Common Personal Injuries * and Steps to Making a Claim
Personal injuries * occur on a daily basis in Ireland, some of which are more serious than others, regardless of how serious a personal injury * is, it can have knock-on effects on a person’s life that may affect their income and expenditure and quality and enjoyment of life. For some, they are left with no option but to pursue a claim to recover money they lost as a result of an accident that was not their fault.
Since its establishment in 2004, the Personal Injuries Assessment Board (PIAB) has been responsible for the assessment of the majority of personal injury * claims. Their aim is to fairly and accurately assess claims while reducing the amount of administration and time involved in making a claim. The PIAB application will be your first step in making a personal injury * claim if you were involved in a motor accident, workplace accident or accident in a public place – for anything outside of these categories you will need to consult with a solicitor to take a case forward.
3 Step Personal Injuries Claim * Process
1. Contact a personal injury solicitor *
Contacting a personal injury solicitor * is highly advisable when considered making a claim.While you can do this alone, it is advisable to do this with the help of a personal injury * solicitor as they will be aware of any legal/administrative steps that might lead to delays or more serious problems should your case be submitted too late.
2. Provide required information and documentation to your solicitor
Your solicitor will advise you of all the information and documentation they need to submit your PIAB Application form on your behalf. Once the application form is submitted, the Injuries Board has a period of nine months to review your case. Once assessed both parties will be notified of the suggested compensation amount to be paid. Recent figures from the Injuries Board show that the average assessment time currently sits at 7.1 months.
3. Focus on your recovery, while we focus on settling your case
At this stage, your solicitor will work to bring your case to a conclusion and update you along the way so that you know where you stand at every step of the process. You will discuss the PIAB compensation suggestion in detail and you will decide if you want to accept or decline their suggestions. If you accept the PIAB assessment then PIAB will issue an Order to Pay to the party at fault and monies will be paid to you. If you do not agree with PIAB assessment then you move to the next stage, which is the issuing of court proceedings to resolve your claim – Your solicitor will handle this for you and explain the next steps to you without the legal jargon that comes with issuing court proceedings, ensuring that you fully understand your position.
What are the most common personal injury claims *?
Car Accidents and other Road Traffic Accidents *
Car accidents * and other road traffic accidents * are the most common and represent 74% of personal injury claims * in Ireland with an average settlement of €22,454 in 2016. Road traffic accidents * can come in a range of incidents from car accidents, accidents involving pedestrians, bike accidents, motorbike accidents, truck accidents to single vehicle collisions *.
Most recent figures from RSA show an average of approx. 28,700 road traffic accidents * per year (Fatal accidents, personal injuries * and material damage). In 2016, the Injuries Board received 19,633 applications for assessment of road traffic accident claims * of which 9,564 applicants accepted and Orders to Pay awards were issued from the Injuries Board to the parties at fault. Regarding the remaining 10,069 these are comprised of cases where an agreement was not reached and moved forward to court and also unsuccessful applications.
Accidents in a Public Place (Public Liability Claims) *
An accident in a public place, also referred to as Public Liability Claims *, refer to situations where a person has an accident in a public place * that was not their fault. This topic covers a wide range of accidents, from slips, trips and falls on a footpath, supermarket, bar/pub/restaurant for example, to a hazardous work environment that led to an accident *.
PIAB received 9182 public liability claims in 2016 (17% of overall claims) of which 2,244 applicants accepted and orders to Pay the suggested awards were issued from the Injuries Board. The remaining 6,938 applications consisted of cases where an agreement was not reached by both parties and court proceedings were issued and unsuccessful applications.
Accident at Work (Employers Liability) *
An accident at work *, also referred to as Employers Liability, refer to a situation where a person was injured, through no fault of their own, during the course of their day of work.
PIAB received 5241 accident at work injury * applications in 2016 (9% of over claims for the year). Both parties of 1,158 of these applications reached an agreement and orders to pay were issued from the Injuries Board in settlement of their cases. The remaining 4,083 applications consisted of cases where either agreement was not reached by both parties and court proceedings were issued and unsuccessful applications.
Tell us about your case
If you were involved in an accident that was not your fault and have questions about personal injury claims * and how to get started, our team of personal injury solicitors are on hand to help you. With 30 years experience and trusted legal experts who don’t believe legal jargon, you are guaranteed to understand your position every step of the way.