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PIAB

PIAB is now called the Injuries Board.
92% of PIAB applicants to the Injuries Board engage a solicitor to handle their claim.

In Ireland, almost 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 likely 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. It is important for a claimant to recognise the risk of allowing that time limit to run out before a claim is made. They will lose any right to a claim they otherwise might have had.

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.

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.

News, fit to print?

It is easy to become tired. Tired of bad, inadequate newspapers advising us how to choose and buy from a range of corkscrews, or baby buggies, or, inevitably, houses. Then we get quality information, if we search for it, HERE Timothy Snyder, the source of the information, is the author of “Bloodlands”, a history of the part of Europe that lies between Germany and Russia. Of the Ukraine he writes: “The country, Ukraine, was in effect an oligarchy, where much […]

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Words, words, words

The new Chinese year, just commenced, is the Year of The Horse. We lost a lot when the horse ceased to be a major source of power and transport. Prior to that, practically everybody personally knew the meaning of phrases like; “closing the stable door after the horse has bolted” or “live, horse, and you will have grass”. We even knew what a cock-horse was. This knowledge shielded us from official obfuscation. No bulletin, however mendacious in its departure from […]

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The Running of Time

Our legal system contains the idea that time runs. What is meant by this, is that an event triggering a cause of action is the beginning of a window of opportunity to litigate a claim. By implication, the window has an end point as well as a start point. A plaintiff cannot successfully commence litigation until the triggering event (the suffering of a loss, usually) and cannot successfully commence litigation after the expiration of the time allocated by the Statute […]

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Injury claims are a political issue

Ohio quote

This website is about the law. That’s why it is also about politics. They go together. The Irish political class has wrecked Ireland economically, but its faults do not finish there. Political careers need money and other supports. A politician can trade public policy for that money and/or support. In other words, a policy can be promoted by people in circumstances where they appear to be independent; they do not appear to have any personal interest in the outcome, but […]

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The Injuries Board pitfalls

clockfaces

The Personal Injuries Assessment Board was established and is operated on a flawed proposition; that it deals with matters of such simplicity that injured persons seeking an assessment have no need of legal advice or assistance in doing so. The proposition is flawed as a matter of commonsense. Before the introduction of the Injuries Board system (then known as the Personal Injuries Assessment Board or PIAB) almost every claimant for compensation for personal injury sought the assistance and advice of […]

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The Injuries Board gives no awards

An unsafe system of work

Here at McGarr Solicitors we do not make “awards” of damages for personal injury claims. We do not have that power. We do not claim to have that power.
However, neither does the Injuries Board have that power, even though they tell the unsophisticated members of the press that they do have that power.

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A Car Accident, Solicitors and the common good

Modern people, sportsmen/women excepted, are most at risk of serious injury when travelling on the road. The energy bundled in a motor car, or other vehicle, is considerable. If that energy is suddenly blocked, which is what happens in a typical car accident, it must go somewhere and, unfortunately, it sometimes goes into us. Then you are injured and the nature and extent of that injury is determined by chance. Make no mistake; as a society, we have planned these accidents. […]

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The Injuries Board steps up its War on “Thoughts”

The Injuries Board is also called the Personal Injuries Assessment Board. It was established by statute in 2003. Every person wishing to recover compensation for a personal injury inflicted by wrongdoers must first apply to the Injuries Board for an assessment of the value of the claim. The Board has issued an article today (26th March 2013) and Patricia Byron, Chief Executive, went on Morning Ireland for an interview. The upshot of the article and the interview is this; personal […]

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Injuries, Injuries…

One in three accidents at work occurs in connection with “manual handling”. Employers owe a legal duty of care to their employees. The duty of care includes taking reasonable steps to ensure the health and safety of employees and to avoid accidents at work. The precise terms of the duty of care may be found in the law of negligence or it may be found in a statute, as a precise legal rule. In the case of the obligation to […]

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British is Better

With very little bother or trouble, the Oireachtas could and should remedy a real and persistent injustice for many injured persons. In Hu -v- Duleek Formwork Ltd & Anor [2013 IEHC 50,  the High Court declined to make a declaration that the Plaintiff was entitled to the benefit of an insurance contract taken out by the insolvent Defendant company. The insurance company, Aviva, took issue with the Defendant’s failure to pay the excess of €1,000 which, as between the Defendant and […]

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