Injuries Resolution Board Ireland: The 2026 Claimant's Guide

Gary Matthews, Principal Solicitor with over 20 years handling Irish personal injury claims through the IRB
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408 • First published • Last reviewed

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Definition: The Injuries Resolution Board (IRB) is Ireland's independent state body for assessing personal injury claims outside the courts. Almost every Irish injury claim must start here, within 2 years of the accident, before court proceedings can begin.

Summary: The IRB, known as the Personal Injuries Assessment Board (PIAB) until 14 December 2023, is the state body that assesses almost every personal injury claim in Ireland before a court case can issue. In 2024 it received 20,837 applications and made €168 million in awards. Most claimants now wait closer to 11.2 months, not 9, and the biggest risk is the Section 50 Trap: if your application is incomplete, the two-year clock does not stop. This guide covers the full 2026 process, the 2022 Act changes, mediation, and what to do at every decision point.

The IRB (formerly PIAB) assesses most Irish injury claims without court. Notify the wrongdoer within 1 month under Section 8. Apply with a completed Form A, Form B medical report, and PPSN. Respondents have 90 days to consent. Claims average 11.2 months. You have 28 days to accept or reject any assessment. Sources: Citizens Information (Nov 2025) and Injuries Resolution Board.

Quick answers

Do I have to use the IRB? Yes, for most Irish injury claims. Medical negligence is the main exception and proceeds directly to court.
How long does it take? 11.2 months on average in 2024. Mediation resolves in roughly 3 months where both sides agree.
What does it cost? €45 online or €90 by post for the claimant. Respondents pay €1,050 under S.I. 557/2025.
Can I reject the assessment? Yes, within 28 days. Section 51A can expose you to both sides' costs if the court does not award more.

Do I have a valid IRB claim? (2-minute check)

Answer 5 short questions. The wizard routes you to the correct Irish procedure. No data leaves your browser.

1. Did your accident or injury happen in the Republic of Ireland?

2. Did the accident happen within the last 2 years, or are you still within your "date of knowledge"?

3. Is this a medical negligence claim (doctor, hospital, nurse, dentist error)?

4. Is your only harm emotional distress from a data breach, with no physical or psychiatric injury?

5. What type of incident was it?

Contents
Name change: PIAB became the Injuries Resolution Board on 14 December 2023 under the Personal Injuries Resolution Board Act 2022.
Section 8 letter: Notify the wrongdoer within 1 month under the Civil Liability and Courts Act 2004, s.8.
Application fee: €45 online or €90 by post or email. Citizens Information
Real timelines: 2024 average assessment was 11.2 months, not the 9-month target. IRB Annual Report 2024 (press release)
The IRB claim flow, left to right Process flow of the Irish Injuries Resolution Board claim pathway in five stages. Stage 1: accident occurs and Section 8 notification letter must reach the wrongdoer within one month. Stage 2: claimant submits Form A, Form B medical report, PPSN, and pays the €45 online or €90 postal application fee. Stage 3: the respondent has 90 days to consent to assessment. Stage 4: IRB assessment or optional mediation, averaging 11.2 months end to end. Stage 5: a Notice of Assessment is issued and the claimant decides within 28 days to accept, reject, or opt for mediation. Accident + Section 8 letter (≤1 month) Form A + Form B + PPSN + fee Respondent has 90 days to consent Assessment or mediation (~11 months) Accept, reject or
From accident to Section 8 letter, then a complete IRB application, respondent consent, assessment or mediation, and a final accept or reject decision.

What is the IRB, and how did it replace PIAB?

The Injuries Resolution Board is Ireland's independent state body for assessing personal injury claims outside the courts. It was established in 2004 as the Personal Injuries Assessment Board (PIAB) under the Personal Injuries Assessment Board Act 2003 and renamed on 14 December 2023 as the final phase of the Personal Injuries Resolution Board Act 2022 came into effect. Unlike in England and Wales, where claims go straight to a pre-action protocol under the Civil Procedure Rules, in Ireland virtually every personal injury claim must first pass through this body before a court case can issue.

The 2022 Act was signed on 13 December 2022 and commenced in three phases through 2023: Phase 1 on 13 February 2023 (retention-of-claims and litigation-costs provisions), Phase 2 on 4 September 2023 (mandatory Form B medical report and application requirements), and Phase 3 on 14 December 2023 (body renamed to Injuries Resolution Board and workplace-injury mediation launched). Mediation for public liability claims followed on 8 May 2024 and for motor liability on 12 December 2024.

For a deeper legal history, read our Injuries Resolution Board explainer.

Why the rename matters: If a guide still calls the body PIAB as its current name, or still references the Book of Quantum as the valuation tool, it predates the 2021 Guidelines and the December 2023 rename. The rules it describes are likely out of date.

Who must use the IRB, and who doesn't?

Almost every personal injury claim in Ireland must go to the IRB before court. The mandatory route covers road traffic injuries, workplace accidents, public liability claims such as slips and falls, and since December 2023 wholly psychological injuries with a clear prognosis. Unlike the UK, which has no equivalent mandatory state-run assessment body, Ireland routes roughly 20,000 injury claims a year through this single statutory gateway.

Medical negligence claims are the major exclusion. They proceed directly to the High Court through the Clinical Negligence List and do not pass through the IRB. If your claim involves alleged clinical error, see our medical negligence claims guide for the correct route.

Two other situations fall outside the IRB entirely. The Supreme Court confirmed in Dillon v Irish Life Assurance plc [2025] IESC 37 that pure emotional distress or anxiety arising from a GDPR data breach is not a personal injury under the 2003 Act, so claimants proceed directly to court Beale & Co (Updated 2025) [2]. Certain Garda Compensation Scheme claims have also been routed through the IRB since April 2023 under separate procedures.

Since 14 December 2023, the Board also assesses claims that are wholly psychological. By the second half of 2024, psychiatric damage awards had grown from roughly 5% of all awards in 2021 to 14% IRB Award Values Report H2 2024 [3].

When does your clock start, and what is the Section 8 duty?

Two clocks start the moment you are injured, and both can defeat a valid claim. First, the two-year limitation period under the Statute of Limitations 1957 (as amended). Second, the one-month Section 8 window. Unlike in England and Wales, where the Limitation Act 1980 gives claimants three years to issue proceedings, Ireland allows only two, so the margin for error is meaningfully tighter.

Under Section 8 of the Civil Liability and Courts Act 2004, a claimant must write to the alleged wrongdoer within one month of the accident, setting out the nature of the claim. Missing this deadline will not automatically kill the claim. If the matter later reaches court, the judge shall draw whatever inferences seem proper, which can mean adverse costs orders against the claimant. The letter is often called an O'Byrne letter when multiple respondents are involved.

The Section 50 Trap: Submitting a skeletal IRB application no longer pauses the two-year clock. Since 4 September 2023, your application is only deemed complete, and Section 50 of the 2003 Act only suspends the limitation period, when you file a signed Form A, a compliant Form B medical report, your PPSN, and the fee together. If your limitation expires while a GP is still writing your Form B, the claim is gone M.M. Halley & Son (Nov 2025) [4].

The limitation clock restarts if the IRB issues an Authorisation. From the date of that document, Section 50 gives you a further six months plus any remaining limitation time to issue court proceedings. Full detail on the clock mechanics sits on our IRB time limits and clock-stop rule page.

Section 50 clock-stop calculator

Enter your dates to see where your two-year limitation stands and whether Section 50 has been triggered. All computation happens in your browser.

Required
Optional
Optional

Enter dates above to see your Section 50 position.

Indicative only. Exact limitation endpoints can shift on the "date of knowledge" rule, minors (clock starts at 18), and capacity-related extensions. Take legal advice before relying on any calculation.

What are the nine stages of the IRB process?

The IRB process has nine statutory stages, each with its own deadlines. We set client expectations against this 9-Stage IRB Timeline from day one. Other guides compress it to three or four steps, but missing a stage means missing a deadline.

The nine IRB stages with anchors, deadlines, and the claimant's role
#StageDeadlineYour action
1Section 8 letter of claim1 month from accidentSend to wrongdoer, keep proof
2Complete IRB applicationWithin 2-year limitForm A + Form B + PPSN + €45 or €90 fee
3Section 13 Notice issuedIRB-drivenBoard notifies respondent
4Respondent consent window90 daysWait. Insurer normally consents
5Independent medical examWhen scheduledAttend, bring records
6Assessment under the 2021 Guidelines9-month target, 15-month max, plus Section 49A retentionProvide any updates requested
7Notice of Assessment issuedn/aRead it with a solicitor
8Accept or reject28 days claimant, 21 days respondentDecide after advice
9Order to Pay or Authorisationn/aEither collect or issue proceedings
Typical IRB claim timeline: month-by-month Horizontal timeline showing the typical Irish Injuries Resolution Board claim over 11 months. Month 0 is the accident and Section 8 letter of claim. Month 1 sees the IRB application submitted with Form A, Form B, and PPSN. Month 2 is when the Board issues the Section 13 notice to the respondent. Months 2 to 5 cover the 90-day respondent consent window. Month 6 is the Independent Medical Examination. Months 7 to 10 contain the assessment under the 2021 Personal Injuries Guidelines. Month 11 is the Notice of Assessment, followed by the 28-day claimant acceptance window and the 21-day respondent window. M0 Accident + Section 8 M1 Form A submitted M2 Section 13 Notice 90-day consent M6 Independent Medical Exam Assessment M11 Notice of Assessment +28d Accept or reject
The average Irish IRB claim now takes 11.2 months end to end, per the IRB 2024 Annual Report. Month 6 is the typical IME date. The 28-day acceptance window begins the day the Notice is received.

Stage 6 is where most of the time goes. The 2022 Act gives the Board a 9-month statutory target with a 15-month hard ceiling, plus an extra two years under Section 49A if both parties agree the prognosis needs longer to stabilise. Our step-by-step IRB application guide walks through stages 1-3 in more detail.

For claimants submitting paper forms, the application address is P.O. Box 8, Clonakilty, Cork, Ireland, P85 YH98. Online applications run through injuries.ie.

What does an IRB application actually cost in 2026?

The fee structure sits in S.I. No. 557 of 2025, which commenced on 21 November 2025. Claimants pay €45 online or €90 for postal or email submissions. Respondents (typically insurers) pay a separate fee of €1,050. Medical report fees are separately partly recouped under Section 44 of the 2003 Act, though Law Society Gazette commentary in late 2025 flagged that the statutory recoupment often falls short of what GPs actually charge for a Form B. Expect the real out-of-pocket for a medical report to run €250 to €600 depending on injury complexity.

Who is the "respondent" in your IRB claim?

The respondent is the legal entity ultimately liable for your injury, not necessarily the person whose action caused it. Getting this wrong is the single most common IRB application error.

  • Road traffic accident: the other driver's insurance company, named as the driver plus the policy-holder if different. If the driver was on a work journey, add the employer.
  • Workplace accident: the employer. If you are a contractor or agency worker, the legal employer may differ from the day-to-day supervisor's company.
  • Shop or restaurant slip: the occupier (the business running the premises), and sometimes the landlord if a structural defect is involved.
  • HSE or public-body incident: claims are defended by the State Claims Agency on behalf of the State.
  • Uninsured or untraced driver: the Motor Insurers Bureau of Ireland (MIBI).
  • Garda Compensation Scheme claim: routed through the IRB since April 2023 on dedicated procedures.

If you are unsure which entity to name, a short phone consultation with a solicitor before filing Form A usually costs nothing and prevents a fatal naming error.

What happens at the Independent Medical Examination?

The Independent Medical Examination (IME) is stage 5 of the process. The IRB appoints a doctor from its approved panel, chooses the location (usually a clinic near you), and sends you an appointment letter. The examination itself typically runs 20 to 45 minutes and covers your injury history, current symptoms, treatment to date, and functional limitations.

You can bring a companion to the waiting area, but not usually into the examination room. You can ask for a same-sex doctor if you prefer. Your solicitor does not attend. Failing to attend without good reason will suspend your claim and, if repeated, can end it. Bring any recent scans, specialist letters, and a written list of symptoms so nothing is missed.

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How does the IRB's new mediation track work?

Mediation is the most significant claimant-side change since 2004. The 2022 Act introduced a voluntary mediation service that rolled out in three phases: employer liability on 14 December 2023, public liability on 8 May 2024, and motor liability on 12 December 2024. All three tracks are now live Department of Enterprise (Dec 2024) [5].

Both parties must agree before mediation starts. Sessions are usually conducted by phone with an accredited mediator, and a mediated settlement only becomes binding after a 10-day statutory cooling-off period. Around 35% of new claimants now tick the mediation box on Form A, and mediated claims are resolving in an average of roughly 3 months, against the 11.2-month average for assessments.

Mediation is not always the right choice. It works best when liability is clear, both sides want certainty, and the quantum is within a predictable band. It is often poor value for complex injury cases where the Personal Injuries Guidelines bracket is genuinely contested, because you lose the option of a later court award. Medical negligence has its own mediation regime described in our medical negligence mediation guide.

What are the four ways an IRB claim can end?

Every IRB claim ends in one of four ways, and knowing which exit you are heading for shapes every decision along the way.

The four possible IRB outcomes and what each means for you
Exit routeTriggered whenEffectTypical time
Order to PayBoth sides accept the IRB assessmentLegally binding, equivalent to a court order~12 months end to end
AuthorisationRespondent refuses consent, or either party rejects the assessment, or the Board declines to assessYou can issue court proceedings within 6 monthsVaries. Court stage adds 2-5 years
Mediated AgreementBoth sides agree in mediationBinding after 10-day cooling-off~3 months
Private settlementParties settle directly before or during IRB stageContract, IRB file closedVariable

The Authorisation is the document most people misunderstand. It is not a judgment and it does not mean something went wrong. It is simply the IRB's permission slip to go to court. Our guide to what happens after IRB Authorisation covers the six-month Section 50 court-filing window in full. For a car-accident-specific view, see after IRB Authorisation proceedings.

Which court handles your case after Authorisation?

Post-Authorisation proceedings are issued in one of three Irish courts, chosen by the monetary value of the claim. The District Court handles claims worth up to €15,000. The Circuit Court handles claims from €15,001 to €75,000 (€60,000 for personal injury claims lodged before the March 2024 threshold lift). The High Court handles everything above. Your solicitor chooses the right venue based on your medical evidence and the Personal Injuries Guidelines bracket. Filing in too low a court caps your award at that court's limit. Filing too high risks costs penalties.

What can you usefully do during the 11-month wait?

The stretch between filing and assessment is where most claimants feel powerless, and where small actions make an outsized difference to the final figure. Five habits matter.

  • Keep a symptom diary. A short weekly note on pain levels, sleep, work absences, and activities you cannot do builds a defensible record for the medical examiner.
  • Log every expense. Physio, prescriptions, travel to appointments, aids, childcare, and missed overtime. Section 44 recoupment and special damages both depend on documented receipts.
  • Attend every treatment appointment. Missed physio sessions show up as gaps in the medical record and can be read as "recovered" by assessors.
  • Preserve evidence. CCTV requests, witness contact details, and any accident report book entry should be backed up now, not when the assessment finally schedules.
  • Update the IRB promptly on any change of address, phone number, new treatment, or deterioration. Correspondence they cannot deliver can suspend the file.

What is the Section 51A costs risk, and how does it bite?

Rejecting an IRB assessment is the single most dangerous decision in the whole process, because of Section 51A of the 2003 Act as substituted by section 16 of the 2022 Act. Every claimant needs to run the Section 51A Rejection Cost Test before refusing an assessment. Other guides rarely explain how it actually bites.

Here is how it works. If the respondent accepts the IRB's assessment but you reject it, the Board issues an Authorisation. You then take the case to court. If the court eventually awards you no more than the IRB figure you rejected, two things happen. The court will not award you your legal costs. The court may order you to pay the defendant's costs incurred from the date of your rejection Personal Injuries Assessment Board Act 2003 (Revised) [6].

Worked example: Imagine the IRB assesses your claim at €15,000. You reject it and run a two-year court case. The court awards €14,000. You now have €14,000 of damages minus your own legal costs of perhaps €12,000 minus the defendant's costs from the date of rejection of perhaps €10,000. You have won your case and ended up in serious negative territory. That is the purpose of Section 51A: it pushes claimants to take reasonable IRB figures seriously.

Section 51A Rejection Cost Test calculator

Enter the IRB assessment figure you are considering rejecting. The tool shows the combined cost exposure under three scenarios.

Enter the assessment amount you are considering rejecting.

Enter a positive assessment figure to see the Section 51A exposure.

Cost bands are indicative based on typical Central Bank NCID patterns. Actual costs depend on complexity, witnesses, experts, and judicial discretion, and may be increased or reduced by the court. Take legal advice before rejecting any assessment.

The Central Bank's National Claims Information Database shows how lopsided the economics have become. In its 2024 Employer and Public Liability release, the average legal cost of an IRB-track claim sat at roughly €694, while the average litigated-track equivalent ran to €25,055 Ibec summary of Central Bank NCID 2024 [7]. Full mechanics and a decision framework sit on our accept or reject the IRB assessment spoke.

What do the 2024 and H1 2025 IRB numbers actually show?

The IRB's own 2024 Annual Report, published , and the H2 2024 Award Values Report together give the freshest picture of how the system actually performs.

2024 IRB awards by liability type Donut chart showing the 8,392 awards made by the Injuries Resolution Board in 2024, split by liability type. Motor liability accounted for 69 percent of awards, employer liability 17 percent, public liability 13 percent, and the Garda Compensation Scheme roughly 1 percent. Total value of 2024 awards was €168 million. The highest individual 2024 award was €634,875. Average award through the Board was €25,738, and the acceptance rate was 50 percent. Average legal fees were €597 through the Board versus €24,786 through litigation. 8,392 awards Motor liability 69% Employer liability 17% Public liability 13% Garda Compensation ~1% Awards paid in 2024: €168 million Applications received: 20,837 Highest single award: €634,875
Source: IRB Annual Report 2024 (published July 2025). Motor accounted for 12,041 of the 20,837 applications received. Awards-share differs from application-share because not all applications reach an award.
IRB operational metrics, 2024 vs historical context
Metric2024 valueContext
Total applications received20,837Up 3% on 2023, still ~33% below 2019 pre-pandemic levels
Total compensation awarded€168 millionSpread across 8,392 awards
Motor liability share~58% (12,041 claims)Dominant claim type
Public liability share4,780 claimsStable year on year
Employer liability share3,497 claimsDown 5% on 2023
Psychiatric damage share of awards14% (H2 2024)Up from 5% in 2021
Respondent consent rate~70%Third year at or above 70%
Claimant acceptance rate50%Up from 36% in mid-2021, 48% in 2023
Average assessment time11.2 monthsOnly 51% of cases hit the 9-month target
Median award (H2 2024)€13,00029% below 2020 levels
Average award (H2 2024)€18,96721% below 2020 levels
Highest single 2024 award€634,875Serious workplace injury
Estimated 2024 litigation cost savings€76 millionIRB estimate

Sources: IRB Annual Report 2024 and IRB H2 2024 Award Values Report.

Two figures are worth highlighting. The IRB Throughput Ratio puts 20,837 applications against a Board of roughly 80 staff, which translates to approximately 260 applications per staff member per year. That ratio explains why complex or multi-respondent claims consistently outrun the 9-month target. The 41x Cost Multiplier captures what happens once you net legal costs: moving from the IRB route to litigation multiplies average legal fees by a factor of roughly 41 for claims under €150,000. The IRB Annual Report 2024 reports average legal fees of €597 through the Board versus €24,786 through litigation, with no meaningful difference in award size.

Average legal fees: IRB route versus litigation Horizontal bar chart comparing average legal fees in Ireland under the two routes. Legal fees through the Injuries Resolution Board average €597 per claim. Legal fees for the same claim taken through the courts average €24,786, which is 41 times higher. The IRB 2024 Annual Report confirms that average award sizes are broadly similar between the two routes, so the extra cost buys little for claims under €150,000. Average legal fees per Irish personal injury claim Source: IRB 2024 Annual Report IRB route €597 Court litigation €24,786 Difference 41x higher for no meaningful change in award size €0 €12,500 €25,000
Bar chart visualising the 41x Cost Multiplier. The IRB route costs roughly €597 in legal fees on average versus €24,786 through the courts, per the IRB 2024 Annual Report, with no meaningful difference in award size for claims under €150,000.

The claimant acceptance rate also tells a story that a single-year snapshot misses. The rate ran at 36% in mid-2021 when the Personal Injuries Guidelines were freshly introduced, climbed to 48% in 2023, and reached 50% in 2024. That trajectory suggests claimants are increasingly treating the Guidelines figures as the realistic ceiling rather than a low opening offer.

For historical context, the Board has received roughly 535,000 applications since 2004 and paid out approximately €4 billion in compensation, avoiding an estimated €1.2 billion in legal costs over its lifetime.

Our spoke page IRB awards and compensation breaks down the Personal Injuries Guidelines brackets by injury type.

What do most IRB guides still get wrong?

Running a search for IRB guidance in 2026 still surfaces multiple pages that describe the pre-2022 regime. The table below sets the common claims against what the current statutory framework actually requires.

What you will read on many solicitor websites vs what the 2024-2025 data actually shows
Common claim on competitor pages2024-2025 realitySource
"PIAB handles your claim"The body has been the Injuries Resolution Board since 14 December 2023PIRB Act 2022
"The Book of Quantum is used to value awards"The Personal Injuries Guidelines 2021 have applied since April 2021, affirmed by Delaney [2024] IESC 10Judicial Council
"Filing the IRB application stops the two-year clock"Only a complete application with Form B and PPSN stops the clock, per Section 50 as amendedPIAB Act 2003 (Revised)
"Assessment takes 9 months"2024 average was 11.2 months. Only 51% of claims closed inside the 9-month targetIRB Annual Report 2024
"You can reject an assessment without cost consequences"Section 51A exposes the claimant to both sides' costs if the court does not award morePIAB Act 2003 s.51A
"The IRB does not handle psychological injuries"Wholly psychological injuries have been assessable since 14 December 2023. They reached 14% of awards by H2 2024IRB Award Values Report H2 2024
"GDPR data-breach anxiety goes through the IRB"It does not, per the Supreme Court in Dillon [2025] IESC 37Courts Service judgment
"Mediation is coming soon"Mediation has been available for all three liability types since 12 December 2024Department of Enterprise

The eight corrections above should be the minimum bar for any 2026 IRB explainer. When you read a solicitor or legal-news article that still repeats the older versions, assume the rest of its procedural advice also predates the 2022 Act.

Which statutory sections matter, and what do they do?

Irish IRB practice is governed mostly by sections of two Acts: the Personal Injuries Assessment Board Act 2003 (as amended) and the Civil Liability and Courts Act 2004. The table below maps each commonly-cited section to its plain-English effect so you can follow any solicitor or IRB correspondence that references them.

Statutory sections you will see referenced in IRB correspondence
SectionActPlain-English meaning
Section 8Civil Liability and Courts Act 2004Requires the claimant to notify the wrongdoer of the intended claim within 1 month. Missing it can trigger adverse costs inferences in court.
Section 13PIAB Act 2003The formal notice the IRB issues to the respondent once your application is accepted. Starts their 90-day consent clock.
Section 17PIAB Act 2003The Board's discretion to decline to assess a claim (usually extreme complexity or an unstable prognosis). Triggers an immediate Authorisation to proceed to court.
Section 22PIAB Act 2003Authorises the IRB to assess your claim where the respondent consents, or deems-consent where the 90-day window expires without response.
Section 44PIAB Act 2003The mechanism for recouping medical report fees as part of special damages. In practice, recoupment often falls short of the full GP charge.
Section 49APIAB Act 2003 (inserted by 2022 Act)Allows the Board to retain a complex claim for up to 2 extra years while a long-term prognosis stabilises.
Section 50PIAB Act 2003Pauses the two-year limitation clock while the IRB has an application. Only a complete application (Form A + Form B + PPSN + fee) triggers the pause.
Section 51APIAB Act 2003 (substituted by 2022 Act)The costs-sanction rule. Rejecting an assessment then failing to beat it in court can leave the claimant liable for both sides' post-rejection legal costs.

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Do you need a solicitor for the IRB?

Legally, no. The IRB process is designed so a layperson can file a Form A online, pay €45, and proceed without representation. Citizens Information confirms that instructing a solicitor is optional Citizens Information (Nov 2025) [9].

In practice, roughly 95% of IRB claimants use a solicitor. The reasons are usually the Section 50 completeness trap, the Form B content requirements, the Section 51A costs risk at the acceptance or rejection stage, and the tactical decision about whether to opt into mediation. Our firm sees three specific client mistakes often enough to mention them here.

Mistake one: submitting a Form B from a GP who has not treated the claimant for the accident injuries. Board guidance requires the treating doctor. An unrelated GP's letter will either bounce the application or lead to a re-examination that costs time.

Mistake two: naming the wrong respondent. If the at-fault driver was on a company vehicle, you often need to name the employer. If they were uninsured, you need to add the Motor Insurers Bureau of Ireland. A wrong name cannot always be corrected later if the limitation has expired.

Mistake three: missing the 28-day response window after the Notice of Assessment arrives. If you do not respond in writing within 28 days, you are deemed to have rejected the assessment, with all the Section 51A consequences that follow. For fees and our no win no fee guide, see the linked page.

What does the 2026 legislative horizon change?

Three 2025-2026 developments matter for anyone starting a claim today.

First, the Delaney ruling. In Delaney v Personal Injuries Assessment Board [2024] IESC 10, delivered 9 April 2024, a seven-judge Supreme Court ruled by majority that the Personal Injuries Guidelines are legally binding. Section 7(2)(g) of the Judicial Council Act 2019 was found unconstitutional in its original form, but the Guidelines survived because they had been ratified by the Family Leave and Miscellaneous Provisions Act 2021 Mason Hayes & Curran (2024) [10]. The 2021 figures remain the current law for every IRB assessment.

Second, the July 2025 veto. The Judicial Council proposed a 16.7% across-the-board uplift to the Guidelines in late 2024. In July 2025, the Minister for Justice declined to bring the revised Guidelines to the Oireachtas for approval, so the 2021 figures stay in force DAC Beachcroft (2025) [11].

Third, the January 2026 Amendment Bill. The general scheme of the Judicial Council (Amendment) Bill 2026, published on 21 January 2026, proposes extending the Guidelines review cycle from 3 years to 5 years, requires the Judicial Council to consult the IRB, and creates a mechanism for the Oireachtas to send revised Guidelines back for reconsideration [12]. Our 2026 Guidelines update tracks the Bill's progress.

None of these developments change today's procedure, but they all affect what your claim is likely to be worth and how long the current framework will sit in place.

Two Supreme Court rulings you need to know

Two 2024 Supreme Court decisions define the outer edges of IRB jurisdiction in 2026.

Six common IRB scenarios: what happens next?

Below are six common scenarios drawn directly from the questions our firm hears most often. Each outcome reflects the current 2026 framework.

Scenario 1, if the respondent refuses consent within 90 days: The IRB issues an Authorisation and you proceed to court. The two-year limitation restarts with a 6-month statutory tail under Section 50. Action: Begin drafting your Personal Injury Summons immediately, do not wait for any further IRB correspondence.

Scenario 2, if your Form B is late but inside the two-year limit: File Form A with an interim medical letter and follow up with the final Form B. Section 50 will only stop the clock once the full medical report is on file, so keep pressing the GP in parallel. Action: Set a calendar reminder for 30 days before the limitation expires.

Scenario 3, if both sides opt into mediation: The process typically resolves in around 3 months. A mediated agreement becomes binding 10 days after signing, giving either party a statutory cooling-off window. Action: Treat the first telephone session as a genuine negotiation, not a preliminary.

Scenario 4, if the IRB assesses your claim at €15,000 and you want to reject: Run the Section 51A Rejection Cost Test before acting. If the court is likely to award more than €15,000 plus your costs from rejection onwards, rejection may be rational. If not, accepting usually outperforms. Action: Take legal advice inside the 28-day response window.

Scenario 5, if you move abroad mid-claim: You can continue a live IRB claim from outside Ireland. Correspondence runs through your solicitor, and any independent medical examination can sometimes be arranged in your new country with IRB agreement. Action: Notify the Board and your solicitor of any address change in writing.

Scenario 6, if the at-fault driver is uninsured or untraced: Name the Motor Insurers Bureau of Ireland (MIBI) as respondent on Form A. Report the Garda incident within two days under the MIBI Agreement and file the MIBI claim form in parallel. Action: See our uninsured driver claims guide for the Section 7.1 rules on untraced property losses.

Decision path: am I eligible, and how do I start?

Which IRB route am I on?

Common claim types, the IRB route, and the most useful next page
Scenario Goes to IRB? Key next step Deeper guide
Road traffic injury, identified driver Yes Section 8 letter, then Form A + Form B Car accident IRB application
Workplace injury Yes Report to employer, then IRB application How to apply to the IRB
Public liability (slip, trip, fall) Yes Preserve CCTV early, then apply Public liability and the IRB
Whiplash after a rear-end collision Yes WAD grading in Form B drives award bracket Whiplash claims guide
Wholly psychological injury with prognosis Yes (since 14 Dec 2023) Treating clinician's Form B essential Psychological injury claims
Medical negligence No Direct to High Court, Clinical Negligence List Medical negligence hub
GDPR data-breach distress only No (per Dillon) Direct to court See section above
Uninsured or untraced driver Yes, with MIBI as respondent Garda report, then IRB and MIBI notice Uninsured driver claims

Eligibility quick-check: should my claim go to the IRB?

IRB eligibility decision flow Decision-flow diagram showing four gate questions for IRB eligibility. Gate 1: was the accident in Ireland. Gate 2: is the claim within the two-year statutory limitation period. Gate 3: is it a medical negligence case, which goes direct to the High Court Clinical Negligence List instead of the IRB. Gate 4: if the two-year window has expired, narrow exceptions apply for date of knowledge cases and for minors whose clock only runs from their 18th birthday. If the claim is not medical negligence and is inside the limitation window, the IRB is the mandatory first step under section 12 of the Personal Injuries Assessment Board Act 2003. Accident in Ireland? Within 2 years? Medical negligence? Yes → direct to court No → IRB application Expired? Narrow exceptions (date of knowledge, minors). See our time limits page.
If your claim is not medical negligence and you are inside the limitation window, the IRB is the mandatory first step.

How to start an IRB claim (Ireland, 2026)

Estimated effort: 2-4 hours spread over 3-6 weeks for document gathering. What you need: accident details, Garda PULSE reference where relevant, treating doctor's Form B, PPSN, photos, receipts.

  1. Send a Section 8 letter to the wrongdoer within one month. Keep proof of sending. Civil Liability and Courts Act 2004, s.8
  2. Book a Form B medical report with your treating doctor. Allow 2-4 weeks. The report must cover injuries, treatment, diagnosis, and prognosis.
  3. Gather evidence and expense proof. Payslips, medical receipts, property-damage quotes, and photos. See our IRB documents checklist.
  4. Complete Form A online at injuries.ie or by post to P.O. Box 8, Clonakilty, Cork, P85 YH98. Pay €45 online or €90 postal.
  5. Name the correct respondent. The legal entity responsible, not just the driver's name. Add MIBI if uninsured.
  6. Tick or skip the mediation opt-in on Form A. This is reversible if circumstances change.
  7. Wait out the 90-day consent window. Roughly 70% of respondents now consent.
  8. Attend any independent medical examination scheduled by the Board. Missing this suspends the claim.
  9. Read the Notice of Assessment carefully and decide within 28 days. Take legal advice before rejecting.

Common questions

Is the Injuries Resolution Board the same body as PIAB?

Yes, it is the same body with a new name. The Personal Injuries Assessment Board was renamed the Injuries Resolution Board on 14 December 2023 under the Personal Injuries Resolution Board Act 2022.

All existing file references, statutory provisions, and case law continue to apply. Sites that still use "PIAB" as the current primary name predate the rename.

Why it matters: A guide using old terminology often predates the mediation, Form B, and Section 49A changes that took effect in late 2023.

Next step: Full explainer • Board's own page

How long do I have to start an IRB claim?

You have two years from the date of the accident, or from the date you first knew an injury was linked to a wrongful act, under the Statute of Limitations 1957 as amended.

Minors have until their 20th birthday, because the clock does not start until they turn 18. The crucial point is that a complete IRB application pauses the clock under Section 50. A skeletal application does not.

Why it matters: Missing the limitation kills the claim. Incomplete applications give a false sense of security.

Next step: IRB time limits explained • Citizens Information

How long does an IRB claim really take?

The 2024 average assessment time was 11.2 months, measured from when the respondent consented. Only 51% of cases finished inside the 9-month statutory target.

Mediated claims resolve faster, in roughly 3 months on average. Court proceedings after an Authorisation typically add a further 2-5 years, depending on the court and the complexity of the medical evidence.

Why it matters: The "9 months" figure most websites quote is a target, not a typical outcome.

Next step: Why IRB cases run lateIRB Annual Report 2024

How much does it cost to submit an IRB application?

The fee is €45 for an online application or €90 for postal and email submissions. Respondents (usually insurers) pay a separate €1,050 fee under S.I. No. 557 of 2025.

If your claim succeeds, the IRB refunds the claimant fee as part of special damages. Medical report fees are partly covered under Section 44, though claimants often see a shortfall against what the GP actually charged.

Why it matters: The fee is not the main cost. The medical report and any loss of earnings evidence are where money is really spent.

Next step: How to apply to the IRB • Fee breakdown

What happens if I reject the IRB assessment?

The IRB issues an Authorisation, and you have 6 months under Section 50 to issue court proceedings. Section 51A then creates a serious financial risk you need to understand before deciding.

If the respondent accepted the assessment but you rejected it, and the court later awards you no more than the rejected figure, the court will not award you your legal costs. It may also order you to pay the defendant's costs from the date you rejected.

Why it matters: Winning at court does not always mean winning financially.

Next step: Accept or reject frameworkAfter Authorisation

Does the IRB handle medical negligence claims?

No. Medical negligence is expressly excluded from the IRB process under Section 3 of the 2003 Act. Claims proceed directly to the High Court through the Clinical Negligence List.

The same applies to GDPR data-breach distress claims after the Supreme Court ruling in Dillon v Irish Life Assurance plc [2025] IESC 37. Pure emotional distress from a data breach is not a personal injury under the Act.

Why it matters: Sending a clinical negligence claim to the IRB wastes months before you get an Authorisation to go to court.

Next step: Medical negligence solicitors in IrelandComplex medical cases

Can the IRB assess psychological injuries?

Yes. Since 14 December 2023 the Board has been able to assess wholly psychological injuries, such as PTSD with a stable prognosis, without requiring a physical injury.

Psychiatric damage has grown from about 5% of IRB awards in 2021 to 14% by H2 2024. The treating clinician's Form B is still the evidential foundation, and complex cases may still benefit from direct court proceedings.

Why it matters: Many older guides still say "largely psychological claims are refused." That stopped being true in December 2023.

Next step: Psychological injury claims • H2 2024 Award Values Report

Should I tick the mediation box on Form A?

Often yes for clear-liability claims, often no for contested medical evidence or high-value complex claims. Mediation is quicker (3 months versus 11.2) but you lose the option of an independent Board assessment.

Mediation rolled out in three phases: employer liability on 14 December 2023, public liability on 8 May 2024, and motor liability on 12 December 2024. All three are live and voluntary.

Why it matters: Ticking the box does not commit you to anything binding until a signed agreement after a 10-day cooling-off period.

Next step: Application choices explainedMotor mediation commencement

Do I actually need a solicitor for the IRB?

Legally no, but in practice around 95% of claimants are represented. The main reasons are the Section 50 completeness rule, the Form B content requirements, the respondent naming rules, and the Section 51A costs risk at the rejection stage.

Straightforward claims with clear liability and a short recovery can genuinely be run without a solicitor. Contested, multi-respondent, or serious-injury claims usually benefit from advice early.

Why it matters: The riskiest moments (completeness, rejection) are the ones where solicitor input tends to pay for itself.

Next step: No win no fee solicitors Ireland • Call 01 903 6408 for a free case review

What will the Judicial Council (Amendment) Bill 2026 change?

The general scheme, published on 21 January 2026, proposes three main changes. It extends the Personal Injuries Guidelines review cycle from 3 years to 5 years. It requires the Judicial Council to consult the IRB. And it creates a return-for-reconsideration path if the Oireachtas refuses to approve revised Guidelines.

The Bill does not itself change any compensation figures. The 2021 Guidelines remain in force, unchanged by the July 2025 veto of the proposed 16.7% uplift.

Why it matters: The award levels used to value your claim today are the 2021 values, and are likely to remain so until at least 2027.

Next step: 2026 Guidelines updateIrish Legal News summary

Practical resources and related reading

Fast facts about the Irish IRB

Mandatory first step: Every Irish personal injury claim except medical negligence must go to the IRB before court. Citizens Information

Current statute: Personal Injuries Assessment Board Act 2003 as amended by the Personal Injuries Resolution Board Act 2022 and S.I. No. 557 of 2025 (fees).

Assessment framework: Judicial Council Personal Injuries Guidelines, adopted 24 April 2021, still in force after Delaney [2024] IESC 10.

Real timelines: 11.2-month assessment average. 3-month mediation average where both parties engage.

Free templates and checklists

Section 8 letter of claim template (DOCX)

IRB application completeness checklist (PDF)

Form B medical report content checklist (PDF)

Personal IRB timeline tracker (PDF)

Mistakes that sink IRB claims

  • Submitting Form A without the Form B medical report, then watching the limitation clock run out.
  • Missing the one-month Section 8 deadline without a documented reason, exposing yourself to costs later.
  • Naming the wrong legal entity as respondent (the driver's name instead of the employer, or the retailer instead of the building owner).
  • Rejecting an assessment reflexively because it "feels low" without a reasoned view of the Section 51A costs risk.
  • Letting receipts for medical expenses pile up unsorted, then finding the Section 44 allowance short of what you paid.
  • Missing the 28-day acceptance window because the Notice arrived during a holiday and sat unopened.

Expand your knowledge

Full explainer on the Injuries Resolution Board

IRB medical report: the Form B rules

Why IRB cases run late, and what you can do

Public liability claims through the IRB

IRB assessment stage for car accidents

What is an O'Byrne letter?

It is the form of Section 8 letter used when more than one respondent may share blame, inviting each to admit or deny liability. See our Section 8 letter guide.

Can I still apply if the accident was partly my fault?

Yes. Contributory negligence reduces the award proportionally, it does not block the claim.

What happens to my claim if I move abroad?

You can continue a live IRB claim from outside Ireland. Your solicitor handles Irish correspondence and the Board communicates by post or email.

Next in this series

Section 8 letter explained: the one-month notification that protects your costs

Accepting or rejecting an IRB assessment: the Section 51A decision framework

IRB awards and how compensation is assessed under the 2021 Guidelines

References

  1. Department of Enterprise, Tourism and Employment. Injuries Resolution Board Liaison Unit (Updated 2025).
  2. Beale & Co. Dillon v Irish Life: Irish Supreme Court Clarifies Procedure for GDPR Distress Claims (Updated 2025).
  3. Injuries Resolution Board. Award Values Report H2 2024 (Apr 2025).
  4. M.M. Halley & Son Solicitors. IRB Now Require Mandatory Medical Reports (Nov 2025).
  5. Department of Enterprise, Trade and Employment. Minister announces commencement of the IRB's mediation service for motor liability (Dec 2024).
  6. Law Reform Commission. Personal Injuries Assessment Board Act 2003 (Revised).
  7. Ibec. Report shows large decrease in cost of settling claims through IRB (Apr 2024).
  8. The Journal. Injuries board average award coverage (Jul 2025).
  9. Citizens Information. Injuries Resolution Board (Updated Nov 2025).
  10. Mason Hayes & Curran. Personal Injury Guidelines Here to Stay: Delaney v PIAB (Apr 2024).
  11. DAC Beachcroft. The Personal Injuries Guidelines: to increase or not to increase (2025).
  12. Irish Legal News. Further reforms to adoption of personal injuries guidelines (Jan 2026).
  13. Personal Injuries Resolution Board Act 2022. Irish Statute Book.
  14. Civil Liability and Courts Act 2004, s.8. Irish Statute Book.

Related internal guides: Personal injury claimsCar accident claimsPublic liability claimsMedical negligenceNo win no feeWhiplash claimsRoad injury claims

This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation. Awards under the Personal Injuries Guidelines 2021 vary case by case.

Gary Matthews Solicitors

Medical negligence solicitors, Dublin

We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.

Contact us at our Dublin office to get started with your claim today

Gary Matthews Solicitors
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