Personal Injury

We have vast experience practising in Personal Injury* compensation claims. We are committed to providing swift expert advice about your legal entitlements regarding a Personal Injury* claim being made against a third party.

If you have suffered injury due to the negligence of a third party you may be entitled to compensation under the Personal Injuries Assessment Board Act 2003. Accidents occur on a daily basis within workplaces, roadways, public and private premises and if you have suffered as a result of negligence or omission of a third party, you are entitled to make a claim against the person or their insurance company.

The Personal Injury* compensation process in Ireland begins through the Injuries Board which was established to provide a quicker resolution to Personal Injury* claims against third parties, which formerly went through the courts only.

In complicated cases a Personal Injury* claim can take years to process, however most cases can have an assessment reached by the Injuries Board within 9 months of the injury claim being processed. NJ Downes & Company understands that claimants can have a distressing time awaiting a settlement and as a result, we work swiftly and professionally to get claims processed and heard at the earliest opportunity possible.

Cases covered

Workplace accident claims*
Motor vehicle accident claims*
Public Liability accident claims*

The Claims Process

The Personal Injuries Assessment Board Act 2003 requires that all claims made against a third party/their insurers be processed with the Injuries Board within 2 years of the incident occurring. It is imperative to seek professional advice as soon as any loss, damage or suffering as a result of third party negligence has taken place to ensure that any claim is processed within this time limit.

We will help to determine the strength of your case and explain the claims process at our initial consultation and following this, with your approval, we may then be in a position to manage the claims process on your behalf. We will write to the third party and their insurers regarding the nature of your injuries and your claim details and where necessary will arrange for the procurement of medico-legal reports, Garda and witness reports and any other relevant documentation.

The Injuries Board

The Board was established in 2004 under the Personal Injuries Assessment Board Act 2003. The Board provides independent assessment of Personal Injury* claims associated with workplace, motor or public liability accidents as a result of third party negligence. Once a claim is lodged with the Injuries Board, the Board will write to the respondent (person or body against whom a claim is being made) to formally advice of the claim. The respondent must then reply within 90 days to inform the Board whether or not they consent to the Injuries Board assessing the claim. If the respondent refuses the request from the Injuries Board an authorisation will then be issued to the claimant to pursue the case through the courts.

On completion of the assessment, the Injuries Board will then present the claimant with a Notice of Assessment outlining the level of compensation to be paid. If the compensation is agreed by both parties, an Order to Pay is issued and the agreed compensation must be paid to claimant. If either party rejects the compensation an authorisation is issued which enables the claimant to pursue the case through the court system.

Personal Injury* cases can advance to court if both, or either parties fail to settle out of court with The Injury Board. Settlement issues can arise if a defendant refuses to accept liability for the accident, or fails to agree on a suggested level of compensation. Court proceedings will then be issued and pursued. The District Court has jurisdiction to make award payments of up to €15,000.00, the Circuit Court has jurisdiction to award payments of up to €100,000.00 while the High Court has unlimited jurisdiction in awarding payments.

Most cases reach an agreeable settlement before having to issue court proceedings. NJ Downes & Company Solicitors have vast experience in successfully settling Personal Injury* claims cases through the Injuries Board and, where necessary, in Court

NJ Downes Solicitors