The Personal Injuries Assessment Board
The Personal Injuries Assessment Board will only assess a claim if the other party admits responsibility. The respondent must consent before any claim submitted to the board can be assessed. If they refuse to consent to assessment, The Personal Injuries Assessment Board will issue an ‘authorisation’ which enables the applicant to take their claim to Court.
If the other party consents to assessment and having assessed your claim, The Personal Injuries Assessment Board will make an assessment as to compensation. Any party named in the application to the board can choose not to have the matter determined by the board, however, where the matter does proceed to assessment, the Personal Injuries Assessment Board, having assessed the matter and taking into consideration all medical evidence can make an offer of which that board thinks appropriate. This offer of compensation can be refused by the Applicant or the Respondent, in such event; the Personal Injuries Assessment Board will issue an ‘authorisation’ which enables the applicant to proceed to take their claim to Court.
It is important to understand that a time limit exists in Ireland to initiate a claim for compensation. It is very important that you take the necessary steps as soon as you become aware that you have suffered as a result of an accident or mistake.
Types of Accidents
Road traffic accidents are unfortunately one of the most common causes of personal injury claims. Injuries range from minor to catastrophic and sometimes fatal.
Public Place Accidents Trips, slips and falls occur mainly on public footpaths and wet floors. An accident like this can lead to serious injury, ongoing discomfort and in serious cases it could lead to disability. If you have been unfortunate enough to suffer an injury from an accident in a public place such as a park or public building, you may be able to bring a compensation claim for damages once liability can be proven.
Accidents in a public place include all privately and publically owned places such as restaurants, pubs, shopping centres, parks, nightclubs, train stations, airports, gym, footpaths and so on, Basically any place where the public is expected to visit. If your accident was the result of a slip, trip or fall in the public area which is owned by a local council you can bring a claim against this local authority. It is the duty of the local council or building owner to provide a safe environment for the users of the public place, This is known as Public Liability.
· Dangerous or cracked footpaths
· Potholes & Tree roots
· Defective rails or supports
· Slippery surfaces
· Pubs and Clubs
· Supermarkets & shopping centres
· Train & bus stations
· Public roads
· Universities / Schools
Work Accident Compensation Claims if your injury occurred in an office environment, on a building site, restaurant, shop, warehouse, factory or driving for an employer.
Your employer’s duty of care It is an employers duty to protect staff and inform them about health and safety procedures. Employers must carry out regular risk assessments in the work place inside and out. They must ensure the health and safety of employees and visitors. This includes providing first aid equipment and facilities. Employees must also take reasonable care over their own health and safety
Medical Negligence Claims Suffering as a result of medical malpractice can be a devastating experience and can have often long term effects on a persons quality of life. If you, or a family member have suffered an injury as a result of negligent medical treatment and you are concerned that the service provided was insufficient, and as a result errors were made, you may be entitled to claim for compensation. In the case of minors, (children under 18) the parent will purse the case on behalf of the child.· The Personal Injuries Assessment Board cannot deal with claims dealing with Medical Negligence.
· Incorrect surgical procedure claims
· Cosmetic surgery claims
· Elderly care claims
· Fatal Injury claims
· Birth injuries and cerebral palsy claims
· IVF and fertility treatment claims
· Inferior medical care abroad
· Misdiagnoses from a GP/ Consultant
· Spinal Injuries claims
· Obstetrics & Gynecology claims
· Orthopedic claims
· Accident and emergency claims
What is My Claim Worth*
Compensation amounts can be extremely difficult to value at the outset of any case. Medical reports are obtained from your medical experts, i.e. GP, Hospital or Consultant.
The value of your case in terms of General Damages will depend on the nature and severity of the injury or injuries, the pain, suffering and inconvenience resulting therefrom, the length of time for recovery and the prognosis for the future. In addition to General Damages you are entitled to claim compensation for all financial losses these are know as Special Damages;
Common Special Damages;
Depending on the nature and extent of injuries your claim will be brought in either the District Court, Circuit Court or High Court;
- The District Court may award a maximum of
- The Circuit Court which has a maximum
jurisdiction of €60,000;
- The High Court which has unlimited jurisdiction.
*“In Contentious Business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award settlement”
How Long have I to Claim
There is currently a two years period in respect of Personal injuries claims from the date of the incident within which legal proceedings must be issued.
What to do if you are involved in an Accident
Accidents in public places can happen anywhere: on footpaths, in leisure playgrounds, in shops or restaurants and the result can be public liability claims for trips, slip and fall claims on public property.
The majority of accidents in public places in Ireland are the result of:
Accidents at work
Accidents in work can happen as a result of many causes.