subject: Objective And Procedure Of The Injuries Board Assessment [print this page] The first step in a personal injury claim involves filing an application for compensation to the Injuries Board Ireland. Whether you are a victim of workplace slips trips and falls or vehicle crashes, the first thing to do is apply to this independent statutory body. Only when an injury involves medical negligence, does the claim go to Court directly.
While the Injuries Board does assess damages and award compensation, it does not pay the compensation. Instead, it directs the entity at fault for the accident and the subsequent injuries to pay the compensation to the injured party. How does the Injuries Board function? Here is a look at the details in this regard.
Objective: The aim of the Injuries Board is to complete the assessment of the injuries and determine the compensation award within a short time frame and reduce the costs associated with litigation. The Injuries Board saves the Court costs and time and awards injury compensation in the same way the Court System does.
Assessment: The application submitted by the injured party is examined by the Injuries Board. If the claim has any merit, the Board notifies the party at fault about the claim. The assessment process is a document-based one. This implies that the assessment is done on the basis of the documents submitted by the involved parties.
Professional assessors working for the Injuries Board Ireland examine the applicants medical assessment form and the independent medical assessment results to determine the compensation to be awarded to the injured party. The amount of compensation depends on the type and severity of the injury.
The Book of Quantum is the set of guidelines used for assessment of the claim. There are no hearings or presentation of any kind involved in the personal injury assessment. After the completion of the assessment, the Injuries Board notifies the applicant, i.e., the injured party, and the respondent, i.e., the party at fault, about the compensation award.
Two types of damages are awarded to the claimant for the injuries.
General Damages include compensation for the pain and suffering you have to go through because of the accident
Special Damages include the expenses you have to bear with due to the accident and related injuries
You may be able to check the approximate value of the damages awarded for injuries sustained to different parts of the body from online resources. You may also consult your solicitor to understand the amount of compensation that would be adequate to cover the damages you suffer.
Authorisation: The Injuries Board does not hear claims that involve disputes regarding legal issues. This implies that if there is a dispute regarding liability in an injury claim, the Board does not take up the task of assessment. In such a circumstance, the Board issues an authorisation letter to the applicant and they can make a claim to the Court.
An authorisation letter is also issued in case the applicant or respondent rejects the assessment of the Board. This gives the applicant the right to file a claim and approach the matter through the Court System.
