If you have been involved in a trip and fall accident in a public place it can be quite difficult to ascertain who was at fault. In a lot of trip and fall accidents there is more than one party at fault and all parties must be named in the PIAB application.
It is not unusual for the injured party to make an application naming the wrong respondent or only naming one of the respondents responsible for the accident. Unlike a solicitor, the Injuries Board does not carry out investigations to identify the correct respondent.
Most complications arise where there may be more than one respondent e.g. it could be the local county council, a management company, a building company that was recently working in the area, architects that designed the area in question etc. This is why a solicitor will instruct a consulting engineer to inspect the accident location before making an application to the Injuries Board, thus ensuring that the correct respondent(s) is named.
Naming the wrong respondent in an application to PIAB can cause lengthy delays in bringing your claim to a conclusion.
Before accepting an assessment made by the Injuries Board it is important to seek legal advice. In the majority of cases where the assessment of the Injuries Board is rejected, an experienced litigation solicitor should be able to obtain a higher settlement after initiating proceedings.