Personal Injuries Board (PIAB) Application
This page provides a complete guide for someone who has been injured and is considering making a claim for compensation at the Personal Injuries Assessment Board – PIAB.
What is the Personal Injuries Assessment Board (PIAB)?
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. The main role of PIAB is to provide an efficient and cost-effective service for assessing personal injury compensation claims without the need for court proceedings. PIAB can assess claims for personal injury caused by accidents, including but not limited to road traffic accidents, workplace accidents, slips, trips & falls, and serious injuries.
PIAB can also make a determination of the amount of 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 Personal Injuries Assessment Board (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 amount of compensation that should be awarded in a personal injury case, and can make a determination without the need for a court case.
What type of claim types are not assessed by the PIAB in Ireland?
In Ireland, there are certain types of personal injury claims that are not assessed by the Personal Injuries Assessment Board (PIAB).
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 and it’s always recommended to seek legal advice if you’re unsure whether your claim can be assessed by PIAB.
The fee to make an application
The fee for making an application 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 a statutory fee and is non-refundable, regardless of the outcome of the case. You may also incur costs for legal representation or for obtaining medical reports. It’s important to check with your solicitor about their fee structure and any other costs that may be involved in the process. Learn more
The claim process
In order to make a personal injury claim, it is necessary to prove that the injury was caused by the negligence of another person.
1. Contact our personal injury solicitor
Our Personal Injury Claim Solicitors are experts in advising 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 make an application 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 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 issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, 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 in respect of your claim. If the Assessment is accepted by both parties, 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 the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.
How is my personal injury claim calculated by the PIAB?
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 Personal Injuries Guidelines sets out the level of damages considered fair and just to award in respect of varying types of personal injury. The PIAB uses the Personal Injuries 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 take into account the nature and extent of the injury, the impact it has had on the person’s life, and any financial losses or expenses incurred as a result of the injury. The PIAB will also consider the age of the person, their occupation, and any pre-existing medical conditions. In order to determine the compensation, PIAB will review the medical report, 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.
In assessing a claim, PIAB may also allow Special Damages. Special Damages are out-of-pocket expenses incurred as a result of 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 the assessment. If either party reject the assessment, 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 date of the incident or from the date 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 make a claim for an injury that occurred when they were under 18 years old. However, a next friend (such as a parent or guardian) must make a 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 can vary depending on the specific circumstances of the case. To learn more about the statute of limitation for a personal injury claim, click here.
At Coleman Legal LLP, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. It’s at times like this that you need the support of an experienced firm that can assist you with the practical issues that now confront 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 important for you to know that your legal advisers will obtain all of the important 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 that you have a voice and access to the best advice and resources that may be needed in your particular case.
Our service is about you, 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 in our respectful and concerned approach to al of our clients.
How we can help?
From the moment of your first contact with CL to the completion of your case, our team listen, care and act with empathy, whatever the extent of your injury. Our teams have the understanding and expertise to ensure that your injury is professionally and properly dealt with to ensure the best outcome for you in the circumstances of your case. Our team will manage your case and keep you fully informed of progress on a regular basis. 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 on your behalf.
- Submit your claim to the Injuries Board and advise you on the outcome of same.
- Process your case and deal with all queries.
- Advise and support you throughout the whole process.
If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contacted us at:
Coleman Legal LLP
84 Talbot Street, Dublin 1
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