How do I bring a Personal Injury Case?
We understand that suffering a personal injury is a traumatic experience that can severely impact your quality of life. With this in mind, our aim is to make the process of bringing a case as straightforward as possible.
This short guide aims to outline the typical procedure of bringing an accident claim, whether the injury occurred at work, on the road or in a public place.
1. Seek Advice
Following an accident, your insurance company may approach you with an offer of quick settlement. At this point you may not have received the necessary legal and medical advice in order to assess the extent and impact of your injuries, nor the value of your case from a legal standpoint.
It is therefore best to seek advice in order to ensure you get the compensation you deserve.
2. The Injuries Board
The Injuries Board is a statutory body that deals with all personal injury cases made in Ireland.
Almost all personal injury cases are dealt with initially by the injuries board and it is only when either the claimant or the third party’s insurers reject the injuries board assessment that Court proceedings may be issued.
An exception to this rule is in Medical Negligence cases, which are dealt with exclusively by the Courts.
3. Injuries Board procedure
– Supporting documentation
Bringing a compensation claim to the Injuries Board involves submitting a medical report setting out details of the injury sustained together with an application form giving an outline description of the accident, the expenses incurred by the injured party and other background information.
– Letter prior to application
Before submitting this application, a letter must be sent to the person whom it is alleged is responsible for the injury within two months of the date of the accident unless there are good reasons why this cannot be done.
4. Injuries Board decision
The Injuries Board has up to fifteen months from the date on which the party being held responsible by the claimant consents to the assessment of compensation by The Injuries Board. Either party may reject the award made by The Injuries Board and if this occurs a form of authorisation will be issued that enables the injured party to issue Court proceedings.
In a significant number of cases to date, The Injuries Board have declined to assess cases, usually on the basis that they are either too complex or, where they believe that it will not be possible to assess the case within the statutory time frame.
5. Initiate court proceedings – If offer rejected by either party
If either party rejects the decision of The Injuries Board the injured party has the option of issuing court proceedings.
In bringing a case, it is important to be advised on any assessment made by The Injuries Board due to the skill and complexity involved in assessing such cases.
At S.T.O’Sullivan & Co. Solicitors we have the 35 years experience in managing personal injury cases and have brought hundreds of cases before The Injuries Board since its inception in 2003.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement.