Martin & Gately Solicitors advise clients on all types of personal injury claims including road traffic accidents, public liability and workplace accidents.
Be it through negotiation and settlement, Injury Board Assessment or trial, Martin & Gately Solicitors aim to ensure that our clients are satisfied.
The majority of Personal Injury Claims arise from Road Traffic, Public Liability and/or Workplace Accidents.
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The Injuries Board
The Injuries Board is an independent statutory body set up under the Personal Injuries Assessment Board Act 2003. Its function is to assess the level of compensation due to a person who has suffered a personal injury where liability has been admitted by the other side.
All personal injury claims in Ireland (save for medical negligence cases) have to be submitted to it. There is a specific procedure by which submissions are made. Firstly an Application Form is filled in and forwarded to the Board together with a medical report and their administration fee of €45. If you have any losses or expenses that arose from the accident, you will also be required to fill in a schedule of special damages.
The Injuries Board will then decide whether to proceed to assess the claim or reject the claims assessment. If they assess the claim they will base the assessment on the information in your Application Form, the medical report from your medical practitioner and possibly their own medical report.
It is vitally important that all information you submit is correct because this information can be referred to at a later date if the matter is not assessed and proceeds to a Court hearing.
The Injuries Board has a period of nine months, which can be extended to fifteen months, within which to make their assessment.
If the other side disputes liability for the accident and/or injury, an Autorisation may issue from the Injuries Board which will allow you to make a claim for compensation through the Courts.
Both sides have the right to accept or reject any assessment made. In making an informed decision to accept or reject the injuries board assessment, legal advice is recommended to ascertain whether the amount of the award is appropriate or not. If either party rejects the assessment made, an Authorisation will issue to allow you to pursue the claim through the Courts.
It is important to know that there is a strict two year time limit within which the person who has been injured can pursue a claim though the Court system. There are very few exceptions to this time limit.
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