Injuries Board

injuries-boardThe Personal Injuries Assessment Board Act, 2003 which established the Personal Injuries Assessment Board, requires, with an exception for medical negligence claims, that actions for damages for personal injuries be authorised by the Board before Court proceedings can be commenced. Therefore, most personal injuries cases must first go to the Injuries Board.

If you and the person responsible for your injury both agree to be assessed by the Injuries Board, your claim will be assessed by the Board. We will get together all the relevant paperwork and medical records, liaising with the other side, and submit the application on your behalf. When the Injuries Board makes an assessment of your claim, you can accept the award or decline it. If you decline it, or if the other party declines it, you will be authorised to proceed to court proceedings.

There is no oral hearing with the Injuries Board – it is all done by paper only. Unlike a Court, the Injuries Board does not make any awards for your legal costs, and this must be paid for by you.

The Personal Injuries Assessment Board now trades under the name The fee for an Applicant is €45 but for a Respondent has been reduced from €850 to €600.

If you want to proceed to Court in relation to your claim, you will need what is called an authorisation from the Injuries Board.

Section 12 of the Personal Injuries Assessment Board Act 2003, bars the bringing of an action for a “relevant claim” to which this Act applies without an authorisation from the Board. In s. 9 of the 2003 Act a “relevant claim” means: “…a civil action to which this Act applies” and in s. 3 of the act a “civil action to which this Act applies” means:

“(a) a civil action by an employee against his or her employer for negligence or breach of duty arising in the course of the employee’s employment with that employer,

(b) a civil action by a person against another arising out of that other’s ownership, driving or use of a mechanically propelled vehicle,

c) a civil action by a person against another arising out of that other’s use or occupation of land or any structure or building,

(d) a civil action not falling within any of the preceding paragraphs (other than one arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person).”

S. 4 of the 2003 Act further defines what is meant by “civil action” in the foregoing by defining it as:

“‘civil action’ means an action intended to be pursued for the purpose of recovering damages, in respect of a wrong, for—

(a) personal injuries, or

(b) both such injuries and damage to property (but only if both have been caused by the same wrong),

but does not include—

(i) an action intended to be pursued in which, in addition to damages for the foregoing matters, it is bona fide intended, and not for the purpose of circumventing the operation of s. 3, to claim damages or other relief in respect of any other cause of action,

(ii) an application for compensation intended to be made under the Garda Síochána (Compensation) Acts 1941 and 1945,

(iii) an action intended to be pursued in respect of an alleged breach by the State or any other person of a provision of the Constitution,

(iv) an action intended to be pursued under s. 3 of the European Convention on Human Rights Act 2003”.