An independent regulatory body concerned with personal injury cases is the Personal Injuries Review Board (PIAB). All applications for personal injuries in Ireland must be made to the PIAB (except in cases involving medical negligence).
The PIAB makes an impartial review of claimants for physical injuries for compensation after incidents affecting road travel, occupational or general liability. You can take your lawsuit to court if the person you hold liable for your injuries (the respondent) does not want the PIAB to evaluate your claim for compensation.
On average, in just over 7 months from the time the respondent decides to have the accusation assessed by the PIAB, complaints submitted to the PIAB are assessed. It will take up to 36 months for personal injury cases filed in the courts to progress.
Claims shall be tested on the basis of the medical reports presented by your doctor and, if appropriate, on the basis of a report requested by the impartial doctor appointed by the PIAB. When determining the harm suffered to you, the injury you received and the situation are taken into account. The basic sums for compensation for individual injuries are laid out in the Quantum Book. Your Solicitor at Sherlock and Co can discuss this further with you.
The argument can be appealed to the courts if the respondent does not consent to an appraisal by the PIAB, or if either party refuses the award by the PIAB.
Under Section 17 of the Personal Injuries Assessment Board Act 2003, PIAB may grant you permission to prosecute your claim through the courts without an examination of your claim if your injury consists entirely or partially of psychological harm that would be difficult to determine by means of PIAB’s assessment procedures.
The time period for lawsuits for damages under the Civil Liability and Courts Act 2004 is 2 years from the date of the crash.
However, within 1 month of the crash, it is very important that the person you consider responsible for the injuries is contacted. Sherlock and Co Solicitors can do this on your behalf. They should be contacted (by recorded post) in writing describing what they have done. This offers a chance for the person, business or agency to examine the allegation. It does not impact your submission to the PIAB if you do not notify the other party during the defined timeline. But if you have to go to court, that can impact your lawsuit later and you may not be able to recover your expenses.
When your pay-out claim is processed by the PIAB, it will send an application number. It will then report your allegation to the person you hold liable for your injuries (the respondent). The respondent has 90 days to consent to let the claim be tested by the PIAB. They would pay a fee if the respondent agrees to this. If this is not accomplished by the respondent, the PIAB will grant an Authorisation to you. This is a legal paper that helps you, if you wish, to take your case through the courts.
The applicant has 28 days to determine whether to approve or refuse the award after the PIAB makes its determination. They would consider this in writing to the PIAB if the applicant supports it. If the complainant does not respond within 28 days, the assessment is deemed to have been denied.
In order to approve or deny the appraisal, the respondent has 21 days. If the respondent does not respond within this time frame, the appraisal is considered to have been approved.
The PIAB will issue an Order to Pay to the respondent if all parties support the determination. If the assessment is refused by either you or the respondent, the PIAB will provide you with an authorization that requires you to submit your argument to court.
Contact Sherlock and Co Solicitors Clondalkin today for more information or to see if you may be entitles to a Personal Injury compensation.