The Injuries Resolution Board, formally known as PIAB, was set up in 2004 on foot of the PIAB Act 2003 and is a statutory body which provides independent assessment of personal injury compensation for victims of workplace, motor and public liability accidents.
If you have sustained injuries as a result of a road traffic accident, an accident at work, or due to someone’s negligence, you may be entitled to compensation. All personal injury claims must be processed through the Injuries Board before any Court proceedings can be initiated, and a claimant must submit an application to the Injuries Board within 2 years of the relevant accident.
Once a claim has been lodged with PIAB, the Board will write to the party or parties responsible for the accident, known as the Respondent or Respondents, requesting their consent for an assessment, that is, allowing the Board to process the claim. The Respondent or Respondents have 90 days to state their position.
If the Respondent(s) decline to have the claim assessed, an Authorisation will be issued and the Claimant must then commence Civil Court proceedings to pursue the claim further. If, on the other hand, consent is given by the Respondent(s), the Board will proceed to arrange a medical examination for the injured party with one of their panel of doctors, after which a decision will be made regarding the appropriate level of damages for the injury in question.
Once the assessment has been made, both the Claimant and Respondent(s) have the opportunity to accept or reject it. If both parties accept, an Order to Pay will be issued against the Respondent(s), carrying the same significance as a Court Order, and on which the Respondent(s) must pay the relevant amount to the Claimant.
If either party rejects the assessment, an authorisation will be issued, and the claimant must then initiate civil court proceedings to continue the claim. In some cases, even if consent to an assessment has been given, the board may decide not to conduct an assessment—for example, if a claimant’s injuries are entirely psychological or if the injury is still significantly ongoing and a definitive prognosis cannot be provided within the 9-month timeframe.
Further to a recent Synnott Lawline Solicitors (then DJ Synnott Solicitors) case of Maggie Yang Yun –v- the Motor Insurers Bureau & Others, the cap on general damages i.e. the maximum level of compensation a person can be awarded for pain and suffering has been increased from €300,000 to €450,000? This is very significant in terms of the level of damages recoverable for a catastrophic injury.
In this particular case, the injured party, a 20-year-old Chinese National, was involved in a road traffic accident as a result of which she sustained a serious back injury. She subsequently developed significant Post-Traumatic Stress Disorder. As a result, she was forced to abandon her chosen career, such was the level of her injury. Whilst surgery was an option, the risk, albeit a small one, of paraplegia was significant enough for the Plaintiff to opt against the surgery despite medical advice to the contrary. The Plaintiff was ultimately awarded the sum of €325,000 for her pain and suffering.
When considering the level of damages applicable, the presiding Judge Justice Quirke confirmed that the principle of “restitution in integrum” applied i.e. the Court is required to place the Plaintiff in so far as money can do in the position she would have occupied had it not been for the injury. Justice Quirke took the opportunity to increase the cap on general damages on foot of this case and commented that “An award for damages must be proportionate; it must be fair to the Plaintiff and to the Defendant. It should be proportionate to social conditions, bearing in mind the common good and should also be proportionate within the legal scheme of awards made for other personal injuries”.
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
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