Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Personal Injuries Board (PIAB) application
This page provides a complete guide for someone injured and considering a compensation claim at the Personal Injuries Assessment Board (PIAB).
Table of Contents
What is the Personal Injuries Assessment Board?
The Personal Injuries Assessment Board (PIAB) is an independent statutory body in Ireland that assesses and settles personal injury claims. It was established under the Personal Injuries Assessment Board Act 2003. PIAB’s primary role is to provide an efficient and cost-effective service for assessing personal injury compensation claims without needing court proceedings. PIAB can consider claims for personal injury caused by accidents, including but not limited to road traffic accidents, workplace accidents, slips, trips and falls, and serious injuries. PIAB can also decide on the compensation that should be awarded in a personal injury case. If both parties accept PIAB’s assessment, it is binding and enforceable in court.
What types of accidents does the PIAB assess in Ireland?
The Personal Injuries Assessment Board (PIAB) in Ireland assesses personal injury claims resulting from accidents, including but not limited to the following:
- Workplace injuries
- Road traffic accidents
- Serious injuries
- Accidents in public places
- Except for cases involving medical negligence
PIAB is responsible for assessing the compensation that should be awarded in a personal injury case and can decide without needing a court case.
What type of claim types are not assessed by the PIAB in Ireland?
In Ireland, the Personal Injuries Assessment Board (PIAB) does not assess certain types of personal injury claims.
The following are some examples.
- Claims that are already in the court system
- Claims for nervous shock or mental distress where there is no physical injury
- Claims for breach of statutory duty
- Claims for breach of contract, unless the contract relates to the provision of goods or services and the injury occurred as a result of a breach of contract
- Claims for loss of consortium (loss of companionship or services of a spouse)
- Claims for certain types of industrial injuries
- Claims for injuries arising from certain types of medical or dental treatment.
It’s important to note that this list is not exhaustive. If you need clarification on whether PIAB can assess your claim, it’s always recommended that you seek legal advice.
The fee to make an application
The fee for applying to the Personal Injuries Assessment Board (PIAB) in Ireland is €45 if the application is made online and €90 for claim forms submitted by post or email. This fee is statutory and non-refundable, regardless of the case outcome. You may also incur costs for legal representation or for obtaining medical reports. You must check with your solicitor about their fee structure and other expenses. Learn more
The claim process
To make a personal injury claim, one must prove that another person’s negligence caused the injury.
1. Contact our personal injury solicitor
Our Personal Injury Claim Solicitors advise clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.
2. The PIAB Application
The next step is to apply to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:
3. Submitting information and documents to PIAB
Your solicitor will be able to obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.
4. Consent to assess the claim
Once the application is made, PIAB formally notified the defendant(s) of the claim. The defendant(s) must indicate within 90 days whether or not they consent to the claim assessment. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case evaluated, the PIAB will issue an authorisation to allow the claimant to issue court proceedings.
5. Claim assessment time
If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim. This amount reflects general and special damages awarded concerning your claim. If both parties accept the Assessment, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant. If either party rejects the Assessment, PIAB will grant an Authorisation to bring court proceedings.
How does the PIAB calculate my personal injury claim?
In Ireland, the Personal Injuries Assessment Board (PIAB) uses the Personal Injuries Guidelines, adopted by the Judicial Council in 2021, to calculate the amount of compensation for a personal injury claim. The Guidelines set out the level of damages considered fair and to award in respect of varying types of personal injury. The PIAB uses the Guidelines as a reference when assessing the compensation for a personal injury claim.
The amount of compensation awarded for personal injury claims can vary depending on the severity of the injury, the impact on the person’s life, and the costs of treatment and rehabilitation. They will consider the nature and extent of the injury, its effects on the person’s life, and any financial losses or expenses incurred due to the injury. The PIAB will also consider the person’s age, occupation, and pre-existing medical conditions. To determine the compensation, PIAB will review the medical report and any other relevant evidence, and they will also take into account the effect the injury has had on the person’s ability to work and their general quality of life.
PIAB may also allow special damages when assessing a claim. Special Damages are out-of-pocket expenses incurred due to the injury sustained, such as the cost of medical treatment and loss of earnings. It’s important to note that the PIAB’s assessment is not binding, and both parties have the right to reject it. If either party rejects the evaluation, the PIAB will issue an Authorisation allowing the claimant to bring their case before the Courts.
Statute of Limitation
In Ireland, the time limit for making a personal injury claim for adults is 2 years from the incident date or when the person became aware of their injury. This time limit is known as the “Statute of Limitations.” For minors, the time limit is 2 years from the date of their 18th birthday. In other words, a minor has until their 20th birthday to claim an injury when they are under 18. However, a next friend (such as a parent or guardian) must claim on their behalf before they reach the age of 18.
It’s important to note that there are some exceptions to these time limits, and in certain very limited cases, the court may extend the time limit for making a claim. It’s always recommended to seek legal advice as soon as possible if you think you may have a claim for personal injury, as the time limits for making a claim can be complex and vary depending on the case’s specific circumstances. Click here to learn more about the statute of limitation for a personal injury claim.
Our team
At Coleman Legal LLP, we understand our client’s circumstances. We know that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. At times like this, you will need the support of an experienced firm that can help you with the practical issues that are now dealing with you as a result of the fault of another.
For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s crucial for you to know that your legal advisers will obtain all of the essential Reports that may be required to ensure that you get the best outcome in your case. We provide a national service and can meet you locally to ensure you have a voice and access to the best advice and resources needed in your particular case. Our service concerns you and the client, and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves on our respectful and concerned approach to all of our clients.
Contact US
From the moment you contact us, our team will listen, care and act with empathy, regardless of the extent of your injury. Our teams have the understanding and expertise to ensure that your injury is professionally and adequately dealt with to ensure the best outcome for you in the circumstances of your case. Our team will manage your case and regularly inform you about the progress. Our commitment and service to you will include;
- Working with you to fully understand what happened,
- Collect all medical notes and obtain all medical reports for you.
- Submit your claim to the Injuries Board, and advise you on the outcome.
- Process your case and deal with all queries.
- Advise and support you throughout the whole process.
Suppose you want to take legal action over a personal injury. In that case, you should consult our injury solicitors, who are members of the Law Society’s injury and clinical negligence accreditation schemes. Contacted us at:
Coleman Legal LLP
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
Contact Details
Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply
Request a Callback
Clodagh Magennis
Head of Client Services
P: 1800-844-104
E: [email protected]
”At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing client’s needs in a professional, engaging, and friendly manner with a clear objective to give quality legal advice and reach a positive outcome.”