not need to set foot in a courtroom.

Either way, your case will be finalised, either at a settlement meeting or a court hearing.

What if the defendant disputes the claim?

If the defendant disputes the outcome of the Injuries Board assessment, the Injuries Board issue a legal document called an ‘authorisation’ that releases the claim from their process, which means you are then free to bring the matter to court if you wish.

Do I need a solicitor to make an Injuries Board application or can I do it myself?

While you can make a personal injury claim without legal help, many people find the process is more complex than expected.

The Injuries Board do not assist claimants in their application. If you make a mistake in your application form you may not be informed of this by the Injuries Board, and it may be rejected or declined with no explanation.

If there are delays you can run out of time for your claim and it will be ‘statute barred‘.

Getting legal advice at the beginning of a personal injury claim can help you avoid mistakes that may be difficult to correct later.

What happens if I make a mistake on my Injuries Board application?

If you believe you have made a mistake, seek legal advice as soon as possible rather than assuming it can simply be corrected later.

Talk to us and find out more

If you have any questions about the Injuries Board process or how to seek compensation from an accident, contact us and tell us about your case today. We will be happy to listen to what happened to you and can explain how we may be able to help.

As well as over 35 years of experience in representing clients, we have unrivalled independent accreditation as to the service standard we provide to our clients.

Annual independent audits by the LQSI have awarded our firm a 100% score in the Q9000 Gold Standard Rating for nine consecutive years. No other firm in Ireland has consistently achieved this standard in the personal injury arena. Having dealt with over 17,000 clients we bring extensive experience to each case we handle.

To see real life examples of how we have helped clients get a higher compensation amount than the original Injuries Board offer, read our case studies.

For more information about the Injuries Board, check out our Personal Injury FAQs.