Personal injuries assessment

InjuriesBoard.ie, formerly known as the Personal Injuries Assessment Board (PIAB), is an independent statutory body set up under the Personal Injuries Assessment Board Act 2003. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to InjuriesBoard.ie. The Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person responsible (the respondent) does not consent to InjuriesBoard.ie assessing your claim for compensation, InjuriesBoard.ie will allow you to pursue your claim through the courts. Claims are assessed on average within 7 months of the respondent consenting. Personal injury claims through litigation (that is, the courts) can take up to 36 months (3 years). Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by InjuriesBoard.ie. The assessment of the damages due is made having regard to the particular injuries you sustained and your circumstances. Guideline amounts for compensation in respect of particular injuries are set out in the Book of Quantum  which was prepared for the Board in 2004. An online version known as the Estimator  are available on the Board's website. If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts. From 1 August 2014, under the Recovery of Certain Benefits and Assistance Scheme the Department of Social Protection can recover the value of certain illness-related social welfare payments from compensation awards. The benefits are recovered from the compensator and not from the injured person. How to apply? To make a personal injury claim for compensation you can: The following documentation is required for you to complete your application:
  • A completed Application Form (Form A) (pdf) which can be submitted online or by post.
  • A Medical Assessment Form (Form B) (pdf) completed by your treating doctor. This can be submitted by you online or by post.
  • Payment of €45. This can be paid by telephone using a credit or debit card. They can also be used online if you are submitting your application online. Alternatively, you can send a cheque or postal order, payable to InjuriesBoard.ie, by post.
You should also provide receipts for any financial loss that you have incurred as a result of the accident, together with any other documentation you may consider relevant to your claim. If making an application on behalf of child (someone under age 18) or on behalf of someone who has been fatally injured, you must make the application by post. Also, you must use a Fatal Accident Application Form (Form A) (pdf) when claiming for someone fatally injured.

New legislation for Co-habiting Couples.

New legislation was introduced early last year to a lot of publicity as it introduced civil partnerships for same-sex couples. This legislation also included a number of very important changes to the law which had applied to couples, both heterosexual and same-sex, who live together for a period of time and then separate. This part of the legislation applies to a much greater proportion of society but was greeted with much less publicity, despite the fact that it may have a much greater affect on people's lives without them realising it.

Prior to the introduction of this legislation, co-habiting couples had no legal obligations to each other on separation unless they purchased property together. This new law has completely changed the situation for co-habiting couples as, once they reach the time threshold, a number of potential financial obligations accrue. This is particularly the case where the couple may have children and one of the parents, usually the mother, stays at home, to the detriment of her earning potential, to look after the children. Prior to the new law being enacted, the father only had an obligation to provide for the children of the couple if the relationship breaks down but now he may also face providing a level of maintenance for his ex-partner, a totally new departure in Irish law. The legislation allows the Courts to make a number of orders, similar to those where the couple was married, in relation to property, pensions and maintenance on separation.