Can I appeal against their assessment?
Eoin P. Campbell
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief

Question:

The assessment I received from the Injuries Board Ireland for my personal injury damages is very low. Can I appeal against their assessment?

Answer:

The Injuries Board Ireland will have calculated their assessment of your personal injury damages on the evidence you submitted with your application, your independent medical examination and any further information provided by you at the time. If you were expecting a higher assessment of personal injury damages, you should consider how you came by that expectation.

Possibly you had heard that somebody else who suffered the same type of injury as you received a certain amount, and you expected the same. Their personal circumstances may have been much different from yours, and this reflected in the amount of personal injury damages they were assessed for in comparison to you.

There is no appeal facility once you have received an assessment from the Injuries Board Ireland, but there is a course of action you can take.

The Injuries Board Ireland will only issue an “Order to Pay” for the amount of their assessment of personal injury damages if both the claimant and the respondent confirm in writing within 28 days that they accept the level of compensation being awarded.

If the Injuries Board Ireland fails to hear back from either party within the 28 day period, or receive a letter from one of the parties stating that they reject their assessment of personal injury damages, they will issue you with an authorisation to pursue your claim for compensation through the courts.

Had you used a solicitor when initially submitting your application for personal injury damages to the Injuries Board Ireland, the solicitor would have given you a realistic expectation of how much you should anticipate to be awarded and would have compiled the strongest possible claim while negotiating with the negligent party´s insurers for a quick settlement.

Your situation now requires that you speak with a solicitor as soon as possible to determine whether the Injuries Board Ireland assessment of your personal injury damages is fair, or whether you should pursue court action. Please do not wait a further 28 days for the authorisation to be issued before seeking professional legal advice.

Copyright © 2009-2015 Eoin Campbell