If you reject your assessment from the Personal Injuries Assessments Board, you will be issued with a document called an authorisation, which is a permit, which allows you the Claimant to bring your action to the courts.
It will therefore, take an additional period of time for you to secure adequate compensation for your injuries however, if the assessment was not an appropriate value for your injury then the only way to secure the appropriate value is to proceed to the courts.
Claimants should be aware that there is a provision in the legislation which states that if you reject the assessment and the Respondent accepts the assessment and you then proceed to court and receive less than the amount of the assessment, then you will not be entitled to your costs of the action. Therefore, the decision to accept or reject an assessment from the Injuries Board is a particularly important and can have implications for costs at a later stage. Therefore, your should always seek the advices of your solicitor, who has the skill and knowledge required to ascertain whether the assessment is sufficient and whether you are likely to “beat” that assessment in the courts.
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
