How to make an Injuries Board Claim
Anyone intending to seek compensation for a personal injury arising from an accident must first make an application to the Injuries Board.
The ‘Injuries Board’ handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving public liability. Medical negligence claims are not handled by the Injuries Board and must be processed through the courts.
This 6 step guide to making an Injuries Board claim is brought to you by oshealegal.ie and is intended to assist those claimants who have suffered an injury and who may not wish to engage a solicitor and those who may wish to obtain legal advice in relation to the processing of aspects of their claim.
At a Glance .... How does the InjuriesBoard work?
- First - a Claim is submitted in writing to the Injuries Board. In most cases it is critical that this be done within two years of your accident or injury.
- Second-The Injuries Board then sends a Formal Notice of the Claim to the Respondent (A Respondent is the term they use to describe the Person at fault and against whom a claim is made). It is vital that you identify the correct Respondent. If, at the outset, the Respondent fails to consent to the Injuries Board dealing with the claim, then the Injuries Board will not deal with the claim and will immediately issue permission in writing for the Claim to commence in Court. If this happens it is essential that you consult a Solicitor without delay as there is a risk that your claim may become statute barred if you delay.
- Thirdly- If on the other hand the Respondent consents in writing to the Injuries Board dealing with the claim then the Injuries Board arranges an Independent Medical Examination and requests details of your out of pocket expenses. You must ensure that your claim is fully prepared at this stage.
- Fourthly:-The Assessment is made by the Board usually about 9 months after the claim is lodged, and you and the Respondent are notified of the outcome. It is critical that you obtain at this stage an opinion from an expert on whether the award of the Injuries Board is adequate to fully compensate you.
- If satisfied with the result, both parties confirm agreement on the assessment within a limited time period and the Injuries Board then issues an Order to Pay.
- Finally-If either party is unhappy with the result then the Injuries Board will issue written permission for you to take your claim to Court.
- The Injuries Board do not award you your legal costs and for this reason, if you choose to employ a solicitor, his or her costs will be paid by you out of your Injuries Board award compensation.
- A more detailed explanation of legal costs is also available on our website.
I have over 25 years experience in handling claims of all kinds so please contact me for advice on any aspect of filing your claim.
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