Under the Personal Injuries Assessment Board Act 2003 and 2007, all Personal Injury claims in Ireland, with the exception of medical negligence claims, must be submitted to the PIAB known as the Injuries Board for their assessment of value as a matter of due course.
As all Personal injury claims go to the PIAB there is also no obligation to instruct a solicitor and there is a facility to process the claim yourself on the PIAB website. The costs for making a Personal Injury application include a €45 application fee and usually a fee for requesting a medical form from your doctor.
You’re required to obtain a medical report from your treating doctor. This will outline the injuries you have suffered and your current condition, and provide a prognosis for your recovery. Your solicitor can manage this aspect of your case for you.
Often medical reports filed with the PIAB for Personal Injury claims often do not provide the PIAB with adequate information and have to be coupled with later examination when rehabilitation is more advanced. As a result the PIAB often request a medical to be performed by one of their own panel Doctor(s). However, going to the point at issue, where there is no compulsion for a claimant to attend such a medical examination, issues have arisen where the PIAB is under a statutory obligation to proceed with an assessment. This lack of compulsion leaves the PIAB at a big disadvantage when issuing the assessment in value.
The PIAB, which has nine to fifteen months to deal with personal injury claims, has stated many times that it wants to put applications on hold when a claimant refuses to attend for a medical examination or fails to return details of special damages. They would like to make it mandatory for claimants to attend in order the process their personal injury claim.
The PIAB’s opinions about those who fail to supply documentary evidence, or with those who fail to furnish relevant paperwork needed by claimants, has been endorsed by insurance firms and many third party bodies. This is something I agree totally with.