If you have suffered an accident at work, a road accident or a fall in a public place or business premises, then you may want to submit a personal injury claim. The law that governs this is the Personal Injuries Assessment Board Act 2003. Before you submit your claim, read through the following guidelines.
The Application Process
Step 1: Submit Your Application
If you are hiring a personal injury claims solicitor, they will make the application for you. If you choose to submit it yourself, you must go through InjuriesBoard.ie. To do this you must fill out the online application form, send in your medical report and pay the EUR45 euro processing fee. You may need to be examined by an independent medical professional appointed by InjuriesBoard.ie.
You must submit your claims within two years of the accident taking place unless:
- You were a minor when the accident occurred.
- You did not know that you were injured at the time.
- You did not know who injured you.
Step 2: Wait For Settlement or Go To Court
The Injuries Board will contact the other party and ask them if they consent to the Injuries Board dealing with the case. If the other party says yes, then the Injuries Board will deal with it. It takes an average of seven months to process the application. If the other party does not consent to the Injuries Board dealing with your case, then the case will be dealt with in court (i.e. you will be issued with an ‘authorisation’ to go to court).
Step 3: Go To Court
If the case goes to court, the court proceedings will take one of the following formats:
- The Other Party Has Admitted Blame: If the other party has admitted blame but they are disputing the settlement value, then the purpose of the court case is to establish a settlement value.
- The Other Party Has Not Admitted Blame: If the other party has not admitted blame then the court must first establish who is wrong (this will involve cross examining witnesses). Following this, the settlement value is decided by the court.
Step 4: The Outcome
You can only win the case if blame can be attributed to the other party. If more than one party is to blame (e.g. if you are partly to blame), then the court can divide the blame between the responsible parties. After the court decides who is to blame, the court will establish a settlement value. The court may or may not order the losing party to pay for the legal fees for both sides.
How Much Will You Get?
InjuriesBoard.ie have a claim value estimator that states the following estimated amounts:
- Head: EUR23,300 – EUR129,000
- Nasal and Cheek: EUR14,900 – EUR25,400
- Jaw: EUR16,500 – EUR78,000
- Dental: EUR3,600 – EUR12,800
- Neck and Back: EUR14,400 – EUR85,900
- Shoulder and Upper Arm: EUR14,600 – EUR145,000
- Wrist and Hand: EUR13,200 – EUR192,000
- Hip and Leg: EUR15,400 – EUR87,200
- Ankle, Foot and Toe: EUR10,000 – EUR84,200
This article was written by Alice Corbett who recommends www.pjf.ie for personal injury claims.