The Injuries Resolution Board: Navigating Personal Injury Claims

We understand that suffering a personal injury can be a distressing experience. In Ireland, the primary mechanism for resolving most personal injury claims is through The Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB). This independent statutory body provides an alternative to litigation, aiming for a faster and more cost-effective resolution process.  

What is The Injuries Resolution Board?

The Injuries Resolution Board (IRB) is an independent statutory body established under the Personal Injuries Assessment Board Act 2003 (as amended). Its core function is to assess personal injury claims (excluding medical negligence and some other specific claim types) and make an award of compensation without the need for court proceedings. The IRB’s process is designed to be efficient and accessible, providing a streamlined approach to resolving claims for both claimants and respondents (the party against whom the claim is made). The Board aims to promote early resolution and reduce legal costs associated with personal injury claims.  

How Do I Make a Claim Through The Injuries Resolution Board?

Making a claim through the Injuries Resolution Board involves several key steps:

1. Consult a Solicitor: While it is possible to make a claim directly, it is highly recommended to consult with a solicitor. A solicitor can advise you on the merits of your claim, gather necessary evidence, and ensure all procedural requirements are met. Sherwin O’Riordan Solicitors can guide you through every stage of this process.

2. Application Form (Form A): The first formal step is to complete and submit an Application Form (Form A) to the IRB. This form requires details about the accident, your injuries, and the parties involved. It must be accompanied by a medical report from your doctor detailing your injuries and prognosis.

3. Acknowledgement and Notification: Upon receipt of your application, the IRB will acknowledge it and notify the respondent(s) of your claim. The respondent(s) then have a period to indicate whether they consent to the assessment of the claim by the IRB.

4. Consent to Assess: If the respondent(s) consent to the assessment, the IRB will proceed to gather further information, including medical reports and any other relevant documentation from both sides. If the respondent(s) do not consent, or if the IRB determines the case is unsuitable for assessment, an “Authorisation” will be issued, allowing you to pursue your claim through the courts.

5. Assessment: If the claim proceeds to assessment, the IRB will review all submitted documentation and make an independent assessment of the compensation payable. This assessment is based on established guidelines and precedents for personal injury awards in Ireland.

6. Acceptance or Rejection of Assessment: Once an assessment is made, the respondent(s) have a period of  21 days and the claimant 28 days to accept or reject the award. If both parties accept, the award becomes legally binding, and the respondent is obliged to pay the compensation. If either party rejects the assessment, the IRB will issue an “Authorisation,” allowing the claimant to pursue the claim through court proceedings.

Time Limits

Strict time limits apply to personal injury claims, and it is crucial to be aware of these. Generally, a personal injury claim must be brought within two years from the date of the accident or the date of knowledge of the injury, whichever is later. This two-year period is known as the “statute of limitations.” However, there are specific nuances and exceptions:

• Minors: For individuals under 18 years of age, the two-year time limit generally begins to run from their 18th birthday.
• Persons with a Disability: Special rules may apply to individuals with certain disabilities.
• Date of Knowledge: The “date of knowledge” refers to the date on which you first became aware, or ought reasonably to have become aware, of the injury and that it was attributable to the fault of another party.

It is imperative to seek legal advice promptly after an accident to ensure that your claim is initiated within the statutory time limits. Failure to do so can result in your claim being statute-barred, meaning you lose your right to pursue compensation.  

What Types of Accidents Do They Deal With?

The Injuries Resolution Board deals with a wide range of personal injury claims, including but not limited to:

• Road Traffic Accidents: This includes collisions involving cars, motorcycles, bicycles, and pedestrians.
• Workplace Accidents: Injuries sustained in the course of employment due to employer negligence or unsafe working conditions.
• Slips, Trips, and Falls: Accidents occurring in public places, private premises, or commercial establishments due to hazards such as wet floors, uneven surfaces, or poor lighting.
• Occupier’s Liability Claims: Injuries sustained on someone else’s property due to the owner’s negligence.
• Product Liability Claims: Injuries caused by defective products.

It is important to note that the IRB does not deal with claims for:

• Medical Negligence: These claims are complex and must be pursued directly through the courts.
• Claims for damage to property only.

What is Taken into Consideration with Their Assessment?

When making an assessment, the Injuries Resolution Board considers various factors to determine a fair and reasonable amount of compensation. Key considerations include:

• Nature and Extent of Injuries: The severity, duration, and long-term impact of your physical and psychological injuries. This is primarily based on medical reports from your treating doctors and specialists.
• Pain and Suffering: Compensation for the physical pain, emotional distress, and loss of enjoyment of life caused by the injuries.
• Loss of Earnings: Any past or future loss of income resulting from your inability to work due to the injury. This can include loss of wages, bonuses, and other benefits.
• Medical Expenses: Reimbursement for medical treatment, rehabilitation costs, prescription medications, and any future medical care required.
• Care and Assistance: Costs associated with care provided by family members or professional carers, if required due to the injury.
• Travel Expenses: Costs incurred for travel to medical appointments or rehabilitation.
• Impact on Daily Life: How the injury has affected your ability to perform daily activities, hobbies, and participate in social events.
• Pre-existing Conditions: The assessment will consider any pre-existing conditions and how the accident may have exacerbated them.

The IRB’s assessment aims to provide a comprehensive and fair valuation of your claim, taking into account all relevant circumstances and evidence presented by both parties.  

Judicial Council’s Personal Injury Guidelines

The Judicial Council’s Personal Injury Guidelines are used for providing a framework for assessing the level of damages to be awarded in personal injury cases in Ireland. The guidelines aim to bring greater consistency, predictability, and proportionality to personal injury awards, reflecting a shift towards more moderate levels of compensation compared to previous years. They categorize injuries based on their severity and provide a range of monetary values for each category, taking into account factors such as the nature of the injury, its duration, and its impact on the claimant’s life. The guidelines are applied by:

• The Injuries Resolution Board (IRB) when making assessments of personal injury claims. [5]
• The courts when adjudicating personal injury cases, whether the case has gone through the IRB process or not.
• Legal practitioners when advising clients on the potential value of their personal injury claims and in settlement negotiations.

The primary purpose of these guidelines is to ensure that awards for general damages are fair, consistent, and proportionate to the injury sustained, while also addressing concerns about the rising cost of insurance in Ireland.  

For expert legal advice and representation regarding your personal injury claim, please do not hesitate to contact Sherwin O’Riordan Solicitors. Speak with a Solicitor Today – Call 01 663 2000

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