FAQs – The Injuries Resolution Board (PIAB)

What is the Injuries Resolution Board? (Formerly known as PIAB)

The Injuries Resolution Board (PIAB) was established under the Personal Injuries Assessment Board Act 2003. It is a statutory body set up to assess personal injury claims, such as road traffic accidents and workplace accidents. This means the board will assess your injuries and place a value on your case. The Injuries Resolution Board does not handle medical negligence matters. How long does an Injuries Resolution Board Claim Assessment take?

How long does an Injuries Resolution Board Claim Assessment take?

When an application is made to the Injuries Resolution Board, they will provide what is commonly called a Section 50 Letter. This letter informs you that the board will put the respondent (the person or company you are suing) on notice of your application and that the respondent is required to provide a written response within 90 days. The 90-day time limit does not begin to run until the board have actually written to the respondent.

How does the Injuries Resolution Board calculate the value of claims?

When an application is made to the Injuries Resolution Board, it will include a medical report from your treating doctor (Form B). This report will outline the injuries sustained in your accident, all treatment provided, and, if possible, a diagnosis and prognosis for your future recovery. The board will review your medical report and then arrange for you to be examined by an independent medical expert. Depending on the injuries sustained, the Injuries Resolution Board may decide to have you examined by more than one expert.
Once the board are in receipt of the relevant medical evidence, they will be able to put a value on your case. This assessment will be made using the Personal Injury Guidelines.

Does the Injuries Resolution Board pay legal fees?

No they do not. In some cases, the Injuries Resolution Board may award a small contribution towards legal costs. This contribution does not come close to covering the cost of the legal services provided. This is in stark contrast to cases where court proceedings have been issued. If your case is not resolved by the Injuries Resolution Board and you choose to issue court proceedings, if you are successful in those proceedings, you will be awarded your legal costs.

It should be noted that as the board does not award any costs, your legal fees must come out of the figure assessed by them. The foregoing is a very brief synopsis of the workings of the Injuries Resolution Board. Needless to say, there are many different situations that can and do arise, and we will, of course, fully advise you in relation to your particular circumstances. Read more about legal fees.

The issue of legal costs was one of the biggest failings of the Personal Injuries Assessment Board Act 2003 (now the Injuries Resolution Board). Before this Act came into force, all claimants/plaintiffs were entitled to their legal costs. If a 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.

Does the Injuries Resolution Board provide legal advice?

The Injuries Resolution Board does not provide any legal advice. They will lead you to believe that the claims process is simple and hassle-free, which is simply untrue. There are a number of common pitfalls that all claimants should be aware of when dealing with the Injuries Resolution Board.

Do I have to accept an assessment made by the Injuries Resolution Board?

No, you do not have to accept an Injuries Resolution Board assessment.
If you are not happy with the assessment made by the Injuries Resolution Board, you are free to reject the assessment and issue court proceedings. Sometimes a claimant may feel that the assessment is too low or that the board has not taken certain matters into account when making the assessment. There is absolutely no obligation on a claimant to accept the assessment.
It is best to seek advice from a solicitor when you receive an assessment from the Injuries Resolution Board. The same applies to a respondent; they do not have to accept an assessment made by the board.

What happens if the respondent consents to the Injuries Resolution Board assessment?

Just because a Respondent consents to the Injuries Resolution Board making an Assessment does not mean they have accepted liability. We are often contacted by clients wondering why a respondent would consent to the board making an assessment, in some cases even accept the assessment, and then deny liability when we issue court proceedings.

Firstly, a respondent may consent to the Injuries Resolution Board making an assessment when it is the cheapest option for them and they hope to avoid litigation. This in no way means they are accepting that the accident was their fault. Consenting to an assessment may simply be the cheaper option. If the Injuries Resolution Board makes an assessment which is accepted by the respondent, they can still deny liability.

What is an Injuries Resolution Board Medical Report?

In order for our firm to submit your claim to the Injuries Resolution Board, we must first obtain a medical report from your treating doctor. This report will outline all the injuries you sustained as a result of your accident. This report is very important, as the board will base its 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 you a copy along with Form A, the application form, which you must complete and sign for the Injuries Resolution Board to deal with your claim.
Once we have obtained the necessary medical reports, we will present your case to the Injuries Resolution Board on your behalf. Contact us to help with your board application.

What is a Section 50 letter?

When your application is received by the Board, they will issue a letter called a ‘Section 50 Letter’. This letter confirms that the Injuries Resolution 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 date of the accident within which to bring an injury claim.

Once the two-year term has expired, the claim becomes statute-barred, meaning the claimant is no longer able to claim for the injuries sustained. The application must be received by the Board before the two-year period expires. The statute then stops running while the claim is being assessed by the Board. If the claim does not settle at the Injuries Resolution 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.

What if the case is complicated?

If a claimant’s injuries are in any way complicated or complex, the Injuries Resolution Board will not be able to make an assessment. If a claimant has been involved in previous accidents in which they sustained similar injuries, the board will not be able to make an assessment. In this situation, it will be necessary to obtain the claimant’s medical records to ascertain the injuries sustained in those previous accidents. Contact us if you have a query about a complex claim – tel: 014537890.

What makes an injury case complicated?

Complicated cases include:

• If you have been involved in an accident where it may be necessary to bring a claim against more than one person or company.
• If you have been involved in previous accidents in which you sustained similar injuries, the Board will not be able to make an assessment.
Usually, where the claimant has been involved in previous accidents, it will be necessary to obtain the claimant’s medical records to ascertain the injuries sustained in those accidents. These records are usually requested by the respondent/defendant during a process called ‘Discovery’, which cannot be dealt with at the Injuries Board stage.
• If your injuries are serious and no final prognosis has been given.
• If you are suffering from psychological injuries, or if you were previously suffering from injuries or illness, it is highly recommended that you seek the advice of an experienced solicitor before making an application to the Injuries Resolution Board.
• The Injuries Resolution Board can only make an assessment when a final prognosis is available from a doctor, i.e., the Board needs to be provided with a specific time-frame within which the claimant is expected to recover from their injuries.

Injuries Resolution Board and the Other Side

The Injuries Resolution Board will notify the other side, or more usually their insurers, of the application. The other side has the option of consenting to the Board’s assessment procedure or declining. If they decline, the Board takes no further part, and we will then issue Court Proceedings for your injuries, loss, damage and expense. If the other side consents to the Board’s assessment, the Board will consider the medical reports furnished by both sides, including any independent reports commissioned, and will produce a valuation of the claim, usually within 9–15 months.

There is no oral hearing. If you are willing to accept the Assessment and the other side is willing to pay it, then this is the end of the matter. However, if either you or the other side does not accept the Assessment, the claim will proceed under the former Court Litigation system.

What is a Schedule of Special Damages?

Once the Injuries Resolution Board receives the completed Schedule of Special Damages, the Certificate of Loss of Earnings (if appropriate) and the medical report, it will proceed to make an assessment. We (the Solicitor) will be notified in writing of the award made by the Board. Read More about General and Special Damages.

Does the Injuries Resolution Board issue court proceedings?

If one or both parties reject the assessment, the board will issue an Authorisation, allowing the claimant to issue court proceedings. However, just because proceedings are issued does not mean 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.

Do I need a Solicitor for the Injuries Resolution Board?

YES.The Injuries Resolution Board will lead you to believe that you do not need a solicitor. The simple reality is that now, more than ever, you do. Read more about why you need a solicitor for Injuries Resolution Board.

Will I get more if I hire a solicitor?

You will greatly increase your chances of achieving a better financial outcome by engaging the services of a solicitor for several reasons. Read more about how you get higher compensation.