How long for Injuries board to assess?

Babybiz

Hi, first time poster so correct me if I'm in the wrong section.

Accident over a year ago, ongoing medicals etc. Had a medical for 'The Injuries Board' on Monday, and after this I believe the board will make their recommendation for compensation. Just wondering has anyone gone through this recently, and how long it takes once the doctor sends back his report?

Thanks

Random

The process is detailed here which might give you a better understanding
http://www.injuriesboard.ie/eng/Making_a_Claim/Making_a_Claim.html

Babybiz

Thanks, I've seen it but it seems to give an overview of the 'whole' process, most of which I've been through...thanks though. Just thought if someone has been thru it recently they might be able to give as realistic timeframe, I could do with the cash :rolleyes:

Babybiz

Anyone?

ThunbergsAreGo

The Injuries Board have to make an assessment within nine months of the person you made the claim against agrees. But they do it in seven months on average. Hope this helps.

Babybiz

Thanks for replying. Was hoping it might be a little faster. Would the easier cases be closed off first I wonder???

IrlJidel

If you've already had your independent medical assessment (as arranged by the Injuries Board) then it could receive your assessment by post in a matter of weeks.

By law the Board are required to assess the claim within 9 mths of the date the Respondent consented to the assessment - this date should be detailed on previous correspondence. (If not, call the free phone no and query the 'final date' IB required to assess)

However, assessments are generally carried out well in advance of this date - usually within a week or two of receipt of the medical report from the independent doctor. Bear in mind that it depends on the efficiency of the doctor - some send their reports in within a week (especially the computer savvy docs); however, some are a lot slower about completing their reports (often busy specialists or GPs who are not clued into emailing / faxing etc.)

Good luck.

Babybiz

thnaks itjedel this was most helpful I will post the outcome so others can see it if the search it.

KarenR1981

Hey Babybiz
I had my independent medical exam done nearly three weeks ago and have heard nothing yet. I have called twice and each time I have been informed that they have until the end of January to make the assessment but they shouldn't take that long and they will not commit to a rough time frame. I am in desperate need of cash now to pay for more physio so am getting exermly anxious as I want to put the whole nasty business behind me. I will keep you posted once I hear.

babaduck

Lucky you. I just got a letter from the Injuries Board telling me that the Respondent has declined their assessement. B*stards. They admitted liability from the off, asked me to deal with them direct and when I asked them to settle, gave me the finger and told me to go to the Injuries Board. Now this. I'm so mad at their attitude, given that I've had 2 surgeries, too much treatment from the physio to count and still not right.

unclebill98

Ours took circa 12 months. That was their admission on guilt in the incident and there was no major hassles and as stated above they did not dis-agree with the PIAB conclusion on the matter either.

Babybiz

Thanks everyone for the replies. Still nothing. I called the injuries board last week and they had still not recevied the medical from the flippin doctor :mad: I mean, how in gods name will he even remember where I was hurting and the conversation we had about my injuries. Flippin hell, PIAB my a88, they should have timeframes for the docs too

Will keep y'all informed of any changes, but at this atage, it will be November like they say.

Babybiz

Just a little update, I called last week, on Wednesday, and the PIAB told me that they had received my medical back and I would be hearing from my solicitor, very soon They said when you have a solicitor involved they go via them so I got the impression the assesment had already been done and is possibly en route to me, here's hoping . In which case, the previous poster would be right, within a week or two of them having received the medical. I really need the case also, can't afford physio at the moment. And coincidentally, my back has never been as bad, and Id rather get nothing and my back be ok :mad: Anyway, will come back on and let ye know

Babybiz

Any one any experience in what happens next? I understand it means that the insurance company Im claiming from rejected the award but, what happens now? Do u actually have to go to court in order to get compensation.
I can't even afford my Physio at the moment and am really suffering with my back.
Would the insurance make an offer under the table now or are they willing to go the whole hog? Any advice appreciated?:(

BuffyBot

You don't need another thread for this.

Merged into the existing thread.

Dublin_Gunner

KarenR1981 wrote: »

Hey Babybiz
I had my independent medical exam done nearly three weeks ago and have heard nothing yet. I have called twice and each time I have been informed that they have until the end of January to make the assessment but they shouldn't take that long and they will not commit to a rough time frame. I am in desperate need of cash now to pay for more physio so am getting exermly anxious as I want to put the whole nasty business behind me. I will keep you posted once I hear.

Well then they have until January, and if its sooner be happy. I worked in claims for 5 years, through the inception of PIAB/IB - trust me, be grateful you don't have to go through the courts system. Ensure to keep all of your receipts for physio, they can be added into your assessment for compensation. In fact, keep copies yourself, and send the original receipts in as soon as you get them.

Babybiz - the authorisation basically means you / your legal representative now have formal authorisation to proceed to court with your claim. Your claim will now follow the usual legal route, beginning with the issuance of legal proceedings, proceed to hearing / evidence etc. Could take some time. Speak to your solicitor - the other side may be willing to settle directly if they are aware you're intent on bringing them to court - and liability is not an issue.

You really need to speak to your solicitor though. And firstly - you're not in a position to commence settlement talks if the injury has not subsided - how on earth could anybody quantify an injury that's still ongoing?

Basically, I believe at this stage, your case has gone on longer than the maximum allowed for an IB case to go on for (18 months - correct me if I'm wrong), or indeed the IB have decided that your particular case is too complex for them to assess - hence the issuance of the authorisation to proceed to court.

Babybiz

Thanks Buffybot, Im Learning

Babybiz

Thanks a million. The accident was last June
I wonder how long all the court stuff takes, my god. I assumed they include medical expenses yet to happen, states so on the injuries board. what would complicate it that they couldnt assess?

Dublin_Gunner

In relation to future expenses, it will depend most likely on a med report from your physio - but this can only be an estimate. The fact that your injury has yet to subside would deem your claim to be ongoing too long for the IB to assess - hence making the process more complex with regard to compensation and when you will be deamed to most likely be significantly recover to deem settlement appropriate. Most people don't realize, but the IB was never meant to be there as legal recourse for complicated injuries/claims. It was set up to mostly reduce the backlog in the courts due to the 'smaller' common claims, such as whiplash type injuries from car accidents etc. Speak to your solicitor-but don't be too hasty; you could settle too early only to realise that your injury goes on for much longer, and you will not have been appropriately compensated. Hope this helps.

Babybiz

Just wondering if this happened anyone else. This ''authorisation''. Of course solicitor is on holidays so I don't know what will happen now. How long would it take to get a court date for this type of thing. And is there any way if its because of 'complications' that the insurance company may still make an offer and avoid court, or are we looking at actually going to court. :mad:

Toots

Babybiz, I'm moving this to the State Benefits forum. I think you'll get more answers here.

State Benefits Mods, apologies if this is the wrong forum, feel free to send it back to BI&S if you wish.

Babybiz

Forgive me but what does it have to do with state benefits?:rolleyes:

chasm

Dublin_Gunner wrote: »

The fact that your injury has yet to subside would deem your claim to be ongoing too long for the IB to assess - hence making the process more complex with regard to compensation and when you will be deamed to most likely be significantly recover to deem settlement appropriate.

Are you sure about this? When you look at the BofQ on the IB site, injuries seem to be assessed on whether they are Substantially Recovered, Significant Ongoing, or Serious and Permanent Conditions. They state:


Any individual injury may produce different effects according to the nature and severity of the
accident and personal features such as age, physique, pre-existing medical condition or predisposition
of the person or indeed other factors. This Book categorises severity into three
broad ranges namely.

• Substantially Recovered
Covers injuries from which a claimant has substantially recovered but there are
ongoing symptoms that interfere with carrying out full day to day activities.

• Significant Ongoing
Includes the above and in addition the injury has resulted in some permanent
incapacity or limitation that significantly restricts or alters lifestyle.

• Serious and Permanent Conditions
Will apply if the injury is very severe and has caused major disruption to a claimants
life in a number of areas or results in serious continuing pain and/or requires
permanent medical attention.

Dublin_Gunner

Trust me, I've had many cases released from PIAB/IB due to the injury being ongoing, and they deemed it innappropriate for them to assess. They'll never put on their site 'If its too complicated, or taking too long, we won't assess it'.

The IB process works well for injuries which have pretty much subsided within 1/2 years max. After that, TBH its not really appropriate for such an organisation to process / assess.

And when you consider, you're not going to be awarded all your legal fee's for a significantly ongoing case, its better that it goes to court anyway.

They have made some progress with regard to the costs of medical reports & legal fee's, but really, its not there to support large / long cases.

What you have quoted is straight from the BofQ - which the IB uses as a guideline to quantify your injury. Then again, look at the values given for some injuries - there is massive variance in value, even for the same injury - so its a guessing game.

Just because they use the BofQ as a guide, does not mean the IB are going to assess a large claim.

OP - there is no way to say how long it might take to take this through legal recourse through the courts, you might be lucky, but generally there is a failry decent wait before a case comes up in the list - and you'll also have to decide if you're willing to have your case settled before you've totally or 'significantly' recovered. There is also no way to tell if the other side will / will not attempt to settle your claim before going to court. As I've said before, you'll just have to sit tight until your solicitor returns, and talk to him/her.

Remember, you have 2 years from the date of the accident to begin legal proceedings, though for the purposes of IB, Statute of Limitations is deemed to have 'paused' while your case was being assessed / released from IB. i.e if the IB process was started [claim accepted for assessment] 6 months after the injury was sustained, SoL will be deemed to have 'paused' at that date, so you still have 18 months to commence legal proceedings from the date of the IB Authorisation to proceed.

Also remember, the IB is not there to decide on liability, merely to assess what your case is worth.

Mods - seriously, what does this have to do with state benefits??? If anywhere, it should be under Legal Discussion in SOC.

Babybiz

Hey guys. Thanks a million. It all makes sense, but Im terrified of having to go to court. I was hoping they might just write to my solicitor after they realised it wasnt going to be assessed with an offer to stop all this messing.
It's only been a week so maybe they still will?

Dublin_Gunner

Babybiz wrote: »

Hey guys. Thanks a million. It all makes sense, but Im terrified of having to go to court. I was hoping they might just write to my solicitor after they realised it wasnt going to be assessed with an offer to stop all this messing.
It's only been a week so maybe they still will?

If its only been a week since the Authorisation was given, just sit tight. As well you know, these things take time.

And just to ease your fears, there is nothing to worry about going to court. You'll be there merely to state your case, and what your claiming for, and the courts will decide on a suitable award. You are not going to court in an adversarial manner, as liability has already been admitted (or at least presumed) due to them accepting your claim going to the IB in the first place. So you're not going to fight for who was right or wrong / who's liable etc.

Babybiz

Cheers, yeah there was a substantial offer made prior to even I stage, but my solicotor advised me to wait to see how injury progressed, and how right he was.
I understand these things take time, but to be honest, if they came up with the right figure Id rater put this behind me :(

Dublin_Gunner

Babybiz wrote: »

Cheers, yeah there was a substantial offer made prior to even I stage, but my solicotor advised me to wait to see how injury progressed, and how right he was.
I understand these things take time, but to be honest, if they came up with the right figure Id rater put this behind me :(

Well as I stated, thats for you and your solicitor to decide.

But don't be hasty, make sure you're in a position to settle, and you have medical evidence to suggest your injury will subside within a reasonable amount of time.

Best of luck

cee_jay

Have to agree this isn't for state benefits. moving to legal discussion. You may get more answers here.
Mods sorry if it isn't suitable here

Miaireland

To be honest you are looking at least 18 months from date of authorisation to a court date.

The Insurance Company may have felt the PIAB figure was too high and might make a offer to settle with you. Otherwise they might be happy to leave the case run to court.

dats_right

Babybiz wrote: »

I understand these things take time, but to be honest, if they came up with the right figure Id rater put this behind me :(

I know that sounds very tempting at the moment, but what about in a year or two's time if you were still forking out money for physio or doctors bills and your injury still isn't right or perhaps even deteriorates, how will you feel about it then? Your solicitor is experienced in these matters and you should listen to their advice very carefully. Also there is absolutely nothing to fear about going to Court because in the vast majority i.e. 90%++ of PI cases where court proceedings are issued they still settle before a hearing and very often you will end up with substantially more compensation than through the PIAB process anyway. But once again your solicitor can advise in this regard. Another benefit of the Court process is that it will give further time for your injury to recover/settle and medical prognosis may become clearer over that time and maybe make a more accurate assessment of loss/damage possible.

cluelessx2

Who pays the compensation - is it the person who was in the other car, or is it their insurance company? (Yes they did have insurance at the time of accident)

Dublin_Gunner

cluelessx2 wrote: »

Who pays the compensation - is it the person who was in the other car, or is it their insurance company? (Yes they did have insurance at the time of accident)

The insurance company.

Tom Young

This thread has been reported now a couple of times for infringement of the charter. I am inclined to agree with the reporters - All of the queries above should be addressed to a solicitor for obvious reasons. I'd request that you read the charter and stay within its limits.

Reliance on the wrong advice, or misplacing a scenario such as: 'How long will an assessment take?' or 'Who pays?' etc. all turns on the facts in the given case. You CANNOT rely on it.

Thanks,

Tom

Dublin_Gunner

PM sent instead

Pearson

i have been called up to attend a medical assessment. i am on illness benifit as i have post natal depression. just wondering what to expect. what format the assessment takes, questions etc. I have heard that on some occasions the the assessor has taken blood tests?/
thanks

Pearson

Dublin_Gunner

It should be just like having an extended check up with your GP.

It is performed by a doctor.

Pearson

any help please - i have just has a medical review for post natal depression. the assessment was rejected.what is the process to appeal the decision. my doctor has me still on certs.

Dublin_Gunner

Pearson wrote: »

any help please - i have just has a medical review for post natal depression. the assessment was rejected.what is the process to appeal the decision. my doctor has me still on certs.

That really depends on what basis the Assessment was rejected. Though legal advice cannot be sought here on Boards, you do now have a legal right to pursue your case through the courts system should you wish.

AFAIK you cannot appeal a decision of the assessment being rejected by the IB.

Please contact your solicitor, who will be able to advise you thoroughly.

tommy21

Hope its ok to drag up an old thread - I had my PIAB medical assessment at the end of August which went well in that he told me exactly what was being put in his report and I was satisfied with this - nearly three months on and I have heard nothing. Is this normal? I originally applied through my solicitor and the PIAB received my application at the start of April 2010 and began to process it in early July (as 90 days had elapsed to allow the other side's response). Is it ok/normal for me to ring up the Injuries Board and ask what the time frame to a decision is? I know I could get my solicitor to enquire, but no doubt that would cost me. Any advice appreciated? As far as I know they technically have nine months from July to process the claim correct?

Dublin_Gunner

iirc in the PIAB act it states they intent to have assessments made within 9 months (from respondent agreeing to claim going ahead, or not responding within 3 months). wouldn't be worried about it just yet, but maybe call to ensure they have everything they need to ease your worries.

For everyone here

http://www.injuriesboard.ie/eng/Making_a_Claim/Making_a_Claim.html

And yes, 9 months

chasm

tommy21 wrote: »

Hope its ok to drag up an old thread - I had my PIAB medical assessment at the end of August which went well in that he told me exactly what was being put in his report and I was satisfied with this - nearly three months on and I have heard nothing. Is this normal? I originally applied through my solicitor and the PIAB received my application at the start of April 2010 and began to process it in early July (as 90 days had elapsed to allow the other side's response). Is it ok/normal for me to ring up the Injuries Board and ask what the time frame to a decision is? I know I could get my solicitor to enquire, but no doubt that would cost me. Any advice appreciated? As far as I know they technically have nine months from July to process the claim correct?

Just to clarify, by PIAB medical assessment do you mean a medical assessment done by your own doctor on the injuries board forms or did you have an independent medical set up by the injuries board?

Dublin_Gunner

chasm wrote: »

Just to clarify, by PIAB medical assessment do you mean a medical assessment done by your own doctor on the injuries board forms or did you have an independent medical set up by the injuries board?

1. Does it matter?
2. The IB can, where they deem it necessary, arrange for an independent medical assessment to take place.

His query is in relation to the time it takes for assessment.

chasm

Dublin_Gunner wrote: »

1. Does it matter?
2. The IB can, where they deem it necessary, arrange for an independent medical assessment to take place.

His query is in relation to the time it takes for assessment.

1. Yes it does matter.
2. I know that the IB can arrange an independant medical, that is why i was seeking clarification.

The poster stated that it was 3 months since their piab medical assessment and that 3 months on they havent heard anything, and was this normal?
I am merely trying to ascertain which medical the poster had, rather than just assume- some people (not saying the poster in this case, as they have yet to reply) refer to the whole procedure from start to finish as PIAB.
There is nothing wrong with clarifying something before posting.

If it was their own GP or one they were sent to by their solicitor then no ,3 months isnt very long to have waited and there could still be the possibility of a further independent medical. If it was an independent medical, set up by the Injuries board then i'd say 3 months is quite a wait.

rescue16

I would contact my solictor regarding this as the solictor in my case which is ongoing has a set fee its only when it goes to court that when they get there big pay out which you dont pay the other party does so it wont cost you for them to make the phone call !

So do the wise thing and cantact you solictor. And if i was you i would be contacting you solictor regulary as from what i have read in other posts some solictors want it to go to court as thats were they make there money

Dublin_Gunner

chasm wrote: »

1. Yes it does matter.
2. I know that the IB can arrange an independant medical, that is why i was seeking clarification.

The poster stated that it was 3 months since their piab medical assessment and that 3 months on they havent heard anything, and was this normal?
I am merely trying to ascertain which medical the poster had, rather than just assume- some people (not saying the poster in this case, as they have yet to reply) refer to the whole procedure from start to finish as PIAB.
There is nothing wrong with clarifying something before posting.

If it was their own GP or one they were sent to by their solicitor then no ,3 months isnt very long to have waited and there could still be the possibility of a further independent medical. If it was an independent medical, set up by the Injuries board then i'd say 3 months is quite a wait.

If you read his post, he clearly states the IB process started in July, as the 3 months had elapsed in which the respondent has to accept / decline the assessment.

Therefore, the IB assessment process started in July. So his assessment can be assumed to be completed within 9 months from that date.

He also clear states 'PIAB medical examination', which considering the application has already been accepted, and is in progress, that this is an independent examination arranged by the IB.

Dublin_Gunner

rescue16 wrote: »

I would contact my solictor regarding this as the solictor in my case which is ongoing has a set fee its only when it goes to court that when they get there big pay out which you dont pay the other party does so it wont cost you for them to make the phone call !

So do the wise thing and cantact you solictor. And if i was you i would be contacting you solictor regulary as from what i have read in other posts some solictors want it to go to court as thats were they make there money

The IB may not include your legal costs as part of your claim, so be aware.

There is a link on the main injuriesboard.ie site outlining a recent decision from a judicial review regarding the awarding of legal fee's.

IB did not award costs in one case, and only partial costs in the other. Both claimants with the same firm of solicitors. Applied for judicial review stating the IB were not conforming the the PIAB act 2004 by not awarding costs.

The judicial review failed.

So be careful you don't get hit with a hefty bill from your solicitor.

tommy21

chasm wrote: »

1. Yes it does matter.
2. I know that the IB can arrange an independant medical, that is why i was seeking clarification.

The poster stated that it was 3 months since their piab medical assessment and that 3 months on they havent heard anything, and was this normal?
I am merely trying to ascertain which medical the poster had, rather than just assume- some people (not saying the poster in this case, as they have yet to reply) refer to the whole procedure from start to finish as PIAB.
There is nothing wrong with clarifying something before posting.

If it was their own GP or one they were sent to by their solicitor then no ,3 months isnt very long to have waited and there could still be the possibility of a further independent medical. If it was an independent medical, set up by the Injuries board then i'd say 3 months is quite a wait.

Sorry for the lack of clarity. I had an independent medical set up by a GP approved by the PIAB, and have been waiting the guts of three months to hear back on it. I may call them tomorrow I think and see what's going on.

edit: JUst rang them there - believe it or not they remain open until 8pm! Said that an assemment has not been completed yet but "is going very well" - he could not be more specific though so just glad I know I haven't missed a letter or anything for the next step. Cheers for the advice.

xxlauraxxox

hey i had my medical with them start of augest and they usually have reports sent back within 3 weeks depends on the doctur but im still waiting on my settlement even though im told its sooner rather than later now ive to wait my crash happened in dec 08 i wish u all the best and i hope u have no long term damage but they are very nice if u have a question u can ring or email them

tommy21

Just to update - I finally got a ruling from PIAB! Let 2 weeks go by and then met with my solicitor and we both agreed to settle with that if the other insurance company would. Low and behold 10 days later (and still inside the window of 28 days they have to respond), not only have they agree with PIAB but they sent on the settlement cheque. Must be a record! Glad to have it over with, a draining process I must say.

Dublin_Gunner

Thats great news. All the work wasnt in vain!