Personal Injury Claims
Since the introduction of the Personal Injuries Assessment Board (Injuries Board) Act 2003, personal injury claims must now in first instance be submitted to Injuries Board.
In the recent past, it has been suggested that victims of accidents are not entitled to legal representation or that they should not avail of such legal representation. This view is grossly incorrect.
Your personal injury claims may not be resolved under the Injuries Board process and it may then be necessary to issue legal proceedings. It is important therefore that you seek legal advice at the outset to ensure your case is not prejudiced in any way.
In addition, legal advice should be sought in relation to:
• the Injuries Board application process
• your entitlements and benefits under law
• advice in relation to the adequacy of damages awarded by Injuries Board
• rights in respect of any delays in the process
• the need to seek appropriate injunctive relief to preserve the location of an accident in certain circumstances where liability is not admitted.
The Injuries Board procedure must also be read in conjunction with the new provisions introduced pursuant to the Civil Liability and Courts Act, 2004 (the 2004 Act).
The 2004 Act sets out duties and obligations on both Plaintiffs and Defendants. There are serious penalties imposed on Plaintiffs for delay and overstatement of one's claim and it is important to have access to proper legal advice at all stages of both the Injuries Board and the Court process.
Article: Declan O'Brien -V- PIAB case by John P. Carty
For more information on personal injury claims please call us 01 865 8800 or email info@kentcarty.com