What You Need To Know About Personal Injury Claims In Dublin
If you need to make a personal injury claim in Ireland, you need to know the process you should follow. Not following the right process can result in your claim being void and you will lose your ability to get the compensation you deserve. To better understand the process, you need to know how to file a claim and how long this can take.
The Personal Injuries Assessment Board
In Ireland, all personal injury claims have to be submitted to the Personal Injuries Assessment Board or PIAB. There are two exceptions to the submission of claims to the PIAB. The first is when the claim involves medical negligence and the second is when the person responsible for the injury does not want the PIAB involved. With the latter, you can take your claim directly to court.
To file a claim with the PIAB, you will need to submit an application online or by post. There are two forms that need to be included in the application. Form A is the one you submit to the PIAB and Form B is completed by your doctor. Form B can also be submitted online or by post. If you have any financial losses resulting from the injury, you need to provide receipts with the application.
Once you have submitted the application, you need to pay an application fee. The cost for applications submitted online will be lower than those submitted by post or email. It is recommended that you check the PIAB website to see the current fee rate.
The Time Limit For Claim
If you want to make a personal injury claim, you need to do this within 2 years from the date of the accident. This time limit is regulated un the Civil Liabilities and Courts Act 2004. You should also notify the person responsible for the accident within 2 months of the accident.
The notification to the responsible party should be completed in writing and by registered post for tracking purposes. This will provide the responsible party time to investigate your claim. This notification time frame may not affect your PIAB application. However, if your case goes to court, it could hurt your case and you might not get the compensation you need.
The Claim Process
When you submit an application to the PIAB, they will provide you with an application number. They will also inform the responsible party about the claim. The responsible party will have 90 days to agree to let PIAB assess the claim. If they do not agree, you will be provided with an Authorisation which is a legal document allowing you to take your claim to court.
If they agree, the PIAB will conduct its assessment. Once the assessment has been carried out, you will have 28 days to either accept or reject the assess reward. If you accept, you have to acknowledge this in writing. If you do not reply within this timeframe, the PIAB takes this as a rejection of the assessment.
The responsible party will also have 28 days to accept or reject the claim. If they accept, an Order to Pay will be issued. If they do not reply within the time limit, it is taken as acceptance and the Order to Pay will be issued. If the offer is rejected by you or the responsible party, an Authorisation will be issued.
If you need to make a personal injury claim in Ireland, you need to apply to the PIAB. This is something you can do on your own or you can hire a personal injury claims solicitor in Dublin to help you. The only cases that are not handled by the PIAB are those involving medical negligence.