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What is the Personal Injury Assessment Board?

Posted on by Dyjaho_Admin

In our blog on Personal Injury Claims, we discussed the Personal Injury Assessment Board (PIAB) – the statutory body that assesses personal injury claims. But just what is the PIAB and what do you need to know about it if making a personal injury claim?

What is the Personal Injury Assessment Board?

The PIAB is an independent statutory body, to which all personal injury claims in Ireland must be submitted. This does not include medical negligence claims. The purpose of the PIAB is to provide an independent assessment of personal injury claims for compensation following incidents such as road traffic accidents, workplace accidents and public liability accidents.  

According to Citizens Information, claims are usually assessed approximately seven months from the point when respondents consent to having the claim assessed. In court, this can take up to 36 months.

How do I make an application to the Personal Injury Assessment Board? (PIAB)
While you can make an application to the Injuries Board without the assistance of a solicitor, it is recommended by the Law Society of Ireland that members of the public should use a solicitor in their dealings with the PIAB, as a competent personal injury solicitor will be experienced with the application process and all of its various requirements. This will also ensure that your claim will progress smoothly and in an efficient manner.

1. Your first step in making an application to the PIAB should be to speak with a personal injury solicitor, who will be able to provide you with the information that is required to submit your application. They will then prepare your file and gather all required information. The following details are usually required to complete your application: 

  • Details of the accident;
  • Details of the injuries you have suffered, including evidence such as photographs;
  • Details of any previous injuries, conditions or accidents you have been involved in;
  • A list of the expenses that you have incurred as a result of this accident, such as your medical bills;
  • A description of the person who is at fault.

It’s extremely important that you identify the correct person at fault when you are making your application. If you have identified someone to be at fault, and the PIAB does not agree with your identification of the person at fault, then the accused person can apply for an order of costs to be issued. This means that you will be obliged to pay their legal fees. 

It’s also vital that your form is completed correctly as there will be no opportunity to amend or re-submit it. 

2. A medical report will be a key part of your claim as it will confirm the details of your injuries. Your solicitor can request this from the medical professional that treated you, and it should include a prognosis, estimated time for recovery and details of any treatments that are necessary for your case.

In cases where a psychological injury has been sustained, your solicitor will request a report from the psychologist that treated them.

3. Form A

  1. Once your solicitor has received your medical report, they will have all of the information needed to start processing your application to the PIAB. They should now start completing what is called a ‘Form A’, which will be submitted with copies of your medical reports and other relevant documentation. 

Online applications cost €45, and the submission of postal or email forms cost €90.

The PIAB will confirm with you once they have received your application. They will issue a reference number for your application, notify the person / company of your personal injury claim against them and also send them a copy of your application form and relevant medical reports.

4. Your claim will then be assessed by the PIAB, and they will make their decision. If their conclusion is in your favour, then the PIAB will suggest a compensation amount to be paid by the party at fault. You cannot negotiate this offer – only accept or reject it. The next steps in your claim are determined by your mutual agreement (with the person deemed at fault) or your disagreement on the compensation amount. You will have 28 days to make this decision.

  • If you both agree to the compensation amount, the PIAB will issue an ‘Order to Pay’ which orders the person at fault to pay the compensation due to you;
  • If one or both of you do not agree to the suggested compensation amount, then you will be issued with an Authorisation to move the claim forward and issue legal proceedings to resolve the matter. 

PIAB Time Limits

The PIAB has a period of nine months from the date they receive your application to assess your claim. If this is not possible, you will be contacted by the PIAB with a request for an extension. 

If there has not been an agreement on the PIAB’s assessment of your case, you will be issued with an Authorisation to move to Court proceedings. You will have six months from this date to issue legal proceedings to bring the personal injury claim to court. 

Claimants have a two-year time limit from when the accident occurred to make a personal injury claim. If you do not start the claims process within this period, your claim will not be enforceable. 

However, in some cases a person may not know they have been injured. If this is the case, the two-year limit will start from the time that the person becomes aware of their injuries. 

What type of accidents are dealt with by the PIAB?

Road Traffic Accidents: this includes anything from car, truck, and bus accidents, to motorcycle and bicycle accidents, and even accidents involving pedestrians. 

Accidents at Work: these types of accidents usually include slip, trip and falls at work; injuries incurred through manual handling or from hazardous environments; or repetitive strain injuries to name a few. 

Accidents in a Public Place: also called Public Liability Claims, these types of accidents can include slip, trip and fall incidents in public places such as a shopping centre, public park, shops, on a pavement or footpath, or on someone’s property. 

Exceptions to the PIAB process

It’s important to note that there are a number of injuries that are not assessed by the PIAB. These include: 

  • Medical negligence (read more here);
  • Assault claims; 
  • Cases where the injuries sustained are solely psychological. However where there is a psychological / psychiatric element to a personal injury claim, the PIAB will likely proceed in their assessment. 

The PIAB may also decline claims where there are complexities arising from pre-existing medical conditions.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have been injured due to someone else’s wrongdoing, we can help you with the claims process. Contact us on 021-496 3400 or maharvey@martinharvey.ie.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

What is a Personal Injury Claim?

Posted on by Dyjaho_Admin

A personal injury* claim is a legal case in which the claimant has suffered an injury or illness because of the actions or negligence of another person or entity.

The claim serves to seek compensation from the responsible party for damages caused by the injury, for example medical fees or loss of wages due to missing work.

How do I know if my claim is eligible?

The best way to find out if you have a claim worth pursuing is to contact a personal injury solicitor, who will be able to discuss your claim and advise on whether you can raise a claim.

Overview of Common Terms

If you are pursuing a personal injury claim, you may come across some unfamiliar terms, or terms you may have heard before but don’t fully understand. To help ease any confusion, we have outlined some of the most common terms that may crop up: 

  • A personal injury is an injury of a person’s body, mind or emotions.
  • In a personal injury claim case, the claimant or plaintiff is the person who suffered the injury. 
  • The defendant is the person or entity (such as an organisation) who is responsible for the injury. This party may also be referred to as the respondent.
  • The Personal Injury Assessment Board (PIAB), also called the Injuries Board, is the statutory body that assesses personal injury claims. All personal injury claims, apart from medical negligence claims, must be submitted to the PIAB.
  • There are two types of damages that can be incurred due to a personal injury. General damages are non-economic costs associated with the injury, such as emotional distress. Special damages are the economic costs incurred due to the injury, such as medical fees. This includes any future costs that the claimant will incur, such as ongoing medical fees due to long-term injury.
  • Contributory negligence is a term referring to situations in which the claimant is partially responsible for their injury. You may still raise a claim in this instance.
  • Letter of Claim is sent by the claimant to the defendant. It provides details of the accident and invites the defendant to propose compensation procedures. This letter needs to be served to the defendant within 2 months of the accident.
  • The date of knowledge is the date on which the plaintiff discovered they were injured. This may be the same date as the accident, however some injuries may take some time to develop. Claims must be made within 2 years of the date of knowledge. This 2 year period is called the statute of limitations. If you do not file your claim within this period, you will be statute barred, meaning you are prohibited from raising a claim.
  • If you are making a personal injury claim, you will likely be required to submit a medical report from your GP or the medical practitioner who treated your injury.

What are the most common types of personal injury claims?

According to the PIAB Annual Report 2021, 18% of personal injury claims were public liability claims, 13% were employers liability, and 69% were motor liability. (Source)

Road Accidents*

Road accidents claims* pertain to any type of injury sustained on the road by road users including motorists, cyclists, and pedestrians. Accidents include: 

  • Car accidents*
  • Pedestrian accidents*
  • Rear-end or side-impact collisions*
  • Bicycle accidents*
  • Motorcycle accidents*
  • Accidents due to poorly maintained roads*
  • Bus accidents*
  • Hit and run Accidents*
  • Accidents on the motorway*
  • Passenger accidents*

Work Accidents*

Employers have a duty of care to their employees. If employees sustain an injury in the workplace due to the employer’s failure to fulfil this duty of care, the employee may raise a work accident* claim, also known as an employer liability* claim.

These may include:

  • Construction site accidents*
  • Farm accidents*
  • Dangerous or faulty machinery accidents*  
  • Health and safety violations*
  • Accidents caused by poor lighting*
  • Ladder accidents*
  • Repetitive strain injuries*
  • Faulty personal protective equipment*
  • Manual handling injuries*

Public Claims*

Property and business owners, councils, and government bodies have a responsibility to ensure that any public space that they own is safe for public use.

If someone is involved in an accident in one of these spaces and sustains an injury because the area was not fit for public use, they would have grounds to raise a public claim.

Common public accident* claims include:

  • Slips, trips and falls in public places*
  • Car park accidents*
  • Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
  • Food poisoning from a restaurant*
  • Accidents caused by spillages or wet floors*

Common causes of these kinds of accidents include:

  • Damaged pavements/footpaths
  • Untreated roads, footpaths, cycle paths during winter
  • Failure to display ‘wet floor’ signs in supermarkets
  • Tripping over 

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injury claim, it is often the case that the Board will proceed to make an assessment in this matter.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have been injured due to someone else’s wrongdoing, we can help you with the claims process. Contact us on 021-496 3400 or maharvey@martinharvey.ie.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

Making a Personal Injury* Claim: Step by Step

Posted on by Dyjaho_Admin

Sustaining a personal injury can be a traumatic experience. 

Whether you are subject to a road traffic accident*, a slip or fall in a public place*, or casualty in the workplace*, you may experience many forms of trauma including physical and psychological pain.**

If you have been involved in an accident wherein you received an injury due to the negligence of another person or entity, you may want to seek compensation by making a personal injury* claim. Read on to find out what steps you should take.

For an introduction to personal injury* claims, read our Complete Guide to Personal Injury* Claims.

Speak With a Solicitor

Making a claim can be a lengthy and complex process, with numerous strict stipulations. For this reason, your first step in making a claim should be to consult a solicitor, who will look out for your best interests and protect your rights. They will also provide help and guidance in submitting your application, procuring your medical report, and providing advice on whether you should accept or reject the assessment made by the Personal Injuries Assessment Board (PIAB). If you take your claim to court, they can arrange for the necessary court proceedings to be drafted and act as your legal representation.

Contact the Responsible Party

You must contact the responsible party, a.k.a. the respondent, in writing within one month of the accident, advising them of the accident and resulting injury. If you do not do this within one month, your PIAB application may not be affected, but it may infringe on your case if you end up taking it to court. The respondent must consent to the PIAB assessment within 90 days of your notice. If the respondent does not want the claim to be reviewed by the PIAB, you may take the claim to court. (Source)

Establish Your Medical History

As part of your application, the PIAB will need to review a medical report. (Source) This report can be provided by the medical practitioner who treated the injury in question. If you are unable to submit a medical report along with your claim application, you can ask your doctor for a note with details of your injury. You can also opt to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application on its own and send the medical report later. However, please note that you must submit all documentation (application, medical report, and fee) within two years of sustaining the injury. (Source) Before assessing your claim, the PIAB may carry out an independent medical examination. (Source)

Fill Out a Personal Injury* Claim Application

As mentioned, personal injury* claims should be sent to the Personal Injuries Assessment Board (PIAB), apart from cases of medical negligence.** The PIAB is an independent statutory body that assesses “personal injury claims for compensation following road traffic, workplace or public liability accidents.” (Source)

To submit your claim, you can go to piab.ie to fill out the application form. You may submit the form online or by post.

Submit Your Application

When submitting the form, you must include the processing fee. As mentioned, if you have medical documentation at that point, include this with your application. If you have made any financial losses due to the accident, you must include receipts of this with your application. You can also include any other documentation that you deem relevant. (Source)

Remember that you must make the claim within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004. (Source)

Receive a Decision on Your Claim

Once the respondent permits the claim to be assessed by the PIAB, it will take ‘just over 7 months’ on average for a decision to be made. If your claim is taken to court, it may take up to 36 months. For claims assessed after 24 April 2021, the PIAB refers to the Personal Injuries Guidelines as a guideline for awarding personal injury* claims. (Source)

It is usually the respondent’s insurers that are responsible for paying compensation if the claim is awarded. (Source) If either you or the respondent does not accept the award provided by the PIAB, the case may be taken to court. (Source)

If you would like assistance regarding a personal injury* claim, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

The Complete Guide to Personal Injury Claims

Posted on by Dyjaho_Admin

Thousands of personal injury claims are made in Ireland each year. Road or motoring accidents are the most common – accounting for 70% of all claims in 2018. But what is a personal injury* claim? And what does the application process entail?

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. This guide is designed to help you to know what to expect during the claims process.

If you have an injury claim case for compensation, please contact us and one of our expert team will help to determine if you have a valid case.

What is a personal injury* claim?

A personal injury* claim refers to the legal action taken by a person after they have been involved in an accident or injured because of the actions or negligence of another person or entity. A claim seeks compensation for the accident or injury such as damages, cost of medical care, loss of wages due to missed work, and psychological trauma.

If you have been involved in an accident where you have suffered injuries as a result of somebody else’s wrong doing, then you may be entitled to make a claim.

Types of personal injury* claims

Most cases will fall under one of the following common personal injury* claim types:

Road Accidents*

Road accidents claims* are any type of accident or injury sustained on the road by road users including motorists, cyclists, and pedestrians. Some examples of these types of claims are:

  • Car accidents*
  • Pedestrian accidents*
  • Rear-end or side-impact collisions*
  • Bicycle accidents*
  • Motorcycle accidents*
  • Accidents due to poorly maintained roads*
  • Bus accidents*
  • Hit and run Accidents*
  • Accidents on the motorway*
  • Passenger accidents*

Work Accidents*

Work accident* claims (also known as employer liability* claims) refer to any accident or injury sustained in the workplace as a direct result of the negligence of the employer or fellow employees. Some common accidents or injuries at work include:

  • Construction site accidents*
  • Farm accidents*
  • Dangerous or faulty machinery accidents*
  • Health and safety violations*
  • Accidents caused by poor lighting*
  • Ladder accidents*
  • Repetitive strain injuries*
  • Faulty personal protective equipment*
  • Manual handling injuries*

Public Claims*

Public claims (also known as public liability* claims) refer to any accident or injury sustained in a public place as a result of improperly maintained as a safe environment for public use. Common public accident* claims include:

  • Slips, trips and falls in public places*
  • Car park accidents*
  • Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
  • Food poisoning from a restaurant*
  • Accidents caused by spillages or wet floors*

Who is involved with a claim?

The Claimant

The Claimant, also known as the Plaintiff, is the injured party making a claim.

The Respondent

The Respondent, also known as the Defendant, is the person or entity who the Claimant holds responsible for the accident or injury.

The Personal Injuries Assessment Board

The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury* claims. All personal injury* claims in Ireland (except for cases involving medical negligence) must be submitted to the PIAB.

The PIAB provides an independent assessment of personal injury* claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the Respondent) does not want the PIAB to assess your claim for compensation, you can take your claim to court.

The Solicitors

A solicitor will help look out for your best interest, protect your rights and help provide an accurate picture of the true extent of your injuries and suffering (physical and psychological) either now, or in the future.
They will:

  1. Take detailed instruction from you
  2. Uplift a Comprehensive Medical Report from your treating physician
  3. Prepare and submit a complete Application with the PIAB
  4. Provide the necessary advice as to whether a PIAB Assessment should be accepted or rejected
  5. If necessary, arrange for the necessary Court proceedings to be drafted and then represent you in Court

The Insurers

The Respondent’s insurers are typically who is responsible for the payment of an awarded compensation.

How to make a claim

  1. Speak with a solicitor
  2. Contact the responsible party
  3. Establish your medical history
  4. Fill out an Injury Claim Application
  5. Submit application
  6. Awarding of claim

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injuries claim, it is often the case that the Board will proceed to make an assessment in this matter.

The PIAB is also not empowered to deal with medical negligence claims as these are excluded the Personal Injuries Assessment Board Act 2003 as amended.

In general, if a case is complicated in terms of injuries or indeed liability, then the Board will often exercise its discretion and refuse to deal with the case as they are constrained by time limitations.

FAQs about Personal Injury* Claims

How do I know if I have a claim?

Our team of personal injury* specialists can help advise about your case. We will take the time to learn about you and the situation and make sure you understand your rights.

Generally, to be eligible for a claim, you must meet the following criteria:

  • You have been in an accident or injured where someone else is at fault
  • The accident needs to have happened within the last two years

What type of claims are not assessed?

PIAB does not assess the following claims:

  • Medical negligence claims*
  • Assault claims*
  • Cases, where the injuries sustained, are wholly psychological

PIAB may also decline claims where there are complexities arising from pre-existing medical conditions.

Do I have to instruct a solicitor to make a claim?

No, you are not legally obligated to instruct a solicitor to make a personal injuries* claim. However, suffering from a personal injury can be a very traumatic experience. It can take many forms including physical injury and pain and psychological pain such as fear, anxiety, depression, reduced vitality and psychiatric illness.

This pain and suffering is often ignored by insurance companies if approached directly in order to reach a quick settlement. A solicitor will help look out for your best interest, protect your rights and provide an accurate picture of the true extent of your injuries and suffering either now, or in the future.

Is there an application fee?

There is a fee to submit the application to the PIAB and a fee for

How much are legal fees?

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

How long will it take?

On average, claims made to the PIAB are assessed in just over 7 months from when the Respondent consents to have the claim assessed by the PIAB. Personal injury claims taken in the courts can take up to 36 months.

Are there time limits?

Yes, there is a certain window of time in which to make a personal injury* claim following an accident. A Claimant must notify the Respondent within one month of their intent to make a claim. Then, a person has two years less one day from the date of knowledge of their injury to bring a claim forward.

What is the date of knowledge?

The date of knowledge refers to the date on which the injured person gained knowledge of the following facts. In many cases, the date of knowledge will be the day of the accident if the injuries are immediately noticeable. However, in some cases, an injury or illness may not manifest for some time after the accident. In these cases, the date of knowledge is the date they found out they were injured.

The law is different for persons under the age of 18. In law these persons are called minors and the Rules in terms of taking claims and time restrictions are much easier for minors than they are for persons over the age of 18 who are deemed to be legal adults.

A person under the age of 18 has two years from the date of their 18th birthday to take a claim for personal injuries* arising out of an accident during their minority.

What are the award amounts?

The Book of Quantum is a general guide to the amounts that may be awarded, and legislation requires PIAB to regard it when assessing claim values. The Book of Quantum give us a guideline of a value for the injury you have sustained, but there are other factors that may be taken into account when making a claim, such as:

  • Loss of earnings, past and future
  • Medical bills, past and future
  • Other out of pocket expenses, for example, travel costs

Your solicitor will help you interpret the PIAB assessment and together you may come to a decision. Important to note is that you have the final say in whether to settle the case at this stage.

What is Contributory Negligence?

Contributory negligence is when the Claimant is found to have contributed to the situation which caused the accident or increased the severity of their injuries. This will reduce the potential award amount. Consulting an experienced solicitor can help minimise contributory negligence that may prevent you from receiving the maximum compensation to which you are entitled.

Get Started on a Claim

In respect of Personal Injuries* Litigation, our expertise at Martin A Harvey & Co. Solicitors range in the following circumstances:

  • Accidents at work/workplace accidents*
  • Local authority claims / trip-and-fall cases*
  • Road traffic accidents*
  • Fatal injuries actions*
  • Garda compensation cases*
  • Nervous shock / post-traumatic stress cases*
  • Criminal Injury Compensation Tribunal*

If you would like to discuss a personal injury* that you have suffered, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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