PIAB – Injuries Board Claims

PIAB (Personal Injuries Assesment Board) – Step by Step Process

In order for our firm to put your claim through PIAB (Personal Injuries Assessment Board) we must first take up a medical report from your treating doctor. This report will outline all of the injuries sustained by you as a result of your accident. This report is very important as PIAB will base their assessment of your claim solely on the contents of your medical report along with the report of an independent medical practitioner.

Once we have received the report from your doctor we will send a copy of it to you along with a Form A. The Form A is the application form which must be completed and signed by you in order for PIAB to deal with your claim.

At Synnott Lawline Solicitors we specialise in PIAB applications. We provide expert advice throughout the entire process and ensure that each and every client receives our full care and attention. We ensure that the Board adheres to the time limits imposed on it and deal with all queries from the Board on your behalf.

If you have been involved in previous accidents or think that it may be necessary to bring your claim against more than one person/company, if your injuries are serious and no final prognosis has been given, if you are suffering with psychological injuries or if you were suffering with previous injuries or illness it is highly recommended that you seek the advice of an experienced solicitor before making an application to the Injuries Board.

If you have decided to make an application to the Board yourself, without using the services of a solicitor, we will be happy to arrange a consultation with you to look at the paperwork and advise as to whether or not we believe that the Board has made a fair assessment of your claim.

If the claimant’s injuries are in any way complicated or complex the Board will not be in a position to make an assessment. They can only make an assessment where there is a final prognosis available to them from a doctor i.e. the Board needs to be provided with a specific timeframe within which the claimant is expected to recover from their injuries.
If the claimant has been involved in previous accidents, wherein they sustained similar injuries, the Board will not be in a position to make an assessment. Usually, where the claimant has been involved in previous accidents, it will be necessary to obtain the medical records of the claimant in order to ascertain the injuries sustained in those previous accidents. These records are usually requested by the respondent/defendant during a process called ‘Discovery’, this process cannot be dealt with at the Injuries Board stage.

It should be noted that the Injuries Board, usually, do not pay any legal fees. This means that any fees due to our office will be taken out of the award of the Injuries Board, should you accept same. The issue of legal costs was one of the biggest failings of the Personal Injuries Assessment Board Act of 2003. Before this Act came into being, all claimants/plaintiffs were entitled to their legal costs. If the claimant has had more than one accident within a short period of time, the Board will not be in a position to make an assessment.
When your application is received by the Board they will issue a letter called a ‘Section 50 Letter’. This letter confirms that the Board has received your application. Once this letter is issued the Statute of Limitations stops running against you. Under the Statute of Limitations a claimant has two years from the accident date within which to bring a claim for compensation. Once the two year term has expired the claim becomes statute barred, meaning the claimant is no longer able to claim compensation for the injuries sustained. The application must be received by the Board before the expiration of the two year time period. The Statute then stops running while the claim is being assessed by the Board. If the claim does not settle at the Injuries Board stage, and the claimant is issued with an Authorisation by the Board, the claimant is given a further six months within which to issue proceedings.

  1. The first step taken by the Board is to contact the respondent (the person/company you are suing) and ask them whether or not they will allow the Board to make an assessment (offer money to the claimant). The respondent is given 90 days within which to respond. If the respondent does not agree to an assessment then the Board will issue what is known as an Authorisation, allowing the claimant to issue court proceedings.
    If the respondent agrees to the Board making an assessment, the Board will notify us in writing that they will be proceeding with an assessment and provide a ‘Schedule of Special Damages Form’ and ‘Loss of Earnings Certificate’ which should be completed by the claimant. The Schedule of Special Damages outlines the claimants out of pocket expenses e.g. medical expenses, travelling expenses, car damage, or any other expense incurred by the claimant as a result of their accident. The Certificate of Loss of Earnings needs to be completed by the claimant’s employer; this will only be necessary if the claimant was out of work due to the accident and was not paid while out of work.
    If the Board is going ahead with an assessment, it has 9 months from the date of the decision to make an assessment within which to make it.
  2. The next step for the Board will be to have the claimant assessed by an independent doctor in order to take up a medical legal report.
  3. Once the Board is in receipt of the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate) and the medical report, they will proceed to make an assessment.
  4. We will be notified in writing of the award being made by the Board. The claimant is given 28 days to decide whether or not they wish to accept the award. The respondent is given 21 days within which to make the same decision.
  5. If both parties accept the assessment then an ‘Order to Pay’ will issue and the claimant’s cheque is usually requisitioned within 6 weeks.
  6. If one or both parties reject the assessment, the Board will issue an Authorisation, allowing the claimant to issue court proceedings. Just because court proceedings are issued does not mean that the claimant/plaintiff will end up in court. If we do end up issuing proceedings on your behalf, in the majority of cases the claim settles before going to trial.

If you have a question about a PIAB Claim* contact us on
Locall 1850 20 40 60, Tel: 01 453 7890 Email us or tell about your case and start your claim today.

Contact Synnott Lawline

PIAB First?

At Synnott Lawline Solicitors we specialise in PIAB applications. We provide expert advice throughout the entire process and ensure that each and every client receives our full care and attention. We ensure that the Board adheres to the time limits imposed on it and deal with all queries from the Board on your behalf.

PIAB PROCESS

Legal Fees

There are multiple factors which are taken into account in the assessment of a solicitor’s bill. In addition to the professional fee and miscellaneous charges payable to the solicitor, there will be items of outlay payable to third parties. Read more about factors that determines solicitors fees.

Legal Fees

Injury Claims Services*

We are one of Irelands’ leading Personal Injury Claims Law Firms and have been providing expert legal advice on all types of injury claims for over 30 years. Our team is dedicated to providing the very best level of service in a friendly and efficient manner for all aspects of claims. See our page on personal injuries claims.

Claims Services

Compensation Guide

This booklet has been produced by Synnott Lawline Solicitors to give our clients an understanding of the personal injury compensation claims process. In some of our correspondence during the course of your compensation claim, we will make reference to the relevant sections of this guide by way of explanation of the particular aspect of your claim.

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