Managing the Defence of Personal Injury Claims

This section applies to Republic of Ireland Claims only

Because of the establishment of the Personal Injuries Assessment Board (PIAB), now known as Injuriesboard.ie and the publication of the Civil Liability and Courts Act 2004, the management of the defence of Personal Injury Claims in Ireland is now much more complicated than in Northern Ireland.

The handling of the InjuriesBoard.ie process should also take account of the procedures which apply under the Civil Liability and Courts Act 2004. Therefore, we advise that you adhere to the following:

 

Accident happens or illness notified

This should be investigated speedily and thoroughly. If the accident was a Road Traffic accident, ensure to notify the Garda Siochana immediately. Always ensure that the Gardai attend at the scene of the accident before you leave. Ensure to contact your insurers. Take such professional advice. At Morgan McManus we can advise you of your obligations under the relevant legislation and ensure that you take appropriate precautions to preserve evidence.

 

‘Letter of claim” is served

This must be served within two months of the accident which gives rise to the claim or within two months of a person becoming aware of a cause of claim (e.g. an illness). At this stage, the employer may settle the claim (which would be the end of the matter), allow it to proceed to the InjuriesBoard.ie, or decide to defend it.

 

Dealing with the Claim

The InjuriesBoard.ie will notify the Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. of the claim. If an employer decides to let a claim proceed along the InjuriesBoard.ie route, that is not an admission of liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party., but we refer you to the possible delay concerns which you should consider as outlined in the section PIAB Advice for the Employer.

If the Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. consents to the InjuriesBoard.ie making an assessment, the assessor shall then proceed with the case. A Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. who consents to the InjuriesBoard.ie making an assessment does not admit liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party..

If the Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. refuses to consent to the InjuriesBoard.ie making an assessment, then the InjuriesBoard.ie will issue a document, referred to as an ‘Authorisation’, which will entitle the ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. to proceed and take court action.

The InjuriesBoard.ie assesses the claim but will not investigate liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party.. Having made its assessment, the InjuriesBoard.ie will then notify both the ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. and the Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. . The ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. will have 28 days within which to write to the InjuriesBoard.ie, saying whether he  accepts the assessment or not. The Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. shall have 21 days to reply. If a ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. fails to respond to notice of an assessment within 28 days, he shall be deemed to have rejected it. If a Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. fails to respond within 21 days, he shall be deemed to have accepted the assessment. This is very important to bear in mind. That is, unless the Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. positively states with that period of time that he is rejecting the assessment then he will be deemed to have accepted it and will be legally bound to pay it. It is therefore very important for a Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. to diary forward the date of notification of receipt of the assessment and ensure that he does not fall foul of this critical date.

 

Authorization

If either the ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. or the Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. rejects the assessment, the InjuriesBoard.ie will issue an ‘Authorisation’ to the ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. , which will release him to take court proceedings. The ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. will have six months from the date of the ‘Authorisation’ to institute court proceedings.

 

Legal Proceedings

The ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. institutes legal proceedings by issuing a ‘Personal Injuries Summons’ in either the High, Circuit or District Court. The Court chosen will depend on the value the Claimant’s Claimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. advisors put on the claim. The District Court handles claims up to €6,348. The Circuit Court handles claims over that amount up to €38,092 and the High Court deals with claims for more than that amount. Very few Claims for personal Injury would be issued within the District Court.

From hereon the Claim would be handled by your solicitors. An Appearance document is filed by your Solicitors and they are also entitled to seek further information from the ClaimantClaimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. on his Claim. In due course a Defence is filed, either admitting or denying liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party.. All Pleadings must be supported by Verifying Affidavits, which must be sworn by both Claimants Claimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action. and Defendants.

 

Mediation

Either party to the Court Action can apply to the Court to convene a Mediation Conference. The purpose of a Mediation Conference is try and settle the case. A Mediation Conference will be chaired by a mediator. The mediator will report to the Court on the outcome of the Conference. There is also provision under the statute for either party to make open offers of settlement. We will be able to advise you further on whether an offer should be made and the amount which should be offered, if appropriate. If the matter cannot be resolved on this basis the the Action goes to Trial.

 

Mitigating Cost

If it is appropriate for a case to be settled (where liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party. is admitted) then we will use all reasonable endeavours to settle the Claim at the earliest possible date. We will do everything possible to minimize the cost of legal proceedings.