- PIAB is now called the Injuries Board
- 92% of applicants to the Injuries Board engage a solicitor to handle their claim.
- You are not obligated to accept any offer made by an insurance company without taking legal advice.
In Ireland, all claims for injuries (commonly called personal injury claims) must be assessed by the Injuries Board. An injured person has no choice about this; if you want compensation you must adopt the Injuries Board system. The Injuries Board will then make an assessment of what it thinks is proper compensation for your injury. 92% of applicants to the Injuries board are represented by a solicitor to guide them through the process.
Personal Injury Claims Timelines
You have two years to make a claim from the date you knew or ought to have known of your injury. Typically, between 9 and 12 months will pass while you then await an assessment from the Injuries Board. While this length of time can be stressful, the sooner you start into the system, the sooner you will get to the end of it.
What To Do After Your Accident
If you are injured you should record all the evidence you can relating to the accident.
Take photographs if possible. At the very least make an inspection of the place of the accident before it is “tidied up”, or get a friend to.
Try to get the details of any witnesses and motor vehicles, including the insurer of any such vehicle.
Go to your doctor or a hospital for treatment of your injury. This is both medically sound advice and provides you with a written history of your injury.
Consult a solicitor promptly. Do not wait for your injuries to “settle down”. The injury can settle down (if it does at all) while you are awaiting the assessment of the Injuries Board.
What You Can Claim for in an Accident or Injury
- Pain and suffering
- Loss of earnings
- Doctor’s costs
- Hospital fees
- Transportation costs
- Pharmaceutical bills
Awards and Costs
The average assessment made by the PIAB last year was €19,610. The Injuries Board may assess your injuries at more or less, depending on a number of factors including the nature and severity of your injury and your long term prognosis. This does not mean that you are obliged to accept the Injuries Board assessment. You may accept it or, if you think it is too little, you may reject it and choose to go to court instead. Your solicitor will advise you as to the value a court would assign to your injury.
The fee charged by McGarr Solicitors is €750 and VAT @ 23% (€922.50). This is payable by you and is only due when you receive the sum assessed by the Injuries Board or such later time as may be agreed between us. Unlike other firms, we do not usually ask for our fees upfront.
Some insurers may attempt to open direct discussions with you instead of going through the Injuries Board. These insurers represent their own best interests; they do not represent your best interest. Insurance claims handlers will manage hundreds of claims in a year. Typically, an injured person will have no experience in negotiating a settlement. This is an imbalance of experience which is tilted significantly against you.