PERSONAL INJURY CLAIMS
1. Commencement of PIAB (Personal Injuries Assessment Board) From the 21st of July 2004 all claims for compensation for personal injury must in the first instance, go before the PIAB (in circumstances where a settlement cannot be reached directly). This applies to all personal injury claims with the exception of medical negligence claims.

BEWARE:

The involvement of the PIAB is then confined to claims where Liability is not in dispute. HOWEVERif a Respondent allows the PIAB to assess your Personal Injury claim this DOES NOT mean that they accept LEGAL LIABILITY. Under this system Insurance Companies and Respondents can admit fault today but deny it subsequently.

This means it is open to Insurance Companies at anytime to argue that they have no responsibility to pay you compensation even though they agreed to have the PIAB quantify your compensation.

QUANTUM:

Whilst the PIAB claim that their work does not reduce the amount of compensation claimants receive, it is, in our opinion and experience, clear from the PIAB book of quantum that it will in many cases result in smaller awards. For example is the loss of both legs adequately compensated by a value range between €121,000.00 and €171,000.00? Is the loss of both arms adequately compensated by a range in value of €141,000.00 to €197,000.00? In our view the answer is clearly No.

It is therefore vitally important that claimants have access to the independent advice, expertise and Legal representation of Solicitors from the very beginning.

It would be a very foolish claimant who would not retain his Solicitor to protect his interest prior to and throughout the process of making an application to the PIAB.

2. Civil Liability and Courts Act 2004

If further evidence of the need for legal advices is required it comes in the form of this new legislation which makes considerable alterations to the environment in which personal injury claims are processed. For example, a Claimant must now issue a notice giving details of the accident to a respondent, within 2 months of the date of the cause of action or as soon as practical thereafter.

The effect and details of this legislation and change in Personal Injury Claims is far too detailed to be expanded upon in this note.