Personal Injury Claims & Injuries Board Assessment

Anthony Fay & Company have extensive experience in dealing with all aspects of personal injury claims including Injuries Board applications and issuing court proceedings. The firm instructs Barristers who specialise in this area so that all clients will have the benefit of expert advice from both Solicitor and Counsel.

Our office will give you a realistic assessment of your claim and the various options available to you. Anthony Fay has been a strong advocate for injured parties and has also proposed reforms in this area of law including the attached article published in the Irish Law Times. We are fully committed to protecting our client’s best interests with the objective of ensuring the best possible outcome for the claimant.

Most personal injury claims must initially be lodged with PIRB. There are some exceptions including medical negligence claims. The PIRB/ Injuries Board is a statutory body which provides an assessment of personal injury compensation for victims of workplace accidents, road traffic and public places accidents. If you have suffered an injury or loss due to the fault/negligence of another party(ies), you should contact our office for advice about claiming for damages.

“Time is the only thief we can’t get justice against.”

Strict Time Limits apply to making an injury claim. The statute of limitations is generally two years from the date of the accident in Ireland. Notwithstanding that, you or your solicitor should strictly speaking notify in writing the party(ies) you hold responsible for your injury within one month of the accident. It was previously 2 months but was reduced to 1 month on the 28th January 2019

The Judicial Council Guidelines on Personal Injuries to assess General Damages for pain and suffering came into force on the 24th April 2021. It replaces the Book of Quantum sometimes described as a “blunt instrument” which for example had not factored in psychological injuries, scarring or kept up-to-date with recent court awards. These guidelines (as approved in a recent Supreme Court case) must be generally used by PIRB and the Courts in awarding compensation, if a person successfully pursues a claim. If PIRB or the Courts do not follow the new regime in any case, they must give reasons.

You could be also entitled to seek compensation for loss of income, hospital and medical expenses, travel costs and out of pocket expenses known as Special Damages. We will advise you about various items which you can claim compensation for. It is also important that you keep receipts as evidence of your expenses.

PIRB can deal only with matters where there is no dispute of liability, as they do not hear cases. In the event that the defendant(s) agree, an assessment of damages can be carried out by PIRB without the necessity of proceeding to Court. If either party is unhappy with the award, PIRB will issue an authorisation allowing the claimant to bring the case to court.

Examples of claims:

• Road traffic accidents where you have been injured as a driver, passenger, pedestrian or cyclist.
• Injuries on public and private property including road and pavement defects.
• Work related accidents
• Industrial diseases including asbestosis, repetitive strain injuries and deafness.
• Product liability. This can include a consumer who has suffered loss as a result of a defective product for instance faulty electrical goods, food poisoning & contaminated medication.

RECENT DEVELOPMENTS:

• Since October 2018 legislation has commenced allowing the courts to make awards of damages in cases of catastrophic injury by way of periodic payment orders.
• “Claims Harvesting” is the practice of gathering of personal information on potential litigants and selling it to third-party legal firms. They are often run by non-solicitors, since 2014 over 15 claims harvesting websites have been taken down as a result of Law Society investigations & on occasion further to a Court Order. Members of the public should be aware that you would have little or no consumer protection if you engage the services of a claims harvesting website.
• The Personal Injuries Assessment Board (Amendment) Act 2019 came into force on the 3rd April 2019. Some important changes include:
• A new provision that provides that the Court may penalise claimants and respondents as to costs where they have not complied with a request made by the PIRB assessors for additional information or documents
• It is now essential to lodge a medical report with the application form in order to stop the clock for the Statute of Limitations (PIAB Act 2022) .

Other Litigation Areas

• Accidents Involving Children
• Applications for ASR Hip Alternative Dispute Resolution (ADR)
• Criminal Injuries Compensation Tribunal. There is no time limit for making a claim in cases where the victim has died as a result of the injury inflicted, in all other cases the time limit for making a claim is generally three months (which can be extended in the event of a reasonable explanation for the delay).
• The Defamation Act 2009 and the protection of ones reputation.
• Legal representation before a Coroner’s Court

Contact Our Office at 01-836 9805 for more information if you have an enquiry in relation to this area. You can speak to a solicitor, or simply enquire online and we will telephone you within 24 hours.

*”In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.

Disclaimer: – The information provided on this website is for educational purposes only and is not intended to be legal advice. Please note that legal advice should be sought in relation to individual circumstances.