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The Injuries Board

The Injuries Board
If you have suffered injury, loss, damage or expense as a result of the negligent act of omission of another party, then you may be entitled to compensation from that other party or his/her insurers.

As soon as practicable after an accident you should contact your Solicitor to arrange a consultation to discuss the strengths and weaknesses (if any) of your case. In many cases, it is very clear from the outset that an injured party will succeed in being fully compensated, for example, where the injury results from a motor accident when the client is a passenger, to give but one example.

It is important to note that many valid claims are never brought because an injured party feels the accident was his own fault, whereas the primary cause of the accident may well rest with some other party, and the injured party’s own carelessness may only have been a contributing factor. In such cases the courts may apportion Liability.

Under the Personal Injuries Assessment Board Act 2003, anyone intending to seek compensation for a personal injury (other than a personal injury arising out of medical negligence) must make an application to, formerly known as the Personal Injuries Assessment Board (PIAB). handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving public liability.

You should set up an appointment with your Solicitor as soon as possible after the accident. During this first interview your Solicitor will take the details of your accident and injuries and answer any questions you may have.

They will then weigh up your claim immediately and if you have a valid claim for personal injury compensation, they will inform you of your options.

If you decide to proceed with the said claim, the claims process will unfold as follows:

They will write to you confirming the instructions and issue an originating letter of claim to the third party and / or their insurers
They will collect evidence to support your personal injury case and will keep you informed at every stage of your claim
They will correspond with the insurers outlining the legal basis of your claim and the nature of your injuries
They will ensure that your claim is presented fully and comprehensively so that you receive the full level of compensation to which you are entitled.
In personal injury claims, it is usually required that you be medically examined by a doctor to discover the extent of your injuries. The doctor will then produce a report detailing what was found. This is then used in negotiations with the third party. It is therefore very important that you give an accurate and full description of you injuries.

From time to time your solicitor may arrange an up-to-date examination of you by their own doctors. The time-gap between each visit is to enable an assessment of what progress or deterioration in your medical condition is being made with the passage of time. Do not be impatient if a long delay appears to occur between visits – it’s for a good reason.

Sometimes you are asked by the third party for permission to have you examined by their doctor. Such an examination is usually held in consultation with your own doctor and it is very important that you give fullest details of your injury to the insurance company’s doctor because it is on the basis of what you tell him that the insurance company will evaluate your personal injury claim.

Most doctors acting on behalf of the insurers do not ask you to discuss the circumstances under which the accident occurred, and you should not discuss same with the Insurance Doctors. You should tell all details of all injuries, but do not answer questions about how the accident occurred, if asked, or whether there were witnesses, or anything like that. Only answer questions relating to your injuries.