Injuries Board Ireland

The main objective of the personal Injuries Board Ireland is to assess the amount of compensation due in most types of personal injuries claims in Ireland.

This article is intended as a quick guide to the process of making personal injuries compensation claims in Ireland, including how the Injuries Board Ireland is part of that process.

The 5 most important things you NEED to know about the Injuries Board Ireland:

1. Nearly all personal injury compensation claims must go through the Injuries Board Ireland process (including motor accidents, workplace accidents, and accidents in public places). A major exception is cases involving medical negligence or hospital negligence.

2. You are not required to use a solicitor to help submit the legal paperwork for your personal injury claim. However, over 90% of claimants do use a solicitor (we explain why below).

3. The Injuries Board Ireland is not responsible for making sure you receive the correct or even adequate personal injury compensation (the stated objective is to reduce compensation payouts by reducing the use of expert medical and legal advice).

4. Just 22% of all claims submitted to the Injuries Board Ireland were settled for the amount of the Injuries Board Ireland compensation assessment. In other words, they only settled one in five cases. Most claims result in negotiated settlements between the insurance company.

5. All claims by minors (people under 18 years) must go through the Injuries Board Ireland process, but must be approved by a judge in court so you always need the services of a solicitor for child injury claims.

Why should you ALWAYS seek legal advice for any injury claim?

When it was initially set up, the Injuries Board Ireland wanted the resolution of personal injury claims to become a “solicitor free” zone. However, through legal challenge, it was determined by the Supreme Court of Ireland that this was an infringement of the public’s legal rights.

Now over 90% of claimants use a solicitor to advise them about their claim and prepare their legal paperwork for submission to the Injuries Board Ireland. This is a sensible approach, primarily because a specialist personal injury solicitor has the experience to assess the unique circumstances of your accident, including the impact it may have on you and your loved ones over the course of your lifetime. They will know, for example, if an expert medical opinion is needed, and how to obtain one for you. A normal member of the public with no legal training or experience cannot be expected to know when specialist medical reports are required. Basically, people use a solicitor to ensure their case is presented in the strongest manner possible.

A solicitor can tell you if an offer from an insurance company or the Injuries Board Ireland is sufficient and fair compensation. They will advise you whether to accept or reject an offer and how to then enter into the litigation process, where a court will very likely award a higher sum. Since very few cases actually end up in court, your solicitor will essentially negotiate the highest possible settlement with the insurance company based on past experience with compensation payouts.

You can get free independent legal advice from an experienced claims solicitor by calling the help line we have set up as part of this web site. The free phone number to call is 1-800 848 881, or if you prefer, you can request a solicitor call you back by submitting your details on the forms provided.

Remember an Injuries Board Ireland assessment is a “documents only procedure”. It does not involve any oral hearing so you never get the chance to talk your case through with anyone unless you talk to your own solicitor.

Any experienced personal injury solicitor will tell you that talking through an accident is often a healing process for an injured party, and it always helps to clarify the details, which can otherwise remain vague. Sometimes accident victims are reluctant to claim because they somehow feel partly responsible and don’t want to “cause more trouble”. A solicitor will help you to become very clear on who is responsible and what you are rightfully entitled to claim for.

Guidelines and Penalties when submitting claims to the Injuries Board Ireland

There are very strict guidelines about how claims are made to the personal Injuries Board of Ireland, and there are severe penalties for making false or exaggerated claims. However, as a member of the public with no legal knowledge how are you supposed to know what losses you are entitled to claim for?

The Injuries Board would like for all of us to become legal experts so that we don’t need solicitors, but this is obviously a completely unrealistic objective. They think that everyone is capable of reading their guidelines and instantly becoming an expert. But if you have been in an accident and have even a relatively minor injury, there is too much at stake to become a “do-it-yourself amateur lawyer”.

If you use an experienced personal injury solicitor, you can rest assured that they will submit a claim that accurately reflects what you are entitled to claim for without any risk of being penalised for claiming too much.

How has the Injuries Board helped the claims process in Ireland?

One of the objectives of the Injuries Board Ireland was to increase the speed with which injury claims are processed. Probably the most positive aspect of the Injuries Board system is that 34% of claims are now settled before the Injuries Board completes its assessment process. In the past, insurance companies in Ireland had a strong incentive to take a long as possible to settle a personal injury claim. But now, thanks to the personal Injuries Board, they are obliged to deal quickly with claimants.

Another positive factor is that the strict guidelines and severe penalties for making false claims encourages honesty and accuracy in personal injury claims, and strongly discourages exaggerated claims. It also makes it easier to track suspicious claims (such as repeated claimants). Your solicitor will help you build the strongest possible case while ensuring you still remain factually correct.

Are there any circumstances where you could consider not using a solicitor?

If you have a very simple claim, you could consider submitting it yourself without seeking advice. Here’s what we suggest you ask yourself:

1) Are you comfortable producing the legal paperwork involved?
2) Has the other side has admitted full liability?
3) Are your injuries so minor the claim amount is obviously going to be minimal?
4) Are you sure you will be happy to settle for whatever amount is offered?

If you can answer yes to all of these questions, then go ahead and deal directly with the Injuries Board Ireland. And remember that producing your own legal paperwork does not stop an insurance company making a settlement offer to you prior to the Injuries Board Ireland making their assessment.

The Injuries Board Ireland Process

The actual steps involved in the Injuries Board Ireland process depend on the circumstances of your injury, the response of the defendants, and the advice of your solicitor regarding settlement offers from either the insurance company or Injuries Board.

1) You discuss your case with a solicitor, who may hire experts to produce reports about the circumstances of your injury (like car crash assessment) or specialist medical reports (that may assess the longer term impact of your injuries).
2) A claim is submitted to the Injuries Board by your solicitor.
3) If the case is regarded as complicated or likely to involve contributory negligence, the Injuries Board releases the case, and litigation may begin (30% of claims submitted go directly to the regular litigation process).
4) The Injuries Board Ireland send a formal notice of your claim to the person or entity who you are claiming against.
5) The person you are claiming against or their representative (normally an insurance company) either consents or rejects an Injuries Board Ireland assessment.
6) If the claim is rejected, then a formal notice is provided to you by the Injuries Board Ireland that then allows you to take the process forward through the normal litigation procedures.
7) If they accept, then the Injuries Board arranges a medical examination and requests details of your out of pocket expenses before making an assessment.
8) Notice of the assessment is sent to you and the other party. You will need advice regarding whether the assessment is a fair offer (very many offers are rejected)
9) If both of sides accept the recommendation of the Injuries Board Ireland, then an order to pay is made, and the case is over after you receive payment.
10) If either you or the other party refuse to accept the Injuries Board Ireland assessment (only 22% of all claims submitted result in accepted assessments), then you are free to move the process forward through normal litigation.

Remember that during the entire process, an insurance company is likely to be negotiating a settlement with your solicitor.

We strongly recommend you get free independent legal advice from an experienced claims solicitor by calling the help line we have set up as part of this web site. The free phone number to call is 1-800 848 881, or if you prefer, you can request a solicitor calls you back by submitting your details on the forms provided.