The Personal Injuries Assessment Board, otherwise known as the Injuries Board was set up in 2004. It is a body designed to assess personal injuries arising out of road traffic accidents, workplace accidents and public liability accidents.
There are a number of exceptions were the Personal Injuries Assessment Board will not assess your claim and they are as follows:
- Medical negligence actions
- A claim where the injury is predominately psychological
- Assault claims
- Claims where complexities arise from pre-existing medical conditions
The Personal Injuries Assessment Board will assess claims based on full liability, therefore, they will make an assessment on the basis that the Defendant is fully responsible for the accident and injuries incurred and that the Plaintiff themselves bears no responsibility for any injury sustained by them. Therefore, in certain circumstances, the Defendants and or their insures will decline to have the case assessed by the Injuries Board on the basis that they feel that the Plaintiff themselves has contributed in some part to the accident or injury.
If the Defendant refuses to have the claim assessed by the Personal Injuries Assessment Board, then a document called an authorisation will issue which will allow the Plaintiff to proceed to Court.
If however, the Personal Injuries Assessment Board does intend to assess the claim, they will do so based on an application form lodged with them together with medical evidence lodged on behalf of the Claimant/Plaintiff. The Personal Injuries Assessment Board will thereafter, seek to have the Claimant/Plaintiff independently assessed by a medical practitioner and will use the reports generated by each of the medical advisors to assess the value of the claim.
The Personal Injuries Assessment Board can also take into account items of expenditure incurred and loss of earnings suffered by the Claimant/Plaintiff.
At no stage does the Claimant/Plaintiff appear before the Personal Injuries Assessment Board, rather they are seen by an independent medical advisor usually in their locality, and thereafter, the claim is assessed based on the application form lodged.
*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.
