Steps In Making A Claim For Personal Injury Compensation
After you get the necessary medical care for the injuries sustained in an accident
, you need to consider whether the incident occurred due to the fault of
someone else. If this is the case, you have the right to claim compensation for the injuries you sustained in the accident. Consult a solicitor to understand
the right approach to the matter.
Before you get an appointment with a solicitor, here are the steps involved in the
personal injury
claims procedure.
Step 1: Notify the Respondent about your intention to claim. While the Civil Liabilities and Courts Act 2004 gives you two years to file a personal
injury claim, it is better not to wait for more than a month to notify the Respondent, i.e., the entity you hold to be at fault for the accident, about your
intention to claim compensation.
If the Respondent admits fault and requests an early settlement, make sure you have a clear idea about the impact of the injuries and the appropriate
compensation.
Step 2: Apply to the Injuries Board of Ireland. You may do this by post or online. The Injuries Board is an independent statutory body that
assesses the injuries and determines the compensation amount in different types of accident cases. If the Respondent agrees to this assessment, the Board
takes about 9 months to complete processing of the claim.
The Respondent has 90 days to respond to the notification that the Injuries Board sends to them following the submission of application by the Claimant,
i.e., the victim.
Step 3: Attend the Independent Medical Assessment. You have to submit the filled out Application Form, the Medical Assessment Form (filled by the
physician treating you) and the necessary fees to the Injuries Board. You may also have to submit documentation related to the expenses you had to bear
because of the accident.
The Board issues a receipt and an application number after getting these documents. It also arranges an Independent Medical Assessment after the
Respondent agrees to this.
Step 4: Determine whether the compensation amount is appropriate for your injuries. The Injuries Board assesses the damages based on the report of
your physician as well as the Independent Medical Assessment report. General and special damages are awarded to the victim depending on these reports and
other documents.
If you, and your solicitor, consider the compensation to be appropriate, write to the Board accepting the assessment within 28 days.
Step 5: If necessary, get the solicitor to file the claim at the Court. While the Claimant has 28 days to accept the Injuries Board assessment, the
Respondent has 21 days for this. Failing to accept this assessment, in writing, implies rejection in case of the Claimant and implies acceptance in case of
the Respondent.
If there is any dispute regarding the liability for the accident, or any or both the party rejects the assessment, the Board issues an Authorisation, a
legal document.
Getting the Authorisation is important for taking
personal injury claims Irelandto Court. Your
solicitor would be able to help determine whether the assessment of the Board covers every aspect of your injuries. He/she would also be able to represent
you if the matter reaches the Court.
by: Daniel Smith
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