AUTHORISATION FROM INJURIES BOARD-PIAB

mary p

Has anyone got an "authorisation to issue proceedings from the injuries board because the prognosis of injuries is no available in the time frame.
What happens now??
Is it like starting from scratch?
Is any of the ground work done?
Liability is not an issue.
Thanks for any info....

NoQuarter

It just means they gave you the go ahead to sue because the time it would take for PIAB to get your prognosis and come up with an appropriate figure would leave you outside the time you have to sue.

Normally they would give you the ok to sue and a figure of what the claim is worth, you just didnt get a figure here.

Now you take the case to court, you just dont have a figure to work from. PIAB is only around since 2003 so it's no big deal.

dan_ep82

I got a similar decision,it can take about 2 -5 years from then until it reaches court

McCrack

Getting your injury released from the Injuries Board without them making an assessment is a very good thing. It means you can start suing whoever caused your injury and you do not have the delay of it being locked in with the Injuries Board.

There is also the advantage of not being at risk should your case run to trial and you do not beat the Injuries Board assessment. There are costs implications for that but this doesn't apply to you so that's a good thing.

Instruct a personal injury solicitor.

McCrack

I cant see why it has taken two years for the Injuries Board to release it. They only have 9 months to assess or decline to assess an application. They are usually very quick to release it when they realise that there is no clear prognosis of the injury.

If liability isn't in issue (the other side have accepted liability) in a personal injury claim then the claim is only for assessment of compensation. Again this is a positive thing for any injured person.

12-18 months from now should see the matter concluded but if injuries are complex or unresolved it will take longer. There is no harm in that, you after-all only get one shot at claiming for compensation so you should want a fair amount.

ResearchWill

mary p wrote: »

hi mccrack
I dont Know if its a good thing,iv wasted nearly 2 years and iam now back to square 1
Papers have to be drafted,barrister notifed,etc etc
does it make any difference that liability is not an issue?
P.M me if you want.
thanks

Well write a letter to you local TD's as they introduced PIAB.

But as you said as the prognosis is not clear, no one old in reality conclude your case, as you may get better or worse.

McCrack

Courts (if your case gets inside of one as most cases settle outside of a courtroom) don't have any regard to what happened before legal proceedings were started.

I appreciate you are in a hurry to get your compensation, but sometimes it's better not to rush things particularly when injuries have not settled and a clear prognosis is not available. As I have said you shouldn't sell yourself short.

McCrack

I don't think you are appreciating my point. You feel the last two years have been wasted. I have pointed out that in circumstances where injuries are not settled and a clear prognosis is not available if would be foolish to settle the case. Complex injury cases or cases where prognosis is uncertain should not be rushed and will take longer than typical run-of-the-mill PI cases.

I can assure you plaintiff personal injury lawyers do not drag cases out longer then necessary. At the end of the day the slower the case is the longer time before your solicitor gets paid which is never a good thing for cash flow.

ResearchWill

mary p wrote: »

I understand what your saying.its just the injuries board did,nt have to wait 9months to tell me they cant assess it.
maybe it will work out better in the long run....

Lol shock at your shock that a civil service took nine months to say sorry can't deal with this.

mary p

when the barrister issues the papers for proceedings,does he/she have to contact the other side and get there take on the matter.ie.. do they wnt to settle now or go on hed to court?

ResearchWill

mary p wrote: »

when the barrister issues the papers for proceedings,does he/she have to contact the other side and get there take on the matter.ie.. do they wnt to settle now or go on hed to court?

A barrister will not speak to anyone on the other side untill instructed to do so by his instructing solicitor.

Things that may happen in your case, the defence solicitor contacts your solicitor to settle after receiving papers setting out your case, your solicitor should advise you based on what you said its too early based on your medicals.

The other side puts in its defence this maybe a full or a partial defence. Other documents that may be exchanged, notice for particulars, discovery and replies to same.

When all documents are exchanged your solicitor sets the matter down for trial, depending on where in the country the matter may then take a few months to a couple of years to get a trial date.

You may have to go to a doctor of the defendants choice during this time. If during this time your own reports can say your injury has settled, your solicitor may get an upto date advice on quantum from you barrister and then try to get the other side to agree to talks.

So the simple answer to your question this matter could settle next month or in 5 or more years or any where in between or go to full hearing. No one knows.

mary p

thanks researchwill

kennM

Totally agree with some of the points made...

Your health is number one priority full stop. Don't rush things until you have a clear picture of what the future holds. Unfortunately with certain injuries time and your healing are the only ones that can answer those ones.

mary p

A barrister will not speak to anyone on the other side untill instructed to do so by his instructing solicitor.

Things that may happen in your case, the defence solicitor contacts your solicitor to settle after receiving papers setting out your case.
Is this common practice for them to try and settle after they receive the papers?
Does it say on the papers how much compensation they are seeking?
How long does it take to issue the papers?

ResearchWill

mary p wrote: »

A barrister will not speak to anyone on the other side untill instructed to do so by his instructing solicitor.

Things that may happen in your case, the defence solicitor contacts your solicitor to settle after receiving papers setting out your case.
Is this common practice for them to try and settle after they receive the papers?
Does it say on the papers how much compensation they are seeking?
How long does it take to issue the papers?

No general damages are not put in PIS other than if it is in CC it's no more than €38k in HC the over that figure.

mary p

its in high court.
i thought they would have to give the other side a rough ide of how much they were looking.they must just give the details of the accident and injuries and let the insurance company work it out....

ResearchWill

mary p wrote: »

its in high court.
i thought they would have to give the other side a rough ide of how much they were looking.they must just give the details of the accident and injuries and let the insurance company work it out....

That's exactly it. Also remember its a judge who decides the matter if not settled, he or she will have all the pleadings not a great idea if he can read exactly what the plaintiff wants.

mary p

That makes sence!you would think insurance companys would want to settle after the papers are issued.it would save them alot of money on barrisiter/solicitors/reports etc......
I thought that would be someone,s job,in the insurance industryto keep the costs down.

ResearchWill

mary p wrote: »

That makes sence!you would think insurance companys would want to settle after the papers are issued.it would save them alot of money on barrisiter/solicitors/reports etc......
I thought that would be someone,s job,in the insurance industryto keep the costs down.

Well yes and no, in the smaller cases it does indeed make sence, and they do but when you get into the High Court, then what you and your advisors believe a case is worth and what the insurance company believe can be two very different figures. Also with more serious injury there is the issue of how long it takes to become better, which in many cases is after a few years, so until the Plaintiff can say ya im back to normal or a doctor says this is as good as it gets untill then noone can really value a claim.

mary p

I suppose when the other-side/insurance company get the papers,they know that the injuried person means business!
Who then decides what offer to make them?is it the insurance compays claims handler or is it the newly appointed solicitor for the insurance company?

author

Its probly the claims handler and then when they appoint a defence solicitor,they will take it from there.
you would think that they would try and sort it out before they have to start paying solicitors+barristers.......

FreudianSlippers

author wrote: »

Its probly the claims handler and then when they appoint a defence solicitor,they will take it from there.
you would think that they would try and sort it out before they have to start paying solicitors+barristers.......

Why would they be any different than any person and not seek independent legal advice? Sure they probably have in-house lawyers but they are swamped with a million different things at any given time. Their job is to delegate and deal with cases and act as a legal middleman between a board of business people and performance based claim adjusters on one hand and external lawyers on the other hand.

author

I know what your saying,but why do insurance companys let cases run on for years,building up costs for solicitors/barrristers/reports etc.
When in alot of cases when liability is not a factor, they could settle at the start and save everyone time and money.

nuac

Pls note that until you actually issue proceedings, the time limit clock is running against you.

Contact your solicitor rather than the internet

author

so when you issue proceedings,the other side know that you mean business......
Then on the other of the coin,if they settled early,alot of people would loose out on alot of work,solicitors/barristers/doctors reports etc.

McCrack

Normally it's not in the injured person's interests to settle a claim early because the injuries haven't settled or prognosis guarded/unknown.