The Claim Process
The Claim Process In general personal injuries claims start by making application to the Injuries Board. Your personal injury Solicicitor will guide you through the process and advise you at each stage.
There are certain exceptions to the requirement of making the claim through the injuries board, the most notable being claims for medical negligence. The Injuries Board is an independent statutory body set up for the purpose of assessing the damages that a claimant should receive.
Application is made to the injuries board by filing certain documentation including a medical report from a doctor detailing the claimant's injuries, treatment and prognosis.
Should the respondent, or personal allegedly at fault, consent to have the matter assessed the claimant will at a later stage be sent to another medical practitioner by the injuries board to carry out an independent report of the injuries.
The injuries board will then make an assessment of the damages based on the content of these two reports. It is for the claimant and the respondent then to accept or reject the assessment. Your personal injuries solicitor will advise and assist you on the adaquacy of the assessment.
In general the injuries board will make the assessment based on a "Book of Quantum". Click here » view the book of quantum.
Should the claimant reject the assessment then in those circumstances your personal injury solicitor will issue Court Proceedings and the quantum of damages is assessed by a Judge of the Circuit or High Court, depending on the gravity of the injuries.
In circumstances where the respondent does not consent to the matter being assessed by the injuries board then the authorisation of the injuries board issues and the matter is determined by bringing the case before the Courts.
Legal Costs of Claim*
At the Injuries Board stage of a personal injuries claim the claimant does not have any exposure to the respondent's costs should the claim not be successful at this stage.
Should the matter proceed through the Court process and the claim is not successfull then it is the practice is that the unsuccessful litigant is responsible for all costs. Your personal injuries solicitor will advise you of the strength of your case which will allow you to make an informed decision as to whether or not you should proceed.
The vast majority of personal injury claims settle before reaching the Court and it is routine practise that the plaintiffs costs would be covered as part of the settlement.
Arrangements are entered into between client and personal injury solicitor that cases would be taken on a "no foal no fee basis". By virture of the Solicitors Advertising Regulations personal injury Solicitors are not permitted to advertise "no foal no fee" arrangements with Clients. Accordingly we would invite you to contact Kelly Law Solicitors to discuss the matter of costs in confidence.
One of the most important heads of advice that your personal injuries solicitor will give you is the financing of the case. This is a conversation which should take place at the beginning of a claim. An exerienced personal injury solicitor will provide the best advice to solving any finanacing issues which may arise in a given case.
We would invite you to contact Kelly Law Solicitors to discuss these matters and any other matters of concern relating to a potential claim.