Welcome to Personal Injury Claims Advice Solicitors Dublin
A Guide To Personal Injury Claims In Dublin
If you are injured in an accident in Dublin and want to file a personal injury claim, you need to know what steps to take. The process for filing a personal injury claim in Ireland is slightly different from other countries. This is why you need to know about the regulations and all the steps you have to take to be successful in your claim.
The Personal Injuries Assessment Board
In Ireland, all personal injury claims except medical negligence will be handled by the Personal Injuries Assessment Board. This is an independent statutory body and assesses your claim. It is possible for the person you held accountable for your injuries to refuse a PIAB assessment of the case. In these situations, you will need to take the claim to court instead.
When working with the PIAB, you will need to provide the assessor with medical evidence of your injuries and documentation about the accident. During the PIAB assessment, you may be referred to an independent doctor that is appointed by the PIA. They will provide a report for the assessment on your injuries and the effects of the injuries.
If the assessor finds that your claim is valid, they will determine the damages you are due. To determine this, they will look at your injuries as well as your circumstances. The PIAB also has a guideline booklet that you can use to see an estimate of your damages based on the injuries you have.
It is important to note that the assessment will not be carried out if the person responsible for your injuries does not consent to this. In these cases, the claim is referred to the courts. Claims will also be referred to court is the injuries you have sustained are partially or wholly psychological. This is done because these damages are hard to assess using the standard PIAB procedures.
If the responsible party consents to the PIAB assessment, the assessment will take, on average, 7 months to complete. If the claim must be taken to court, this can take up to 36 months.
After the assessment, the PIAB will present both parties with their results. If both parties agree with the assessment, an Order to Pay will be issued to the responsible party. This order has the same legal status as a court award and the settlement will need to be issued by the responsible party or their insurance.
The Personal Injury Laws
While it is important to know that you should go through the PIAB, you need to know a bit more about the laws. In particular, you need to understand the statute of limitations in Ireland. Under the Civil Liabilities and Court Act 2004, the statute of limitations is 2 years from the date of the accident.
While this is the time limit for claims, you should notify the person you hold responsible within 2 months of the accident. The notification should be done in writing and detail what has happened. This notification allows the responsible party time to investigate your claim. While this time frame does not affect your claim with the PIAB, it can affect your claim if you need to go to court.
The Personal Injury Claims Process in Dublin
When it comes to filing a claim with the PIAB, it is best to understand the process and the timeframe for each step. The first step is to make a claim with the PIAB. You can submit your claim application online or through the post. Regardless of the way you apply, you will need to complete the Application Form A and the Medical Assessment Form B. The medical form will have to be completed by the doctor who treated your injuries.
Working with Personal Injury Claims Advice Solicitors Dublin
You will also need to pay an application fee when you submit the claim. The cost of the application varies depending on the submission method. If you submit your application online, you will pay €45. If you apply via the post, you will need to pay €90.
Once your application has been received, you will be allocated an application number. The PIAB will then inform the responsible party about the claim and they have 90 days to respond to this. If they agree to the assessment, they will have to pay a fee. If they do not respond or agree to the assessment, you will be provided with an Authorisation which is a legal document allowing you to take the claim to court.
If there is agreement, the PIAB will start their assessment. This can take months to complete and you need to be prepared for this. After the assessment, you will have 28 days to accept or reject the award they detail. If you accept, you will need to acknowledge this in writing to the PIAB. If you do not respond within the timeframe, the PIAB will take this as a rejection of the award.
The responsible party also has the chance to accept or reject the final assessment. They will have 21 days to do this. If they do not respond in writing to the PIAB, it will be assumed that they accept the assessment.
During the assessment process, the PIAB may request additional information. If you do not comply with the requests and your case is taken to court, you will be penalised for this. In these cases, the court can decide to not award costs to the person who did not cooperate. The court can also make this person pay some or all of the other party’s costs.
Filing A Claim If You Are Under 18
If you are under 18, you will need to be represented by a parent or guardian. The rest of the claim process will continue as normal. You will be able to apply for an assessment through the online channels and you will need to include all necessary documents.
If you need to file a personal injury claim in Dublin, you need to work with the PIAB. This is an independent body that handles all these claims and will assess the damages you are due. If the responsible party does not agree with the PIAB assessment, the claim can be taken to court.