Personal Injury

Despite the establishment of the Personal Injuries Assessment Board in 2003 as a more streamlined method for individuals to recover compensation, the path remains fraught with difficulties. Having the assistance of professionals to negotiate the best settlement and advise you of your options possible makes sound economic sense. O'Dowd Solicitors have the expertise you require.

We deal with claims such as:

 

Matters not dealt with by the Injuries Board

Matters involving Medical Negligence are not dealt with by the Injuries Board, and furthermore they have the discretion to refuse to deal with matters due to:

  • The complexity of the claim
  • The injuries sustained involve an element of psychological damage
  • aggravated or exemplary damages are sought
  • an early trial is needed

(a full list is available in the Personal Injuries Assessment Board Act, section 17)

Even where the Injuries Board will deal with a particualar claim, in some situations such as where an individual was injured due to a defective object or building it may be necessary to go to court to seek to have the defective item preserved so that it may be examined by experts.

 

Time Limits

Except in a limited number of situations, a claimant has  two years from the date of the accident to initiate legal proceedings for compensation. If this time limit is not adhered to a claim will automatically fail. One exception to this is minors, who have until their 20th birthday to initiate proceedings, however even if not automatically barred, the length of time may give rise to difficulties.

 

The Procedure in making a claim

The procedure in making a claim is as follows:

  1. The Appropriate application forms are filled up by the claimant (Form A) and their doctor (Form B).
  2. The matter is filed with the Injuries Board
  3. The Injuries Board contact the person against whom the claim is made (the respondant).
  4. That person has 90 days within which to consent to the Injuries Board assessing the claim. If the respondent does not consent then the Injuries Board issue an authorisation for the matter to proceed through the court system. If the respondent ignores the correspondence the Injuries Board will proceed as if a consent was granted.
  5. Assuming the Injuries board have the consent of the respondent they will evaluate the claim. If necessary they will refer the claimant to a medical practitioner. Based upon the "book of quantum", they will then put a value on the claim and issue their finding to both parties. They will take into account "general damages" i.e. a sum of money to compensate the claimant for the injury suffered as well as  "special damages" which might include matter such as medical expenses or taxi fares.
  6. If both parties are satisified with the decision the matter will come to an end at this point. If one or both parties are not satisified the matter will be remitted to the court system.