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PERSONAL INJURY CLAIMS Q&A*

*In Personal Injuries or Contentious business, a Solicitor is prohibited from percentage charging

Question: Do I have a claim?

Answer: If your injuries have been caused by the act/s or omission/s of somebody else – Yes.

Question: How much compensation will I get?

Answer: The Compensation you will get for your injuries will be based on the Injuries Board’s Book of Quantum, see www.piab.ie.

 

Your Compensation will be made up of:

  • Compensation for your injuries pain and suffering from the date of the accident to date of Assessment.
  • Compensation for your future pain and suffering from the date of assessment.
  • Out of pocket expenses from the date of the accident to date of Assessment.
  • Out of pocket expenses into the future.

Question: Must the Injury Board have to Assess my compensation?

Answer: No and these are the reasons:

  • The other side does not allow it.
  • The issues are complex such as the interaction between each of a number of injuries or the interaction between one or more of such injuries and any existing condition or disease that you suffered from or any injury you previously sustained.
  • If the injury or injuries sustained consist wholly or in part of psychological damage.
  • You seek aggravated or exemplary damages.
  • Where your claim arises out of a trespass to the person and an assessment would not respect your dignity.
  • Because the gravity of your injuries or illness is such that the Board is of the opinion that the matter should be determined by court proceedings
  • The period of time for making an assessment would have to be deferred (in order for a long-term prognosis in respect of the personal injury to be made).
  • If you are acting as next friend or guardian
  • The Respondent has a conflict of interest in the matter.
  • The interaction between one or more injuries arising from different causes
  • The Board is of the opinion there are other good and substantial reasons for it not arranging to make an assessment.

Question: Is personal injury compensation taxable?

Answer: No.

Compensation for injuries pain and suffering are tax free. If your out of pocket expenses include an element of compensation for gross loss of income, that element alone, is taxable.

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Question: How long will it take to process my claim?

Answer:

When the other side receive your valid Application Form, it has 90 days to let the Injury Board (IB) know if they are happy for the IB to assess your compensation.

Provided the other side agree, then the IB has 9 months to assess your compensation,.

When the IB have assessed your compensation, they will notify us and the other side. You have 28 days to decide if you will accept the assessment.

That’s up to 13 months! At all times a settlement may be agreed between you and the other side.

Question: Do Personal Injury claims go to court?

Answer: Only when a settlement cannot be agreed between you and the other side.

Question: Is there a time limit on a personal injury claim?

Answer: Yes, you must make your claim to the injuries Board, within 2 years of the date of the accident.

Question: What about Legal Costs?

Answer: If I.B. make an Assessment and you reject the Assessment or do not accept it and subsequently you issue court proceedings and your Court award is less than the amount of the damages assessed by I.B. then you may be subject to an award of legal costs against you.

In respect of an Assessment by I.B. which is rejected by you and accepted by a Respondent, if the Assessment is not exceeded by a court award or agreed settlement, then the following principals apply:

a. no award of costs may be made to you.

b. you may be liable for a portion of the Respondents/Defendants’ costs.

c. the court may exercise its discretion to award costs against you.

 

This rule does not apply if a lodgement or tender is made in any sum or if a formal offer is made in a sum which is not equal to the amount of the I.B. award.

In any court proceedings are issued following an Assessment, no amount in respect of fees or expenses will be allowed in connection with the I.B. application other than the outlay referred to in Sections 35, 44 or 45 of relevant legislation.

Question: How do I make an application for Compensation?

Answer: Contact Kelly Colfer Son & Poyntz* and we will:

  • Complete the Application Form for you.
  • Get the Medical Report from your doctor.
  • Estimate your Compensation.
  • Tell you what we’ll charge you.
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