Injuries Board Claims Made Simple (Compensation Claims Book 1)
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There is an estimator on the website of injuriesboard. General pain and suffering can include physical injury and pain, fear, anxiety, depression, embarrassment, lack of enjoyment in life, psychiatric illness and symptoms. The Courts are obliged to have regard to the guidelines set down in the Book of Quantum referred to above.
What role does the Injuries Board play in Ireland?
However, Judges will attribute different weighting to it in making their decision. Special Damages are any expenses that you have incurred as a result of an accident which can be vouched such as loss of earnings, doctors fees, hospital bills etc. Future loss of earnings will also be factored in and they will need to be calculated by reference to an actuarial report. Special damages claims are usually made on the basis of out of pocket expenses incurred to date and future loss which will be an estimate of expenses of the injured party into the future. An injured party is entitled to recover the net loss of income as a result of the injury.
Any social welfare payments received during the period out of work must be deducted from the claim. The act also provides that any charitable donations made to the injured party as a result of his injuries will not be deducted in assessing his loss.
Future loss of earnings will be calculated by an actuary and capitalised as at the date of judgment. The Plaintiff must prove this future loss of earnings as a result of the injuries suffered. The Plaintiff is entitled to recover all medical expenses reasonably incurred as a result of the accident. This will include. Compensation awards are treated as capital receipts from a taxation perspective and are exempt from taxation.
However, the taxation of income earned from an investment of a compensation sum received will depend on whether the injured person is permanently and totally incapacitated or not. The Personal Injuries Assessment board now the Injuries Board was set up to assess claims and in an attempt to reduce the costs of accident claims which had spiraled out of control. They are the first port of call if you have an accident claim and if you reject the assessment of your personal injuries then you will be issued with a letter of authorization from them which will allow you to pursue your claim through the courts.
However getting a solicitor to pursue your claim on your behalf, advise you throughout, advise on the assessment by the Injuries Board, and ultimately bring personal injuries proceedings in Court where necessary is strongly advisable. Personal injury lawyers would be very familiar with the litigation of personal injury proceedings through the courts and the need to obtain updated medical reports, loss of earnings reports, actuarial reports etc.
One important thing to understand at the outset is the Injuries Board does not attribute liability to any of the parties. It simply puts a monetary value on the personal injury suffered. Liability for any accident or personal injury is closely connected to negligence. Discover what negligence is here. The Injuries Board operates a paper based system and makes awards in respect of personal injury claims based on medical reports and the Book of Quantum which gives guidelines about damages for personal injuries.
The type of claim that the Personal lnjuries Assessment Board deals with are set out in section 3 of the Personal Injuries Assessment Board Act, :. It is important to note that where liability is denied or contested by the person against whom you are making a claim the Injuries Board will issue an authorization allowing you to initiate Court proceedings and their involvement is at an end.
Under the Personal Injuries Assessment Board Act , anyone intending to seek compensation for a personal injury other than a personal injury arising out of medical negligence must make an application to InjuriesBoard. As soon as possible following an accident you should contact the Respondent and notify them of your intention to make a claim.
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It is advisable to notify the Respondent, in writing, within two months of the accident. To make a personal injuries claim you then need to submit an application to InjuriesBoard. Generally within 2 years of the accident but there are exceptions eg if you were under 18 when you were injured.
Personal Injury Claims
When the Application is complete i. The Respondent will be provided with a copy of your Application Form and also a copy of your Medical Report.
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The Respondent has 90 days to confirm whether or not they consent to the assessment of your claim. If injuriesboard. If the Respondent does not consent to the assessment of your claim injuriesboard. Normally an assessment comprises of General Damages and Special Damages the latter are vouched expenses such as doctors bills, hospital fees, loss of earnings etc. Generally InjuriesBoard.
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The Respondent has 90 days from the date that injuriesboard. If you have not received an appointment within four weeks of this date you should contact InjuriesBoard.
An Independent Medical Examination is arranged to ensure that the Assessment of your claim is based on the most accurate and up to date information available and that this Assessment reflects the true value of your claim. If full up to date information in relation to your injuries is not available together with all of your out of pocket expenses your assessment will not reflect the full value of your claim.
The Injuries Board have published a new book of quantum in October, It covers some new injuries which were not covered before, for example food poisoning, loss of an eye, concussion. If the Respondent also accepts the Assessment injuriesboard. Often, a joint settlement meeting is arranged, which allows both you and your solicitor and the defendant and their solicitor, to get together to discuss the claim in an attempt to settle before your case reaches the court hearing stage.
Personal Injury Claims
Other reasons for a case going to court include:. A court hearing will put a value on your claim and will make a final decision about how much compensation you will receive. However, any type of injury or accident can involve complex issues, including:. Once court proceedings have been issued by your solicitor, a court will provide deadlines for when it needs to have received certain information and documentation about your claim. This will include things like witness statements, medical expenses and medical reports. A trial date will then be set, which is the date that your case will be heard at court.
If you or the defendant have any witnesses, they will also be questioned by both parties. Once a judge has heard both sides and taken into account any previous settlement offers, they will make a definitive decision about who was at fault and what compensation amount should be awarded, based on the injuries that you have sustained and the financial and personal losses that are associated with those injuries.
Your compensation should then take weeks to be processed into your bank account. For cases involving injury claims worth more than this, cases will usually be heard sooner. To speak to one of our expert personal injury solicitors, call us at any time of the day or night on: Depending on the number of people you have making a will or lasting power of attorney at the same time, you may be entitled to a multi-will or lasting power of attorney discount.
To check whether you are eligible for a discount email Head of Department Andrew Hitchon at ajhitchon braybray.