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Legal Briefing
Cyclists and the Law
 

 

Personal Injuries

 

Jun 9, 2016

 


Personal Injuries

A Personal Injury Claim enables you to recover compensation for loss, injury or the avoidable deterioration of an existing condition when the cause rests with the negligence of a third party who owed you a duty of care, for example following a road traffic accident, workplace accident or public liability accident.

 

You should be aware that no two personal injury claims are the same. Each claim is assessed on its individual merits according to various factors that can impact upon a person’s quality of life.

 

Therefore the information below is a guideline only for making personal injury claims and for more specific information that is relevant to your particular circumstances, you should contact this office.

 

All personal injury claims, with some exceptions such as medical negligence, must first go the Injuries Board (formerly known as The Personal Injuries Assessment (PIAB)). This is an independent statutory body which provides an assessment of personal injury claims for compensation.

 

Initially your claim is submitted to the Injuries Board together with the following documentation:

• A completed Application Form (Form A);

• A medical assessment form (Form B) completed by your treating Doctor;

• Receipts and bills for any financial loss that you have incurred as a result of your accident and any other documentation that you may deem relevant to your claim;

• Payment of €45

 

When the Injuries Board has received your application, it will issue a receipt for the fee and an application number.  It will then contact the person you hold responsible for your injury (the Respondent) and request a consent for your assessment.  If the Respondent gives their consent, the assessment will go ahead.  If they do not, an Authorisation will issue allowing you to continue your claim through the Courts.

 

If the assessment is carried out, the Injuries Board may arrange an independent medical examination on your behalf.  The next step is for the Injuries Board to assess the amount of compensation regarding your particular injury and your circumstances.  There are guidelines provided in the Book of Quantum.  If both you and the Respondent accept the assessment, the Respondent will provide a settlement cheque.  However, should either you or the Respondent reject the assessment, an Authorisation will issue permitting your claim to be dealt with in the Courts.

 

The time limit for claims is 2 years from the date of the accident under the Civil Liabilities and Courts Act 2004.  Therefore it is extremely important that you notify in writing the person you hold responsible for your injury and the nature of the wrong they have committed as soon as possible.

 
 
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