A Personal Injury claim is a claim for compensation for an injury, loss or damage suffered by a person which was the fault of another person.
The first step is making an application to the Personal Injuries Assessment Board (PIAB). There are exceptions to this such as a Medical Negligence claim. A Personal injury claim must be submitted within two years from the date of the accident
The application is made to PIAB online or in hard copy. The PIAB fee for an online application is €45 and €90 for hard copy. A medical report must be submitted as part of the application. PIAB will notify the other party (respondent) of the application. At this stage, the respondent can consent to the assessment. PIAB may arrange for a medical examination of the person making the claim (claimant). It will also look for details in relation to “out of pocket” expenses. If PIAB decide there is a valid claim, it will then make a decision as to compensation (an award). The claimant then has twenty-eight days to accept that award and the respondent has twenty-one days. If both parties accept the award, an order to pay will issue and payment should then follow. If either party rejects the award, PIAB will issue an “Authorisation”. This then enables the claimant to issue court proceedings. These proceedings should then be issued as quickly as possible.
- Where court proceedings are necessary, the claim must be made in the relevant court. There are three courts where claims can be made –
- District Court can make awards up to €15,000.
- Circuit Court can make awards up to €60,000.
- High Court can make awards for any claim over €60,000.
It is important that the claim is made in the correct court. If you make a claim in the wrong court and any award of compensation is less then minimum amount for that court then you may not be entitled to get all your costs of the proceedings.
Most cases will never go to Court and are settled between the parties. But if your case does go for hearing then a judge will hear your case and decide whether you are entitled to compensation or not. Should you lose your case, you will be liable for both your own legal team costs and other costs as well as the costs of the other side. In pretty much all cases, where you win, you will be awarded your costs. However not all costs are recoverable.
We at Holohan Lane LLP have significant experience in dealing with complex Personal Injury cases*. We will explain the process to you in detail and we will also set out the strengths and weaknesses of any potential proceedings and the value of your compensation. We have a proven track record in obtaining excellent settlements for our clients. We will guide you through all the legal aspects of dealing with a claim for compensation for your injuries.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.