Personal Injury
Since the introduction of the Personal Injuries Assessment Board (PIAB) Act 2003, personal injury claims must now be first submitted to the PIAB.
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 case may not be resolved under the PIAB 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 PIAB application process
• your entitlements and benefits under law
• advice in relation to the adequacy of damages awarded by PIAB
• 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 PIAB procedure must also be followed in conjunction with the new provisions introduced pursuant to the Civil Liability and Courts Act, 2004 (the 2004 Act).
This sets out the 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 PIAB and the Court process.
Article: Declan O'Brien -V- PIAB case by John P. Carty