Personal Injuries

In order to successfully bring a claim for personal injury, you must be able to demonstrate that another party was negligent and the accident was caused by their negligence. For example, if you had an accident in work you must be able to prove that your employer or a colleague was to blame for the accident. Or if you were involved in a car accident you must be able to show that the accident was caused by another driver.

You must also be able to prove that you have suffered an injury. If you were genuinely injured then you will likely have required medical treatment by your own GP or by medical staff in a hospital. Medical evidence must support your claim for personal injury. Solicitors are able to request your medical notes and records from whichever medic treated you and we can request a medical report from the treating doctor to outline your injuries for the purpose of supporting your personal injury claim.

Once we have a medical report to hand and all relevant information relating to the accident circumstances, we can then submit your case to the Personal Injuries Assessment Board (PIAB). All Personal Injury cases in Ireland must be submitted to PIAB (with some exceptions such as medical negligence claims). PIAB is an independent statutory board that assesses the value of Personal Injury claims in Ireland. PIAB will assess all medical evidence to hand and put forward their valuation on what they feel the claim is worth. If all parties are happy with the assessment then the case will be settled and compensation will be paid.

However if a Defendant to the claim feels that they are not to blame for the accident then they will likely not agree to PIAB assessing the claim, and the claim will exit the PIAB process. Court proceedings will then be necessary to progress the matter. The bottom line is that PIAB will only get to assess the value of a case if the Defendant is happy to allow this, and they will only consent to this if they are happy to accept blame for the accident.

There may also be cases where the Defendant is happy for PIAB to assess the value of the case, but either the client or the Defendant is not happy with the valuation that PIAB has placed on the claim. Typically a client may feel that the assessment or award is too low, or the Defendant may feel that it is too high. The bottom line is that all parties must be happy with the award for settlement to take place within the PIAB process. If one or all of the parties are not happy with the PIAB assessment, then the case will exit the PIAB process and Court proceedings will be necessary to progress the case.