The Personal Injuries Board was introduced in 2003 to allow people get compensation without going to Court. Except in some limited situations all applications for compensation must first begin in the Injuries Board. If you are unhappy with the award made by the Board you can then go to Court. A solicitor is instrumental in advising you through the process, particularly as the awards made by the Injuries Board are often out of step with the injury you may have suffered.
Matters not dealt with by the Injuries Board
Matters involving Medical Negligence are not dealt with by the Injuries Board, and furthermore they have the discretion to refuse to deal with matters due to:
- The complexity of the claim
- The injuries sustained involve an element of psychological damage
- aggravated or exemplary damages are sought
- an early trial is needed
(a full list is available in the Personal Injuries Assessment Board Act, section 17)
Even where the Injuries Board will deal with a particular claim, in some situations such as where an individual was injured due to a defective object or building it may be necessary to go to court to seek to have the defective item preserved so that it may be examined by experts.
Except in a limited number of situations, a claimant has two years from the date of the accident to initiate legal proceedings for compensation. If this time limit is not adhered to a claim will automatically fail. One exception to this is minors, who have until their 20th birthday to initiate proceedings, however even if not automatically barred, the length of time may give rise to difficulties.