Learn The Way The Injuries Board Assesses Injury Claims

If you are the victim of an accident, the first thing you think of is getting medical help

. After you receive medical care and assistance, the next thing you need to consider is whether the accident was the fault of another? If it was, you may consider making a claim for damages from the Injuries Board Ireland. Whether you are claiming damages for car crash injuries or workplace accident injuries, you need to apply to the Injuries Board first.

How does the process work? Here are the steps involved in the process.

As per the Civil Liabilities and Courts Act 2004, you have 2 years for filing a claim for compensation. However, it is not a good idea to wait for such a long time. This may result in problems if you later need to take the Claim to the Court. Moreover, this may lead to loss of evidence necessary for supporting your claim. Make sure you apply for injury assessment to the Board within 2 months of the date of the incident.

To apply, you have to complete the Application Form and get your treating physician to complete the Medical Assessment Form. You need to submit these two forms along with the requisite fees to the Injuries Board by post or online. After the Board receives your application, it issues a receipt and an application number. The Board also notifies the respondent, i.e., the entity you hold responsible for the accident, about the application.

The respondent gets 90 days to agree to the Injuries Board assessment. If the respondent consents to this, they need to pay the application fees before the Board assesses the claim. The assessment takes about 9 months for completion. The injuries assessment is done based on the guidelines mentioned in the Book of Quantum. The Board awards two types of damages to the claimant:

General damages aim to compensate you for the pain and suffering you have to endure because of the injuries

Special damages aim to compensate you for the financial losses incurred due to the injuries, like medical expenses, vehicle damage costs, and loss of earnings

The Injuries Board notifies the claimant and the respondent about the result of the assessment. The claimant is given 28 days to decide about the assessment. If you do not accept this, within this period, in writing, the Board deems it as rejection of the assessment. The time given to the respondent is 21 days. If the respondent fails to notify the Board about his/her decision within this period, it is deemed as acceptance of the assessment.

If the claimant and the respondent accept the results, the Board issues the Order to Pay, a legal document notifying the respondent to pay the claimant. If the assessment is not accepted by either of the parties, the Injuries Board issues the authorisation to the claimant to make a claim at the Court. It is better to appoint a solicitor specialising in these cases to handle the different steps involved in the personal injury claim.

by: Daniel Smith

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